S.D. v. Department of Children and Families, 2017 WL 52636 (Fla. 3rd DCA) Dependency proceedings are civil in nature. The constitutional right to confront witnesses does not apply. Father appealed termination of his parental rights based on his alleged lack of consent to a witness testifying via Skype, the lack of a notary to administer […]
E.Q. v. Florida Department of Children and Families, 2017 WL 362540 (Fla. 3rd DCA)
A parent’s right to select an adoptive resource does not trump a determination as to what is in the child’s best interest. Mother appealed an order denying her motion to transfer custody of the children to their paternal grandparents. The Third DCA affirmed the order. The children were initially placed with pre-adoptive foster parents in […]
S.D. v. Department of Children and Families, 2016 WL 6992649 (Fla. 3rd DCA)
Father appealed termination of his parental rights based on his lack of consent to a witness testifying by Skype, the failure of a notary to administer the oath prior to the witness’s testimony and violation of his right to confront a witness. The Third District Court of Appeal (Third DCA) affirmed. Father’s adult daughter testified via Skype […]
M.C. v. Department of Children and Families, 2016 WL 6612173 (Fla. 3rd DCA)
This case was previously brought before the Third District Court of Appeal (Third DCA) and the court reversed termination of the Mother’s rights and directed the court to determine whether the evidence supported adjudication of dependency rather than termination. M.C. v. Department of Children and Families, 186 So. 3d 74 (Fla. 3d DCA 2016). On remand, without hearing any […]
K.B. v. Florida Department of Children and Families, 2016 WL 5804144 (Fla. 3rd DCA)
K.B., 17 year old dependent child, sought insurance of a writ of certiorari to quash an order directing K.B. to submit to an assessment by the Juvenile Addiction Receiving Facility (JARF) and to be transported by secure transport to the assessment. The Department of Children and Families (Department) concedes the order was issued without a […]
E.G. v. Department of Children and Families, 2016 WL 2731654 (Fla. 3rd DCA)
E.G., a 15 year old dependent youth, petitioned the court for a writ of certiorari quashing portions of an order directing E.G. to “voluntarily” enter into residential drug treatment, abstain from illegal drugs, and abstain from running away. Mother had filed a motion to have E.G. removed from her home and returned to foster care. […]
F.G. v. Department of Children and Families, 2016 WL 3178527 (Fla. 3rd DCA)
This opinion involves the same family and same underlying case that is involved in the B.J. v. Department of Children and Families, 2016 WL 1578492 (Fla. 3rd DCA) opinion. Father and Mother filed separate appeals of the adjudication of A.G. The Third DCA did not realize the cases were related. Father’s appeal was denied in […]
B.J. v. Department of Children and Families, 2016 WL 1578492 (Fla. 3rd DCA)
Mother appealed an order of adjudication and disposition of dependency. The Third District Court of Appeal (Third DCA) reversed adjudication.Mother and Father were spending the weekend in a hotel with their two children. Mother co-slept with the children, while Father slept on a pull-out sofa. Mother awoke and found their 4 month old child cold […]
R.W. v. Department of Children and Families, 2016 WL 1239878 (Fla. 3rd DCA)
Mother appealed termination of her parental rights. The Third District Court of Appeal (Third DCA) affirmed termination. The Third DCA found merit in only one of the issues mother raised on appeal, her claim that the trial court’s participation in the questioning of witnesses at the adjudication hearing constituted an abandonment of neutrality and impartiality. […]
M.C. v. Department of Children and Families, 2016 WL 717694 (Fla. 3rd DCA)
Mother appealed termination of her parental rights under § 39.806(1)(f). The Third District Court of Appeal (Third DCA) reversed termination. The underlying petition for termination of Mother’s rights alleged that Mother took E.C. to the hospital with “second degree, caustic, liquid burns” on his back, buttocks, right shoulder and right side of his body. Mother […]
In re S.A.R.D., 182 So.3d 897 (Fla. 3rd DCA 2016)
S.A.R.D. appealed dismissal of his private petition for dependency. The Third District Court of Appeals (Third DCA) affirmed, finding the record supported the trial court’s finding that S.A.R.D. was not abandoned, abused or neglected by his mother. S.A.R.D. asserted in his petition that he was born in Honduras. He lived primarily with his mother and […]
In re E.P.N., 180 So.3d 249 (Fla. 3rd DCA 2015)
Although the majority affirmed summary denial of E.P.N.’s appeal, a dissent was filed by Justice Salter. Salter noted factual differences in E.P.N.’s case that he believed established a prima facie basis for her claims and was entitled to an evidentiary hearing on her petition. E.P.N. was released by the Office of Refugee Resettlement to her […]
S.F.A.C. v. Department of Children and Families, 2015 WL 9584395 (Fla. 3rd DCA)
The majority issued a per curium decision, affirming denial of S.F.A.C.’s private petition for dependency. Justice Salter dissented. S.F.A.C. was born in Honduras and left by his parents with an older sibling when he was nine years old. When he was twelve years old, he was sent to live with an aunt. The aunt […]
In re B.R.C.M., 2015 WL 9584743 (Fla. 3rd DCA)
B.R.C.M. appealed a summary dismissal of his Petition for Dependency. The Third District Court of Appeals (Third DCA) affirmed and Judge Salter filed a lengthy dissent. B.R.C.M. was born in Guatemala, abandoned by his father at birth and abandoned by his mother when he was four years old. He was raised by his grandmother until […]
N.B. v. Department of Children and Families, 41 Fla. L. Weekly D168 (Fla. 3rd DCA 2016)
Mother appealed termination of her parental rights, asserting that § 39.806(1)(l) is unconstitutional. The Third District Court of Appeals (Third DCA) found the Statute to be constitutional and affirmed termination. Florida Statue § 39.806(1)(l) permits filing a TPR petition when the child or another child of the parent(s) have been placed in out of home […]
Florida Department of Children and Families v. N.M., 2015 WL 5614852 (Fla. 3rd DCA)
The Florida Department of Children and Families (Department) appealed an order fining the Department $500 for failing to file a case plan seventy-two hours prior to a reunification hearing. The Department asserted that the trial court did not permit the Department the opportunity to present evidence against on the issue of contempt. The Third DCA […]
R.T. v. Florida Department of Children and Families, 2015 WL 5139483 (Fla. 3rd DCA)
The Father appealed termination of his parent rights based on abandonment. The Third District Court of Appeal (Third DCA) affirmed termination. Although Father maintained a telephonic relationship with his child, the trial record supported that Father was unable to care for the child. The Third DCA found the evidence supported a finding that it was […]
Florida Department of Children and Families v. N.H., 2015 WL 5132689 (Fla. 3rd DCA)
The Florida Department of Children and Families petitioned for a writ of certiorari seeking to quash an order relieving the father of complying with his case plan. The Third District Court of Appeal (Third DCA) granted the petition and quashed that portion of the order. Father consented to a dependency adjudication of his child based […]
J.C. v. Department of Children and Families, 172 So.3d 515 (Fla. 3rd DCA 2015)
Mother appealed judgment terminating her parental rights. The Third District Court of Appeal (Third DCA) affirmed. Although the Third DCA found that that trial court’s order was “less than precise” in finding that Mother breached her case plan and that she would be unlikely or unable to comply with the case plan by its expiration, […]
In re B.Y.G.M., 176 So. 3d 290 (Fla. 3rd DCA 2015)
B.Y.G.M. appealed dismissal of her private petition for dependency on the basis of abandonment and neglect by her father. The Third District Court of Appeal (Third DCA) affirmed. B.Y.G.M. was abandoned by her father when she was eight months old in El Salvador. She lived with her grandparents until she fled to the United States […]
In re K.B.L.V., 176 So. 3d 279 (Fla. 3rd DCA 2015)
K.B.L.V. appealed dismissal of his private petition for dependency based upon abandonment. The Third District Court of Appeal (Third DCA) affirmed. K.B.L.V. was seventeen years old when he filed a private petition for dependency. At the time, he was living with his mother in Florida. It was undisputed that his father abandoned him in Honduras. […]
S.V. v. Department of Children and Families, 2015 WL 4095258 (Fla. 3rd DCA)
Father petitioned for writ of certiorari regarding a review of a trial court order that set aside a magistrate’s recommendation for reunification and denied Father’s motion for reunification. The Third District Court of Appeal (Third DCA) denied Father’s petition . Citing Cerase v. Dewhurst, 935 So. 2d 575 (Fla. 3d DCA 2006), the Third DCA […]
M.M. v. Department of Children and Family Services, 2015 WL 4077501 (Fla. 3rd DCA)
Father sought review of an order terminating the Department of Children and Families’ (Department) supervision of the children. The Third District Court of Appeal (Third DCA) granted the petition only as to the portion of the order that limited father’s future visitation with the children. The trial court terminated supervision of the children based on […]
Department of Children and Families v. S.B., 2015 WL 674941 (Fla. 3rd DCA)
The Department appealed an order of the trial court directing the Department to make payments to relative caregivers of children. The Department asserted that the trial court’s payment order was in violation of the requirements set forth by the Florida Administration Code Rule 65C-28.008(1)(d). The trial court found that the Administrative Rule was beyond the […]
Department of Children and Families v. J.B., 154 So.3d 479 (Fla. 3rd DCA 2015)
The Department of Children and Families (Department) appealed an order directing it to pay for travel costs of the pro bono Attorney ad Litem to assist in her client’s therapy at a North Carolina residential treatment facility. The Third District Court of Appeal (Third DCA) treated the appeal as a petition for writ of certiorari […]
A.A. v. Department of Children and Families, 147 So.3d 621 (Fla. 3rd DCA 2014)
Mother filed a petition for writ of certiorari for review of the trial court’s denial of her motion to modify a permanency order and reunification with her children. The Third DCA granted Mother’s petition. The children had been placed in a permanent guardianship with their stepfather and Mother had maintained supervised visitation. Mother sought to […]
R.W. v. Department of Children and Families, 147 So.3d 631 (Fla. 3rd DCA 2014)
Father appealed termination of his parental rights. The Department of Children and Families (department) confessed error and the Third District Court of Appeal (Third DCA) reversed the termination of parental rights. Although the trial court’s written final judgment found abandonment as the basis for terminating Father’s parental rights, the trial court orally pronounced, “I won’t […]
A.F. v. Department of Children and Families, 2014 WL 5151623 (Fla. 3rd DCA)
The Mother appeals the trial court’s order terminating her parental rights arguing that the trial court committed reversible error by appointing an attorney ad litem rather than appointing a guardian ad litem to represent the best interests of the child. The Third District Court of Appeal (Third DCA) held that because the right to have […]
R.C. v. Department of Children and Family Services, 2014 WL 6679008 (Fla. 3rd DCA)
Mother petitioned the Third District Court of Appeal (Third DCA) for a writ of certiorari from a sua sponte order directing her to submit to a pregnancy test. The Third DCA quashed the order, finding that the trial court failed to provide Mother notice, and that there was no showing of good cause to support […]
R.L.R. v. State, 116 So.3d 570 (Fla. 3d DCA 2014)
R.L.R, a dependent young adult, filed a petition for writ of mandamus to compel the trial court to reverse its order directing his attorneys ad litem to disclose juvenile whereabouts after he had run away. R.L.R. had been appointed two attorneys ad litem to represent him. The attorneys representing him refused to disclose his whereabouts […]
A.D. v. Department of Children and Families, 2013 WL 3742775 (Fla. 3d DCA)
The father appealed the trial court’s order terminating the mother’s parental rights. The father argued, “he was denied due process when the trial court refused to appoint counsel for him at the mother’s termination of parental rights proceedings and as a result, he was also denied his right to be heard at her trial.” The […]
D.C. v. J.M., 133 So.3d 1080 (Fla. 3d DCA 2014)
The mother sought a writ of certiorari quashing a “Partial Order on Foster Parents’ Motion to Intervene” entered by the trial court. The foster parents’ motion alleged that they had “direct and immediate interests” in the dependency cases relating to the mother’s children in their care and that they had a right to intervene and […]
