Second DCA: Grandparent Standing and Limiting the Keeping Children Safe Act

Section 39.01(51), Florida Statutes (2010), defines “party” to include “the petitioner.” Because the grandparents are petitioners in the trial court, they are not “essentially” parties, they are parties. Thus, we determine that they have standing to challenge the order. In addition, the effect of the order is to prohibit the grandfather from living with his wife, which […]

D.M. v. DCF (Fla. 3rd DCA) (argued January 25, 2012)

This is a different D.M. than I posted last week. There’s a clear affirmance of TPR coming here.  Court: Florida Third District Court of Appeal Judges: Lagoa, Fernandez, Schwartz Attorneys: Sandford Rockowitz for the Mother; Hillary Kambour for the GAL Program; Karla Perkins for DCF (joining GAL Program’s oral argument). Issues: whether there was competent […]

Florida Independent Living Bill Now in House’s Hands

Done! SB 434 is already in messages with the House. The amendments in the Senate were as follows: explicitly made DCF guardian of the person of a child in its custody updated the legislative purpose required a plan for health care coordination and “connection to a positive adult” removed $25 minimum for RTI extended adoption […]

Dependency Oral Argument: Y.A. v. DCF (Fla. 3rd DCA)

Court: Florida Third District Court of Appeal Judges: Shepherd, Cortinas, Lagoa Attorneys: Thomas Butler for the mother; Hillary Kambour for GAL Program; Karla Perkins for DCF (joining GAL’s OA) Issue: Whether the evidence established that termination of the mother’s rights was the least restrictive means; whether the trial court’s order made sufficient findings of least […]