Second DCA Dodges 39.806(1)(l) Retroactivity Question

I quote: Because DCF was required to prove only one ground for termination, we do not need to decide whether the trial court correctly relied on section 39.806(1)( l ) as an alternative ground for termination. See § 39.802(4)(a), Fla. Stat. (2010); cf. A.H. v. Dep’t of Children & Families, 63 So.3d 874, 877 (Fla. 1st DCA 2011). Section 39.806(1)( l ) has an effective date of July 1, […]

Is HB 803 More Likely to Cause Another Barahona Than Prevent One?

House Bill 803 (the Silver Bullet Bill) has passed unanimously in the Florida House.  Since it’s being hailed as the thing that will prevent Barahona from ever happening again, let’s take a look at what it actually does. Spoiler alert: it does very little that would have actually prevented Barahona, and does a few things […]

How will the Third DCA Handle 39.507(7)?

Someone once asked the GAL Program whether it ever takes a position on appeal contrary to DCF’s. Here’s one of those cases. Ignore the technical difficulties–you wouldn’t believe what I went through to get this recording.  Court: Florida Third District Court of Appeal Judges: Ramirez, Salter, Schwartz Attorneys: Ilene Herscher for Father D.A.; Karla Perkins […]

I Would Never Recommend a Litigant Go Pro Se, But…

It’s rare to see a pro se litigant win, especially at the appellate level, but this Mother most certainly did. This is definitely worth watching. For some reason only the audio recorded, so I’ve included a pleasant picture of the Third DCA for you to look at.  Court: Florida Third District Court of Appeal Judges: Rothenberg, […]

Emotional Debate on Florida House’s Proposal to Reduce RTI Stipend to Age 21

You can watch the January 24, 2012 meeting of the Florida House Health Care Appropriations Subcommittee here. Debate and public comment on PCB HCAS 12-03, which lowers the maximum eligibility age for RTI to 21 years old, starts at approximately 77:00 and runs for about 47 minutes. It’s worth taking a listen to.