robertlathamesq.org

Month: February 2012

  • Fifth DCA on Right to Counsel and ICWA

    The Fifth DCA (motto: Last but Not Least!) has ruled as follows: Indigent parents get court-appointed counsel in private chapter 39 TPR cases. T.M.W. v. T.A.C., — So.3d —-, 2012 WL 591671 (Fla. 5th DCA 2012). And… Failure to follow ICWA may be raised for the first time on appeal. G.L. v. DCF, — So.3d —-, 2012…

  • 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,…

  • Fifth DCA Stands by P.S. on 39.507(7)

    While the issue is pending in the Third DCA, the Fifth DCA is standing by its interpretation of 39.507(7) that no prospective findings can be made on a second parent. Assuming, in the present case, we were to treat the hearing conducted as that which was required under 39.507(7)(b), the trial court found Father did not…

  • 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…

  • Bonding Assessment Writ Denied by First DCA

    Remember the bonding assessment writ that was filed in the First DCA? The one where the child was asking for an evaluation to show the level of attachment with the mother, and where JAC refused to pay, saying that children have no right to counsel in TPR cases? Yeah, that one was per curiam denied, four…

  • 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,…

  • #NovaChildRep Symposium

    I’ll be attending, tweeting (@robertlathamesq), and possibly live blogging (if there is somewhere to set up) the Legal Representation of Children Symposium at Nova Southeastern University today.  Hope to see you there.

  • DM v. DCF is PCA’d

    I’m on an accurate prediction streak. The second DM v. DCF was per curiam affirmed by the Third DCA yesterday.

  • 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.