Month: March 2012

  • Pro Se Mother Wins TPR Appeal

    The record shows that on March 30, 2010, the trial court denied an identical petition to terminate her parental rights filed by the Children and Families. Principles of collateral estoppel dictate therefore that only such conduct as may have occurred between that date and the January 10, 2011 filing of the present petition may be considered. See Donahue…

  • Consenting to your own dependency petition: “charade-theatre of the absurd”

    First, we see no acceptable way for one to file a petition, acquiesce to the allegations of that petition, and thereby secure judicial relief. This is not a case or controversy and not, therefore, a basis for court action. The respondents base their position on the statutory language providing that “any … person with knowledge of…

  • DCF Responds to HB 803 Critique

    I recently wrote a post, in truest yellow journalism fashion, asking the Limbaughian question of whether HB 803 would make another child death in Florida more or less likely. I make no apology for the tactic–I’m competing for screen time with blogs about cats wearing things on their heads, and the content of the post…

  • Failure to believe vs. failure to protect

    Regarding sex abuse: The mother admitted at the hearing that she does not believe her husband abused their daughters and does not believe she or the children need therapy. The mother also testified that she would like the father to move back into the family home with her and the children. Finally, the court-appointed psychologist…