Fourth DCA: Consent to 39.806(1)(c) is Consent to LRM

Though this isn’t as exciting as the Affordable Healthcare Act ruling, it’s at least a substantive dependency case, which we haven’t seen in what feels like forever. It’s been a very quiet summer. Thank goodness for the Fourth DCA who this week adopted the Second DCA’s reasoning from In re G.M., holding that an implied consent […]

Juvenile LWOP Unconstitutional

Is the imposition of a life-without-parole sentence on a fourteen-year-old child convicted of homicide a violation of the prohibition against cruel and unusual punishment under the Eighth and Fourteenth Amendments when the child did not personally engage in any physical violence toward the victim and when the sentence resulted from a mandatory sentencing scheme? In […]

Case Law Review: Defaults, One-Parent Findings, Swahili Consents to Adoption, Paternity Standing, and TPRs for Chronic Mental Illness

(1) You can only default at an advisory or trial, not a pretrial or calendar call. J.E. v. DCF, — So.3d —-, 2012 WL 1889781 (Fla. 2nd DCA) (haven’t we learned this by now?). (2) In M.W. v. DCF, — So.3d —-, 2012 WL 1889783 (Fla. 2nd DCA) (so close), the mother and father were TPR’d. The […]

Miami-Dade Appointed Counsel Fees in Dependency and TPR

In the midst of the very public debate and discussion over the Limited Registry for court appointed counsel, one of my three readers has forwarded this records request from the JAC: the 2010-11, 2011-12 fees paid to dependency attorneys in Miami-Dade County (including dependency, TPR, and appeals). I have redacted the names and replaced them […]