robertlathamesq.org

Month: November 2012

  • Third-Party Access to Dependency Records Got a Little Easier Yesterday

    Plant City, being sued for wrongful death, sought access to the decedent child’s dependency records. The dependency court denied the request, balancing the child’s privacy against the city’s interests. Not right, says the Second DCA: In this case, the dependency court abused its discretion by failing to apply the test established in section 39.0132(3). The statute…

  • On the Limited Role of State Courts in SIJ Applications

    From the New York Family Court: This Court would be remiss in not setting forth why it declines to follow the recent opinion of the Supreme Court of Nebraska in Erick M. which, were it binding upon this Court, would require that Mario’s application for special findings be denied. Under the Nebraska Supreme Court’s interpretation…

  • First DCA Still Requires Preservation of Sufficiency

    J.F.S. appeals the termination of his parental rights. Because he failed to move for a judgment of dismissal after the presentation of the State’s evidence, or at any other time during the termination hearing, we affirm. K.J. ex rel. A.J. v. Dep’t of Children & Families, 33 So.3d 88, 89 (Fla. 1st DCA 2010); J.D. v. Dep’t of…

  • Concerns are not Evidence

    In this case, the trial court was presented with evidence that the mother had substantially complied with the case plan, and the trial court appeared to accept that substantial compliance. Thus, there was a presumption of reunification. However, the trial court denied reunification based on the finding that returning the children to the mother would…

  • Millions of Ame…

    Millions of Americans with disabilities have gained innumerable rights and opportunities since Congress passed landmark legislation on their behalf in 1990. And yet advocates say barriers and bias still abound when it comes to one basic human right: To be a parent. A Kansas City, Mo., couple had their daughter taken into custody by the…

  • childlaw.net: Be Careful When “Making Healthy Choices”

    I will repost this in its short entirety. Attorneys who represent youths, parents, and foster parents have reason to be concerned about a pamphlet recently published by the federal government’s Children’s Bureau. The pamphlet, “Making Healthy Choices,” is intended to advise youth in foster care about psychotropic medications and is being distributed nationwide in English and…

  • Happy National Adoption Day!

    A heartfelt congratulations to everyone adopting or being adopted today.

  • SFGN.com: Fort Lauderdale Store Benefits LGBT Teens Transitioning out of Foster Care

    Funky Flamingo 2nds Resale Shop in Fort Lauderdale will be celebrating its one-year anniversary with a sale called Christmas in the Tropics. On the surface, Funky Flamingo 2nds may look like just another resale shop. … Yet, Funky Flamingo 2nds stands out in more significant ways. All of the proceeds at Funky Flamingo 2nds go to benefit H.O.M.E.S., Inc., an organization that focuses on creating self-sufficiency and…

  • Attention Dependency Attorneys: There is also a Chapter 49

    Appellant challenges the final order terminating her parental rights. Although Appellant failed to personally appear at the final hearing after receiving prior verbal notice of the hearing via telephone, the hearing was held only 26 days after the date of first publication of the service of process by publication. Accordingly, the final order is REVERSED…

  • New Money, New Fights in Prostitution Advocacy

    First, In battle against teen prostitution, a fight over funds. And then Service group sues DCF, alleging smear campaign.