L.C. v. DCF – Schizophrenia and Expedited TPRs

Court: Florida 3rd DCA Judges: Shepherd, Logue, Schwartz Attorneys: Kevin Colbert for the Father, Karla Perkins for DCF, Hillary Kambour for GAL Program. Issue: Did substantial competent evidence support expedited TPR for a father with schizophrenia? Thoughts: Expedited TPRs for treatable/manageable conditions are always tricky because there is always a possibility, no matter how remote, […]

Miami LGBTQ homeless youth may finally have somewhere safe to go

A comprehensive queer youth homelessness-fighting initiative? Yes please. Citrus will handle the housing. Pridelines and the Alliance for GLBTQ Youth will provide programming and training support. This will cover a huge need in South Florida: “Our community needs assessment reported that an astonishing 34% of youth who identify as lesbian, gay, bisexual, transgender or who question […]

“The first thing I lost in law school was the reason I came”

Back in March, I came across this post at Poverty Law blog: A student who wants to do work on social justice came to my office and after I emailed him Bill Quigley’s essay, Letter to a Law Student Interested in Social Justice, he sent me a link to Dean Spade’s essay, For Those Considering Law School. […]

DCF Preparing to Create Independent Living Program Rules

DCF issued a Notice of Rulemaking for the new Independent Living Program. The notice gives us an idea of how they’ll organize the new administrative code. As of now, the new code sections are: 65C-41.001 Definitions 65C-41.002 Youth Program Participation Requirements 65C-41.003 Application Procedures for Initial Participation and Re-entry 65C-41.004 Case Management Services For Young […]

New York: Child in child support proceeding not eligible for SIJ findings

The New York Appellate Division has ruled that a child subject to child support proceedings is not sufficiently “dependent on a juvenile court” to allow a special immigrant juvenile best interest order to issue. The court reasons that child support proceedings are actually monetary suits between the parents, and create no jurisdiction over the child’s […]

Third DCA: Parents are not parties to each other’s TPR cases

The Third DCA issued the following very short opinion: The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant argues that he was denied due process when the trial court refused to appoint counsel for him at the Mother’s termination […]

Fourth DCA: Case plan tasks preventing contact between parents are legit

In a small number of cases, one parent’s compliance with their case plan will be contingent upon their ending contact with the other parent.  Over a Free Association challenge, the Fourth DCA says this is not an unconstitutional infringement of association: As to the father’s claim that his constitutional right to free association with the […]

First DCA: foster parents cannot use corporal punishment under cover of religious belief

If your religious beliefs do not allow you to abide by the contractual terms of being a foster parent, then you should not be a foster parent, says the First DCA: We reject Appellants’ contention that section 409.175(1)(b) deprives the Department of legal authority to prohibit corporal punishment, specifically the striking of the child’s body in an […]

To Motion or Not to Motion – Second DCA still requires motion for dismissal below

The Second DCA is still requiring parents to make a motion for dismissal at trial in order to preserve arguments for appeal. O.T. v. DCF, — So.3d —- (Fla. 2nd DCA) (July 24, 2013). And for some reason defense attorneys in the Second DCA are still not doing that. The Second at least certifies conflict: […]