Third DCA to DCF: Not every injury requires state intervention

This post continues a look at legal doctrines, as opposed to pure administrative incompetence, that limit the State’s ability to intervene in families’ lives due to suspected abuse, abandonment or neglect. Thus far, since the publication of Innocent’s Lost by the Miami Herald, we have seen the Second DCA (Lakeland) refuse application of the Imminent Risk […]

Now Hiring: Attorneys for Children

Florida’s dependent children finally have attorneys, or at least some of them do. Governor Scott today signed into law House Bill 561, which creates section 39.0135, entitled Appointment of an attorney for a dependent child with certain special needs, for: children who reside in or are being considered for placement in a skilled nursing home, children who have […]

Michigan Supreme Court Rules One-Parent Doctrine Unconstitutional

Take note Florida: The Michigan Supreme Court ruled that removing a child from an uncharged parent is unconstitutional. We accordingly hold that due process requires a specific adjudication of a parent’s unfitness before the state can infringe the constitutionally protected parent-child relationship. In doing so, we announce no new constitutional right. Rather, we affirm that an […]