robertlathamesq.org

Author: Robert Latham

  • Without comment: Florida appellate oral arguments on SIJ private dependencies

  • The scope of collateral estoppel between TPR and dependency cases

    The posture of this case is complicated by previous appeals and the fact that the multiple children are differently situated. But here’s the gist: the Department brought a TPR petition against the mother and failed to prove the case. Florida law permits a judge to make a finding of dependency at the end of a TPR…

  • Watch an appellate judge mediate a dependency case from the bench

    I admit that I enjoyed watching three very smart judges try to untangle what happens when you close a dependency case over an objection without a full hearing.

  • Fourth DCA splits kids of father who has two years left in jail

    The Fourth DCA issued an opinion yesterday that troubles me. The case involves the father of three children. Because of the mother’s drug use, the oldest and youngest of his kids were placed with an aunt. The middle child was placed in foster care. Unsurprisingly, the father was able to maintain contact and a relationship with…

  • Another PCA on how to close a case

    This one is very technical, too. The court terminated supervision and left the child with an uncharged father. Mr. Colbert argues that the court should have weighed the child’s best interest in determining whether to close the case. (The trial judge apparently said on the record that it would be in the child’s best interest to keep the…

  • Post-blogging a case on violations of withholds.

    I’m a little behind in my video posting. This appeal is very technical. Kevin Colbert is arguing on behalf of a mother who received a withhold of adjudication. At some later time, she was found intoxicated (without the child present). The court violated the withhold and entered an adjudication and removed the child(ren) from her…

  • Third DCA reverses judge on caregiver funds, caregivers still win

    The Third DCA issued a reminder yesterday that dependency court judges can’t do just anything in the best interest of a child. The case involved DCF’s obligation to provide financial support to people who take custody of children they’re related to. This helps support kids in their families, instead of placing them out with strangers. This is…

  • Florida Supreme Court Hears Arguments on Ineffective Assistance of Counsel

    (Oral argument here. Previous posts here and here.) When I watch this argument I see a traumatized court. Death penalty litigation, where the Strickland standard developed, is hard on everyone involved. And while termination of parental rights is often called the “death penalty of family law,” it has certainly never been given anywhere near the same level…

  • An easy guide to new things you can and cannot do in 2015

    The future can be a confusing place. I’ll try to make it a little easier to navigate.  Things you CAN do Have an evidentiary hearing on whether your administrative action notice actually arrived to you. Get married in Florida irrespective of your gender.  Things you CANNOT do Represent yourself in a dependency matter unless you waive counsel knowingly…

  • Federal suit against Hillsborough child welfare employees allowed to go forward

    A federal judge ruled this month that a lawsuit involving the 2012 death of Marie Freyre can go forward, denying various child welfare employees’ motions to dismiss. Judge James Whittemore (Tampa) ruled on December 5 that the mother stated valid claims that the child welfare employees violated her rights under the Americans with Disabilities Act, the Rehabilitation…