robertlathamesq.org

Author: Robert Latham

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  • Court orders DCF to pay for pro bono attorney’s travel costs. Appeal ensues.

    This oral argument arises out of the pro bono representation of an extremely young girl–the parties say 11 years old at one point–placed in a lock-down residential treatment center out of state. The child’s attorney requested funds to visit the child in the other state. The court ordered DCF to pay for it, under the theory…

  • Is an attorney ad litem a guardian ad litem?

    This oral argument arises out of a termination of parental rights case in which the trial court appointed an attorney to “represent the best interests of the child.” The Guardian ad Litem Program had announced that it had a conflict and could not represent the child because it was already appointed to the child’s mother, who…

  • Amplifying Ferguson and Race in Child Welfare

    One lesson from Ferguson for those of us who talk and write for a living is that now is (always) the time to amplify voices that normally are silenced. For those of us who work in child welfare, another lesson is that the children we work with have a social, historical, and political identity that is…

  • DCF holding workshop on Extended Foster Care and PESS rules today

    The new Independent Living Program went into effect on January 1, and since that time it’s been operating without administrative rules. That’s not for lack of effort to get rules passed. Good people have been working on this: a previous round of proposed rules, which were detailed and provided lots of support to youth and…

  • Florida Supreme Court accepts ineffective assistance of counsel case

    This is huge. The Florida Supreme Court has granted review in the case of a mother who lost her parental rights at a trial which began with her defense attorney informing the court that he was not prepared to go forward. Oral argument will be February 3, 2015. Briefs are due November 20 and 25. No continuances. The…

  • Defense attorney starts opening argument with “I’m tired and not prepared to do this trial,” courts still uphold TPR

    Let’s say you’re a parent facing termination of your parental rights in Florida. The following cumulative acts by your attorney would not be considered ineffective assistance of counsel: filing an untimely motion for a continuance to investigate prospective fathers; [actually the sin here was probably assuming that a judge would grant an unopposed motion for…

  • On what I would change

    I was talking with someone recently about what we’d change in the system if we had a magic wand. I decided against the normal lines of “more money” or “better services,” and said make it trustworthy, safe, and welcomed by the families it’s supposed to serve. Build relationships with people and communities before the children are even born, not…

  • On why we need youth engagement

      happy sunday.    

  • Did DCF really try to TPR a woman for seeking custody of her child?

    The First DCA reversed a TPR out of Duval County this week. The posture of the case is important: In May 2011, DCF took the then two-year-old child into protective custody and placed him in foster care. In July 2011, the trial court adjudicated the child dependent. In April 2012, the trial court created a…