Author: Robert Latham
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Recreational marijuana use isn’t a defense to TPR, yet
Apparently I missed this in November: the Fourth DCA responded to a father’s defense that his marijuana use was only “recreational.” The father never received a negative drug screen during the pendency of this case, he admitted at trial to continuing to smoke marijuana “recreationally,” and he failed to complete the required outpatient program before…
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Termination of Non-citizen Parents’ Rights
Stacy Byrd, an outstanding student of our clinic, has this Note in the current issue of the University of Miami Law Review: Learning from the Past: Why Termination of a Non-citizen Parent’s Rights Should Not Be Based on the Child’s Best Interests.
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Is Florida’s commitment of persons with developmental disabilities constitutional?
That’s what the Eleventh Circuit is trying to figure out, and it’s asked for some clarification from the Florida Supreme Court in J.R. v. Hansen, 12-14212, 2013 WL 6223684 (11th Cir. 2013): Questions Certified 1) Does “support plan” review under Fla. Stat. § 393.0651 require the Agency for Persons with Disabilities to consider the propriety of a…
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How to change your child’s name in Florida
Want to change your child’s name? You need a better reason than the other parent named her and you don’t like that parent anymore. Wilson v. Smith, 2D11-3248, 2013 WL 5951704 (Fla. 2d DCA 2013).
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Miami Herald: Mom gets children; DCF gets skewered
Under Chapter 39, the judicial and executive branches exercise concurrent jurisdiction over the welfare of foster children who have been placed in DCF’s custody. See Simms v. State Dep’t of Health and Rehab. Servs., 641 So.2d 957 (Fla. 3d DCA), review denied, 649 So.2d 870 (Fla.1994). Dep’t of Children & Family Services v. Interest of…
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Florida Recognizes Dual Maternity, Approves X.X.G. in the Process
The Florida Supreme Court has released its decision in D.M.T. v. T.M.H. Recall that the case involved a lesbian couple who conceived through assisted reproductive technology, with TMH providing the egg and DMT giving birth to the child. The couple split and DMT left with the child, arguing on her way out the door and…
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Independent Living Orders for July – August 2013
Through an agreement with the good people at Florida Administrative Law Reports, I’m happy to be able to share with you the Independent Living fair hearing final orders that would not have otherwise made it into the published FALR. The previous batch is analyzed at Independent Living Final Orders for April – June 2013. In this batch…