robertlathamesq.org

Author: Robert Latham

  • Third DCA PCAs Everything

    The Third DCA has PCA’d the three last dependency-related oral arguments in a row. B.S. v. DCF – What findings are required for a single-parent TPR? “We think every issue is important” except maybe this one. E.D. v. DCF – What form must the dispo order take in a supplemental findings hearing? We’re not too…

  • Permanent Guardianship Reversal #6 and Admission is not a proper case plan task

    T.C. v. DCF and J.C. and GALP v. DCF, — So.3d —- (Fla. 2nd DCA) are Number Six. (see numbers 1, 2,  3 & 4, and 5). Also, you can’t require a parent to admit to abusing their child as a case plan task. See FSA 39.6011(1) (“A parent of a child may not be threatened or coerced with…

  • B.S. v. DCF – What findings are required for a single-parent termination?

    Judges: Suarez, Lagoa, Salter Attorneys: Ilene Herscher for Father; Karla Perkins for DCF; Hillary Kambour for GAL. Issue: Must a court make explicit findings to justify single-parent TPR? Did the evidence support a one-parent TPR here? Thoughts: The Third DCA: “We think every issue is important.”

  • E.D. v. DCF – I have no idea what this OA is about (and I even watched it)

    One small blessing is that it’s short… Attorneys: Richard Joyce for Father; Hillary Kambour for GAL; DCF joining GAL. Issue: What form must the order of disposition take when making a supplemental finding of dependency? Thoughts: Almost absolute bench silence = PCA.

  • D.C. Court of Appeals: Adoptions Qualify for SIJ

    The holding is simple: adoptions are placements for Special Immigrant Juvenile Status purposes, says the DC Court of Appeals. I think in Florida we too often rely on the dependency system for SIJ where other, simpler options exist. Under District law, “[a]ny person may petition the court for a decree of adoption.” 6 D.C.Code §…

  • How to get attorneys fees in dependency cases

    When I read the news lately it seems obvious that we’re experiencing a pendulum swing towards more removals of children from their homes. (“Child protection” bill filing in 3…2…) I’ve spoken with folks around the juvenile courthouse and they’re already feeling the crunch: more hotline calls, more shelters, more cases. Does that lead to less…

  • 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…