Author: Robert Latham
-
Who determines probable cause under the Keeping Children Safe Act?
Not the dependency court holding the hearing: [T]he KCSA [does not] authorize a court to revisit a probable cause determination that has been made. It is not the responsibility of a court in a KCSA hearing to re-determine whether there was probable cause; rather, the responsibility of the court is to determine whether a court…
-
Saturday morning case law
2013 is not panning out as a great case law year thus far: We don’t split babies in Florida. In re T.B., — So.3d —-, 2013 WL 561489(Fla. 2nd DCA 2013) (citing § 39.521(4), Fla. Stat. (2012) (“An agency granted legal custody shall have the right to determine where and with whom the child shall live,…
-
Who is challenging APD’s iBudget?
I saw this notice today. Someone is challenging the validity of APD’s iBudget rules. I have my guesses on who.
-
APD denies foster child twice, gets denied by First DCA
A.G.Q. ex rel. M.Q. v. Agency for Persons with Disabilities— So.3d —-, 2013 WL 466264Fla.App. 1 Dist.,2013. Though this case is nominally about the relationship between APD and DCF, its holding appears to be limited to the standard of review between recommended orders and final orders in administrative hearings. The facts are interesting, however: an…
-
And They’re Off: The Independent Living Debates Begin
The Florida Senate’s Children, Families, and Elder Affairs committee has filed its Independent Living Bill (SPB 7012). It is on the committee agenda for February 19.
-
Youth and GALs Stand in Support of SB 164 on Normalcy
I am inspired any time I see a group of people who believe strongly in improving life for others, and this is one such time. Everyone who spoke did a fantastic job. The video is here. The normalcy bill portion begins at 35:40. (And hat tip to Mr. Pitts for knowing a good bill when…
-
Finally, some case law
After a slow start to 2013, the appellate courts seem to be back in business: Reflection on the importance of dependency orders. In re C.Z., — So.3d —-, 2013 WL 466209 (Fla. 2nd DCA 2013). Biology is still not everything in paternity cases. Van Weelde v. Van Weelde, — So.3d —-, (Fla. 2nd DCA 2013). And, we only…
-
What I’m reading: Brooklyn Law Review
Brooklyn Law School held what looks like an amazing symposium on reforming child protection law. The TOC of the law review issue that came out of it is below. You can access the full issue for free here. Symposium: Reforming Child Protection Law: A Public Health ApproachIntroduction by Introduction by Marsha Garrison, J.D. and Cynthia…
-
Catching up: 3-Party Adoptions, SIPP, and my reading list for this weekend
I’ve been behind on posting the news, but what a news week it has been: News #1. Judge Antonio Marin allows a three-person adoption: two moms and a dad. DO NOT read the comments unless you want your eyes to roll out of your head. News #2. Judge Michael Hanzman writes a very long order…
-
What I’m Reading: Dorothy E. Roberts — Prison, Foster Care, and the Systemic Punishment of Black Mothers
Abstract This Article analyzes how the U.S. prison and foster care systems work together to punish black mothers in the service of preserving race, gender, and class inequality in a neoliberal age. The intersection of these systems is only one example of many forms of overpolicing that overlap and converge in the lives of poor women of color.…