robertlathamesq.org

Author: Robert Latham

  • Somewhere Between Henderson and M.M.: TPR’ing for Poverty

    The trial court found that the Father breached his case plan in four material aspects: (1) intentionally absconding to Oklahoma, (2) concealing the fact of his relocation to Oklahoma, (3) failing to obtain approved housing, and (4) continuing to neglect N.R.-G. despite the completion of parenting classes. Because these breaches did not pose any danger to N.R.-G.’s well-being and…

  • “At the core of the intent of the rule is the child’s right to be present.”

    Upon consideration, we adopt the amendments to rule 8.255(b) as proposed by the Committee in its revised proposal. The amendments address the right of a child to be present at all hearings in dependency and termination of parental rights proceedings, as well as the duty of the trial judge to make the appropriate best interest…

  • Haste Makes Waste – Insufficient Orders Reversed and Remanded

    As predicted, both of these orders got reversed. Insufficient dependency order reversed and remanded: A.F. v. DCF, — So. 3d —- (Fla. 3rd DCA 2012). Oral argument here. Dependency orders require specific findings, not just a list of witnesses. Insufficient permanent guardianship order reversed and remanded: M.G. v. DCF, — So. 3d —- (Fla. 3rd DCA). Oral argument…

  • Egregious Failure to Believe

    K.G. argues that there is insufficient evidence of egregious conduct. She claims that the father never showed frustration or anger toward the child. K.G. also points to the conflicting medical testimony about the cause of the injuries. Instead of termination, K.G. wants a case plan with a goal of reunification. For the well-being of this…

  • Too Many, Too Much, Too Young – Oversight of Psychotropic Medication for Children in Foster Care

    I was prepared to eye-roll, but this ACYF memo is the most comprehensive government document on psych meds I have seen yet. Until all drugs are properly studied in the populations for which they are being used, the lack of specific evidence-based recommendations reinforces the need for close supervision and monitoring for patients receiving psychotropic…

  • What tasks can be in a case plan?

    Only tasks “[]relevant to the issue that resulted in the dependency and [] meaningfully designed to address the issue that resulted in [the child’s] removal from the home.” In re. G.S., — So. 3d. —-, 2012 WL 1193358 (Fla. 2nd DCA 2012). In this case, the dependency was based on the child’s lack of parent or…

  • Juvenile in Justice

    If you have not seen the Juvenile-In-Justice blog yet, you should. Stark pictures of a system that is not living up to anyone’s expectations. From wired.com: The resulting photo-survey, Juvenile-In-Justice, documents 350 facilities in over 30 states. It’s more than a peek into unseen worlds — it is a call to action and care. “I grew up in…

  • Is drug court voluntary?

    Drug court is not voluntary. J.W. v. DCF, — So.3d —-, 2012 WL 1057637 (Fla. 5th DCA 2012).  

  • Oral Argument: Can you delegate visitation parameters to permanent guardian?

    My apologies for the technical difficulties: this is only audio.  Court: Florida Third District Court of Appeal Judges: Shepherd, Rothenberg, Emas Attorneys: Kevin Colbert for the Mother; Karla Perkins for DCF Issues: whether a permanent guardianship order can delegate the parental visitation parameters to the permanent guardian; DCF separately concedes that findings on this order…

  • Secretary Wilkins Fixes DCF, Goes to Disney World

    The man in charge of the Florida Department of Children and Families has a new job to add to his current one and that’s raising some concerns. Gov. Rick Scott is making David Wilkins Florida’s new Chief Operating Officer for Government Operations. Wilkins will take on that job and continue to serve as secretary of…