Author: Robert Latham

Petitioner correctly contends that discovery in juvenile proceedings is governed by rule 8.245 and that the discovery tools authorized are limited. The rule permits production of documents and things for inspection and other purposes [rule 8.245(d) ], production of documents and things without deposition [rule 8.245(e) ] and depositions [rule 8.245(g) ]. The juvenile rules do allow for the use…

The Department’s interpretation of these provisions in connection with the renewal of Ms. Enich’s stipend altered the plain meaning of the statute. See Bennett v. St. Vincent’s Med. Ctr., Inc., 71 So. 2d 828, 841 (Fla. 2011). The Department imposed a more stringent set of requirements upon Enich than the statute actually requires. In concluding…

But even if the circuit court’s characterization were accurate, it could not serve as a legal basis for terminating N.F.’s parental rights. As mentioned, simply failing to complete a case plan, as such, is not ground for terminating parental rights. Rather, evidence of neglect or abuse can only be based on a failure to “substantially comply,” i.e., fail…

As a general rule, a party who receives notice of a disposition hearing will be found to have notice that the trial court may consider any and all disposition options authorized by law. However, in the instant case, the consent plea form recited that the plea was entered based on the understanding that the trial…

In KRL v. DCF,  the GAL Program replaced a volunteer GAL who objected to TPR for a staff GAL who supported it.  The issue was live at OA; but, in the written opinion, the Third DCA is silent about the substitution except for a footnote pointing out that GAL #2 had never seen the mother…

This case presents this question: As between two agencies funded by state government, which should bear the responsibility for an expert witness fee incurred in a deposition taken in a termination of parental rights proceeding? In the absence of any statutory direction, we hold that the Florida Rules of Juvenile and Civil Procedure apply to…

In challenging the final judgment terminating her rights, appellant mother claims that the trial court’s finding that termination was the least restrictive means of protecting the child from harm, as required by Padgett v. Department of Health & Rehabilitative Services, 577 So. 2d 565 (Fla. 1991), was not supported by competent substantial evidence. In particular,…

“[T]o support a finding of dependency, the parent’s harmful behavior must pose a present threat to the child based on current circumstances.” C.W. v. Dep’t of Children & Fams., 10 So.3d 136, 138 (Fla. 1st DCA 2009).“[I]n the absence of actual abuse, abandonment, or neglect, a finding of  dependency can be made if prospective abuse, abandonment, or…