robertlathamesq.org

Author: Robert Latham

  • Woodburn v. DCF survives motions to dismiss

    Almost three years after being filed, the case of Woodburn v. DCF, et al, has mostly survived (12)(b)(6) challenge.

  • Ethical Issues in Child Representation (video)

    A few months ago, the Florida Legal Needs of Children Committee put on a panel to discuss ethical issues in the representation of children. The video is here. I haven’t had a chance to review it fully yet, because it is LONG.

  • Oral Argument on Social Eugenics and Foster Parent Intervention

    Florida’s Third DCA is now live broadcasting oral arguments. I tried to make a recording of yesterday’s, but failed. Hopefully next time a dependency/child related case comes up I’ll be more prepared. Here were the issues in Z.S.M. v. DCF: Was there competent and substantial evidence to support a TPR where the mother had mental…

  • Dependency and TPR Appellate Briefs Should be Public

    The case below reinforces my strongly held belief that the appellate briefs (not the full record, however) in dependency and TPR cases should be public. The briefs are already redacted and the opinions publish much of the same information found in the briefs. There’s no reason to keep them hidden. It only serves to prevent…

  • Nonoffending Parents Given Fewer Rights than Offenders in Third DCA

    The appellant is the mother of two children, K.B. (age nine at the time of the proceedings below) and A.V. (age three). She appeals an order denying her motion for reunification with K.B. in a circuit court dependency case following her substantial compliance with the tasks in her case plan. She has also appealed orders…

  • Professor Annino files Cert Petition on Child’s Right to Counsel

    News has traveled at this point that FSU Professor Paolo Annino has filed a petition in the First DCA placing the issue of a child’s right to counsel squarely before the court. In his case, the child is fighting a TPR petition that is brought by DCF and supported by the GAL. The child moved…

  • The Problem of LRM and Abandonment

    The mother appeals an order terminating her parental rights. She argues the court erred in denying her motion to dismiss the amended petition, which failed to allege reasonable efforts to preserve and reunify the family, that termination was not the least restrictive means of protecting the child, and that the mother was not responsible for the lack…

  • Family and Foster Care Related SCOTUS Cases

    The 2011 Supreme Court Session kicked off yesterday. Family law is not much dealt with at the federal level, and this session is no exception. However, here are a few cases (and their OA dates) that may have some impact on families, and children and youth in and out of foster care: 10/3/11 – REYNOLDS v.…

  • Florida Declines Jurisdiction Over Every Baby Conceived on Vacation There

    It is completely contrary to the legislative goals of the UCCJEA for Florida to assert jurisdiction to superintend the custody, shared parental responsibility, and visitation where the child is not and has never been a resident of this state. The mere fact of conception in this state is not such a tie to permit the…

  • When every leaf is a flower

    Autumn started on the 23rd. It was a lazy end of summer, little going on, not even any substantive or ridiculous appellate opinions (except for the one about spanking as domestic violence, which I haven’t gotten to yet). It’s as if the dependency system has stabilized a bit, a finally–if temporarily–well-oiled machine. I know that’s…