Category: Case Law Updates
-
Fifth DCA Says No New Law Violations is a Reasonable Case Plan Task
We fully agree with the C.N. panel’s well-reasoned conclusion that breach of a no new law violation condition, standing alone, is insufficient to terminate parental rights. But, we disagree with the conclusion, in dicta, that no such condition may be imposed in the first place, or that doing so violates the separation of powers doctrine. S.S. v.…
-
Called it! Z.S.M. ends in P.C.A.
As predicted, the case involving foster parent intervention and a brief accusation of social eugenics that I wrote about last week has ended with an anticlimactic per curiam affirmance. To wit: the opinion (or lack thereof).
-
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.
-
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…