Category: Case Law Updates
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Florida Supreme Court to immigrant teens: just go away already
The Florida Supreme Court ruled yesterday that the cases of immigrant children pending appeal should be dismissed as moot when they turn 18, even if the lower court erred when the child was still a minor and even if the error prevents the child from applying for Special Immigrant Juvenile status. In October of 2014, OICL,…
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Fifth DCA essentially declines to follow Florida Supreme Court on ineffective assistance of counsel
The opinion boils down to this: Florida Supreme Court: Trial judges must orally advise a parent of their right to file a motion alleging ineffective assistance of counsel after a TPR trial. Mother: The trial judge didn’t advise me, and my trial counsel (who I tried to fire halfway through the trial) didn’t say anything…
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Florida Supreme Court denies review of order limiting parents’ pro se filings
The Florida Supreme Court has declined jurisdiction in a dependency case involving two pro se parents who were limited by the Fourth DCA to filing pleadings only with the signature of a member of the bar. The word “sovereign” occurs in the parents’ jurisdiction brief three times. The docket, with briefs, is here.
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Florida Supreme Court issues stay in immigrant juvenile cases
In case you’ve been under a child welfare rock, there has been a storm brewing for the past year regarding the handling of unaccompanied immigrant minors in Florida’s child welfare system. It started in Miami with two cases: BYGM and KBLV. The opinions are worth a read to get a feel for exactly what is going…
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Case law update: TPR for medical neglect of child resulting in AIDS; adoption subsidy doesn’t offset child support
The Fifth DCA addresses the question of whether an adoption subsidy can be used to reduce child support obligations. Short answer: no. Tluzek v. Tluzek, — So.3d —- (Fla. 5th DCA 2015). The Fourth DCA affirms what appears to be an expedited termination of parental rights for medical neglect resulting in a child developing AIDS. C.S.…
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Florida Supreme Court accepts two dependency cases for review
Last week, the Florida Supreme Court accepted two dependency cases for review. I’ll write more on both later, but here is a quick overview: The first is O.I.C.L. v. Florida Department of Children and Families. This case involves a circuit split in how immigrant children are adjudicated dependent. Briefing should be complete by December 7, and…
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Fourth DCA splits kids of father who has two years left in jail
The Fourth DCA issued an opinion yesterday that troubles me. The case involves the father of three children. Because of the mother’s drug use, the oldest and youngest of his kids were placed with an aunt. The middle child was placed in foster care. Unsurprisingly, the father was able to maintain contact and a relationship with…
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Third DCA reverses judge on caregiver funds, caregivers still win
The Third DCA issued a reminder yesterday that dependency court judges can’t do just anything in the best interest of a child. The case involved DCF’s obligation to provide financial support to people who take custody of children they’re related to. This helps support kids in their families, instead of placing them out with strangers. This is…