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Category: Case Law Updates

  • Is Florida’s commitment of persons with developmental disabilities constitutional?

    That’s what the Eleventh Circuit is trying to figure out, and it’s asked for some clarification from the Florida Supreme Court in J.R. v. Hansen, 12-14212, 2013 WL 6223684 (11th Cir. 2013): Questions Certified 1) Does “support plan” review under Fla. Stat. § 393.0651 require the Agency for Persons with Disabilities to consider the propriety of a…

  • How to change your child’s name in Florida

    Want to change your child’s name? You need a better reason than the other parent named her and you don’t like that parent anymore. Wilson v. Smith, 2D11-3248, 2013 WL 5951704 (Fla. 2d DCA 2013).

  • Florida Recognizes Dual Maternity, Approves X.X.G. in the Process

    The Florida Supreme Court has released its decision in D.M.T. v. T.M.H. Recall that the case involved a lesbian couple who conceived through assisted reproductive technology, with TMH providing the egg and DMT giving birth to the child. The couple split and DMT left with the child, arguing on her way out the door and…

  • Free-range GALs — unlicensed practice of law by GAL not fundamental error

    Court: Florida Third DCA Judges: Lagoa, Fernandez, Schwartz Issue: Is it fundamental error to allow a GAL to question witnesses directly in a dissolution trial? Holding:  Even though GALs must participate only through counsel by statute, it’s not fundamental error if they don’t. The husband here did not object at trial and there was no…

  • Third DCA PCAs Everything

    The Third DCA has PCA’d the three last dependency-related oral arguments in a row. B.S. v. DCF – What findings are required for a single-parent TPR? “We think every issue is important” except maybe this one. E.D. v. DCF – What form must the dispo order take in a supplemental findings hearing? We’re not too…

  • Permanent Guardianship Reversal #6 and Admission is not a proper case plan task

    T.C. v. DCF and J.C. and GALP v. DCF, — So.3d —- (Fla. 2nd DCA) are Number Six. (see numbers 1, 2,  3 & 4, and 5). Also, you can’t require a parent to admit to abusing their child as a case plan task. See FSA 39.6011(1) (“A parent of a child may not be threatened or coerced with…

  • D.C. Court of Appeals: Adoptions Qualify for SIJ

    The holding is simple: adoptions are placements for Special Immigrant Juvenile Status purposes, says the DC Court of Appeals. I think in Florida we too often rely on the dependency system for SIJ where other, simpler options exist. Under District law, “[a]ny person may petition the court for a decree of adoption.” 6 D.C.Code §…

  • How to get attorneys fees in dependency cases

    When I read the news lately it seems obvious that we’re experiencing a pendulum swing towards more removals of children from their homes. (“Child protection” bill filing in 3…2…) I’ve spoken with folks around the juvenile courthouse and they’re already feeling the crunch: more hotline calls, more shelters, more cases. Does that lead to less…

  • New York: Child in child support proceeding not eligible for SIJ findings

    The New York Appellate Division has ruled that a child subject to child support proceedings is not sufficiently “dependent on a juvenile court” to allow a special immigrant juvenile best interest order to issue. The court reasons that child support proceedings are actually monetary suits between the parents, and create no jurisdiction over the child’s…

  • Third DCA: Parents are not parties to each other’s TPR cases

    The Third DCA issued the following very short opinion: The Appellant, A.D., as the father of Ke.Q., seeks to reverse the trial court’s final judgment terminating the parental rights of Ke.Q.’s mother. The Appellant argues that he was denied due process when the trial court refused to appoint counsel for him at the Mother’s termination…