In Re Adoption of XX
Sep 10, 2017OUTCOME: Adoption successful
Single parent adoption.
Boca Raton, FL
Divorce and separation Lawyer at Boca Raton, FL
Practice Areas: Divorce & Separation, Family ... +3 more
OUTCOME: Adoption successful
Single parent adoption.
OUTCOME: Adopted
Same-sex adoption of twins.
OUTCOME: Adopted Successfully
Same-sex family adoption.
OUTCOME: Won Appeal
HOLDINGS: [1]-The appellate court was unable to undertake a meaningful review of a mother's challenge to the final order terminating her parental rights to her child because the final judgment lacke ... d the necessary factual findings and omitted key conclusions of law, § 39.809(5), Fla. Stat. (2013); the trial court concluded that the child services agency met its burden of establishing "the allegations set forth in the petition," which left the appellate court to speculate as to which of the multiple grounds for termination the trial court relied upon in terminating the mother's rights.
OUTCOME: Won Appeal
K.D. appeals the trial court's order for involuntary treatment for substance abuse.OnMay 21, 2015, K.D.'s father, J.R.D., petitioned under the Marchman Act1 for involuntary substance abuse assessmen ... t and stabilization for K.D. On the same day, the trial court granted the petition ex parte. On May 27, K.D. underwent a biopsychosocial assessment. On June 1, J.R.D. petitioned for K.D.'s involuntary substance abuse treatment. The trial court set the petition for hearing on June 16. After the hearing, the trial court entered its order for K.D.'s involuntary treatment for substance abuse. Section 397.6955, Florida Statutes (2015), provides that, upon filing of a petition for the involuntary treatment of a substance abuse impaired person, the trial court "shall schedule a hearing to be held on the petition within 10 days." Computing the time according to Florida Rule of Judicial Administration 2.514(a)(1), the last permissible day for the trial court to schedule a hearing after J.R.D. filed his petition on June 1 was June 11. However, the [*2] trial court held a hearing on the petition on June 16, 15 days later. Thus, because the trial court exceeded the statutory 10-day time limit and lacked jurisdiction over the petition, we reverse the resulting order.
OUTCOME: Won Appeal
[1]-Termination of parental rights (TPR) was proper as to one of a father's three children, § 39.806(1)(d), Fla. Stat. (2013), as the State showed that the child was thriving in his foster family's ... care and did not wish to see the father, who had been incarcerated; [2]-The foster parents wished to adopt the child and to deprive the child of this relationship would prevent him from achieving a permanent and stable home; [2]-TPRwas improper as to the other two children despite the father's incarceration, as the children resided in a stable home with the father's sister, their aunt, and while the children were bonded to the aunt and uncle, they still knew that the father was their father and had regular interaction with him; [3]-TPR was not in the manifest best interest of the other two children, because of the supportive role that the father continued to play in their lives.
OUTCOME: Won Appeal
[1]-While the adjudication of dependency as a whole was supported by competent substantial evidence, one paragraph in the findings consisted almost entirely of uncorroborated abuse reports that wer ... e never proven at trial, and thus was to be stricken; [2]-It was error under §§ 39.407(15) and (16) and 39.603(1)(f), Fla. Stat. and Fla. R. Juv. P. 8.250(b) to order the father to submit to random drug screens as part of his case plan, as there was no evidence that the father abused drugs, and the trial court's statement that drug testing was appropriate due to "the allegation of drug use all around" did not satisfy the "good cause" standard.
OUTCOME: Won Appeal
Appellant appeals an order from the dependency court placing his five children in permanent guardianship with their paternal aunt and terminating Department of Children and Families supervision. He ... argues that the court erred in denying his request for reunification. We agree and reverse.
OUTCOME: Won Appeal
Pursuant to Appellee's confession of error, the order on appeal Placing Children in a Permanent Guardianship and Terminating Protective Supervision, is reversed and remanded to the trial court for t ... he appropriate further proceedings.