Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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A.M. v. Department of Children & Families118 So. 3d 998 (Fla. 1st DCA 2013) · 1D13-618

Court
1st DCA
Decided
2013-08-19
Case
Dependency
Appellant
Mother

Affirmed Judicial review order affirmed because the record showed no motion for reunification and the mother did not preserve claimed deficiencies in statutory findings.

Issues
Reunification, Preservation & fundamental error
Law cited
§ 39.621(9)

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

A.M. appeals a judicial review hearing order involving her two children who were adjudicated dependent in 2008, and reached permanency in 2012. Her appeal claims among other things that the court’s order incorrectly denied a motion for reunification and failed to make adequate statutory findings. There is no record indication, however, that A.M. actually moved for reunification. Neither a motion for reunification, nor an order deciding a motion for reunification appears in the record. Furthermore, the record of the December 2012 hearing — which gave rise to the order that A.M. appeals here — does *999not indicate that A.M. supported a motion for reunification with the statutorily required “demonstrat[ion] that the safety, well-being, and physical, mental, and emotional health of the child[ren are] not endangered by the modification.” § 39.621(9), Fla. Stat. Finally, if statutory deficiencies existed in the trial court’s order, Appellant needed to preserve these issues “by a motion for rehearing or ... [by otherwise bringing] the claimed deficiency to the attention of the trial court at a point when it could have been corrected.” D.T. v. Fla. Dep’t of Children & Families, 54 So.3d 632, 633 (Fla. 1st DCA 2011).

We find no merit in Appellant’s other arguments and therefore affirm the trial court.

LEWIS, C.J., MARSTILLER, and OSTERHAUS, JJ„ concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.