Dependency Law Finder

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

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S.G. v. Department of Children & Families1D15-3430

Court
1st DCA
Decided
2015-11-01
Case
Dependency
Appellant
Mother
County
Duval

Reversed & remanded Dependency adjudication and case plan reversed on DCF's concession: the mother lacked notice that adjudication or disposition would occur at an arraignment she missed.

Issues
Notice & service of process, Default & consent by nonappearance
Law cited
§ 39.506(1)

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

Court's PDF On CourtListener
                                         IN THE DISTRICT COURT OF APPEAL
                                         FIRST DISTRICT, STATE OF FLORIDA S. G. mother of K. H., minor child,      NOT FINAL UNTIL TIME EXPIRES TO
                                         FILE MOTION FOR REHEARING AND
      Appellant,                         DISPOSITION THEREOF IF FILED. v.                                       CASE NO. 1D15-3430 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES,
     Appellee. _______________________________/ Opinion filed November 2, 2015. An appeal from the Circuit Court for Duval County. David M. Gooding, Judge. Robert W. Keep, Jr., Office of Criminal Conflict & Civil Regional Counsel, Region One, Jacksonville, for Appellant. Ward L. Metzger, Appellate Counsel, and Tricia L. Meisner, Managing Attorney, Children’s Legal Services, Jacksonville; Stephanie C. Zimmerman, Statewide Appeals Director, Children’s Legal Services, Bradenton, for Appellee. David P. Krupski, Appellate Counsel, Guardian ad Litem Program, Sanford.


PER CURIAM.
      S.G. appeals an order adjudicating her child dependent and requiring her to comply with a case plan. At the arraignment hearing, the lower tribunal entered a consent by default for the mother, finding she was properly noticed of the arraignment hearing but failed to appear. On appeal, S.G. argues the lower tribunal denied her due process when it ordered her to comply with a case plan at the arraignment hearing without providing notice that adjudication or disposition of the petition would occur. We accept the Department of Children and Families’ concession of error on this point, and reverse and remand for further proceedings consistent with Chapter 39, Florida Statutes. See J.H. v. Dep’t of Children & Families, 
890 So. 2d 476
 (Fla. 5th DCA 2004); see also Dep’t of Children & Families v. T.S., 
154 So. 3d 1223, 1226
 (Fla. 4th DCA 2015) (“An arraignment provides the opportunity ‘for the parent or legal custodian to admit, deny, or consent to findings of dependency alleged in the petition.’ § 39.506(1)-(2), Fla. Stat. (2014). Depending on the parents’ response, a disposition hearing will be held within fifteen or thirty days of the arraignment hearing. Id.”). Because this issue is dispositive, we do not address the second issue S.G. raises on appeal. BENTON, RAY, and OSTERHAUS, JJ., CONCUR. 

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