Dependency Law Finder

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

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K.K. v. Department of Children & Family Services86 So. 3d 1193 (Fla. 2d DCA 2012) · 2D12-1033

Court
2nd DCA
Decided
2012-04-27
Case
TPR
Appellant
Mother

Certiorari / writ granted Certiorari granted in part; the order for a psychological evaluation was quashed for failing to specify time, place, manner and scope as rule 8.250(b) requires.

Issues
Discovery, subpoenas & compelled examinations, Certiorari: departure from the essential requirements of law
Law cited
§ 39.407(15) · Rule 8.250(b)

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

On CourtListener
WALLACE, Judge.

K.K., the Mother, petitions for certiorari review of an order requiring her to submit to a psychological evaluation under section 39.407(15), Florida Statutes (2011), and Florida Rule of Juvenile Procedure 8.250(b) in the context of expedited pro*1194ceedings to terminate her parental rights to A.S and M.S. We grant the Mother’s petition in part and quash the order to the extent that it fails to “specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made” as required by rule 8.250(b). We remand for the circuit court to enter an amended order that complies with rule 8.250(b). See D.C. v. Dep’t of Children & Families, 966 So.2d 1032, 1033 (Fla. 4th DCA 2007).

The Mother’s remaining arguments are without merit and do not warrant discussion. Accordingly, we deny the Mother’s petition in all other respects.

Granted in part and denied in part.

ALTENBERND and WHATLEY, JJ„ Concur.

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