Dependency Law Finder

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

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J.M. v. Department of Children & Family Services136 So. 3d 1271 (Fla. 2d DCA 2014) · 2D13-5345

Court
2nd DCA
Decided
2014-04-23
Case
Dependency
Appellant
Both parents

Certiorari / writ granted Certiorari granted in part, quashing case plan requirement of substance abuse evaluations because nothing showed they were relevant to the dependency.

Issues
Disposition, case plan & reasonable efforts, Certiorari: departure from the essential requirements of law
Law cited
§ 39.6011(2)(a) · § 39.6013 · Rule 8.420

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

On CourtListener
BLACK, Judge.

J.M., the Father, and D.B., the Mother, petitioned this court for a writ of certiorari to quash the disposition order that accepted the case plan requiring each to submit to a psychiatric evaluation1 and a substance abuse evaluation. The trial court departed from the essential requirements of the law because nothing in the record indicates that a substance abuse evaluation is relevant to the dependency or that it would meaningfully address the facts and circumstances which resulted in the children’s removal from the home. See, e.g., §§ 39.6011(2)(a), .6012(l)(a), .603(l)(f), Fla. Stat. (2013); C.T. v. Dep’t of Children & Family Servs., 84 So.3d 1231 (Fla. 2d DCA 2012). As such, we grant the petition for writ of certiorari in part, quashing the disposition order to the extent that it requires the Father and the Mother to submit to substance abuse evaluations as part of the case plan. We note that the case plan may of course be amended pursuant to section 39.6013 and Florida Rule of Juvenile Procedure 8.420 should the need arise.

Petition granted in part; order quashed in part.

DAVIS, C.J., and CRENSHAW, J., Concur.

. Since the Father and the Mother did not object to the psychiatric evaluations at the hearing, this issue has not been preserved. We also note that after the petition was filed, the Father and the Mother underwent psychiatric evaluations.

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