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.W. v. Department of Children & Families249 So. 3d 764 (Fla. 2d DCA 2018) · 2D17-5088

Court
2nd DCA
Decided
2018-06-20
Case
Dependency
Appellant
Father
County
Hillsborough

Reversed & remanded Order ending supervision and reunifying the child with the mother reversed on the Department's concession that the court did not follow sections 39.521 and 39.522.

Issues
Reunification, Written findings & sufficiency of the order
Law cited
§ 39.521(7)

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
              NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
                     MOTION AND, IF FILED, DETERMINED
                                             IN THE DISTRICT COURT OF APPEAL
                                             OF FLORIDA
                                             SECOND DISTRICT In the Interest of S.E., a child.  ) ___________________________________)
                                   ) J.W.,                              )
                                   )
               Appellant,          )
                                   ) v.                                 )                Case No. 2D17-5088
                                   ) DEPARTMENT OF CHILDREN AND         ) FAMILIES and GUARDIAN AD           ) LITEM PROGRAM,                     )
                                   )
               Appellees.          ) ___________________________________) Opinion filed June 20, 2018. Appeal from the Circuit Court for Hillsborough County; Caroline Tesche Arkin, Judge. Ita M. Neymotin, Regional Counsel, Second District, Fort Myers, and Marisa L. Gonzalez, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, Mary Soorus, Assistant Attorney General, Tampa, for Appellee Department of Children and Families. Thomasina F. Moore, Statewide Director of Appeals, and Laura J. Lee, Appellate Counsel, Sanford; and J. Logan Murphy of Hill Ward Henderson, Tampa, for Appellee Guardian ad Litem Program.

PER CURIAM.
              J.W., the father, appeals from the circuit court's amended order terminating protective services and jurisdiction, reunifying the child with the mother, and denying a motion for rehearing. He raises two issues on appeal. The Department of Children and Families (the Department) concedes error as to both issues, and the Guardian ad Litem Program (GALP) concedes error as to the first issue. We accept the Department's and the GALP's concessions of error to the extent they acknowledge that the circuit court failed to comply with the requirements of section 39.521(7), Florida Statutes (2017). We therefore reverse and remand the portion of the order that terminates the Department's supervision and the circuit court's jurisdiction.
              Furthermore, in ordering reunification of the mother with the child, the circuit court failed to comply with the requirements of section 39.522.1 Thus, we also reverse the portion of the order granting reunification. We remind the circuit court that on remand it must comply with all the requirements of chapter 39.
              Reversed and remanded for further proceedings.

KELLY, CRENSHAW, and BLACK, JJ., Concur.


              1We note that the circuit court sua sponte ordered reunification of the mother with the child and that the issue of reunification was not before it at the time it did so. Because none of the parties have raised the issue of whether this was appropriate, we need not make that determination.
                                            -2- 

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