Dependency Law Finder

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

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

M.M. v. Department of Children & Family Services170 So. 3d 840 (Fla. 3d DCA 2015) · 3D14-2372

Court
3rd DCA
Decided
2015-07-01
Case
Dependency
Appellant
Father
County
Miami-Dade

Certiorari / writ granted Ending agency supervision upheld, but leaving the father's future contact solely to the children's discretion was quashed as barring his statutory right to seek modification.

Issues
Visitation & contact Certiorari / writ granted, Reunification Certiorari / writ denied, Right to be heard & hearing procedure Certiorari / writ denied, Certiorari: departure from the essential requirements of law Certiorari / writ granted

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
SHEPHERD, J.

M.M., the father of the two dependent children in this case, seeks review of an order terminating the Department of Children and Families’ supervision of the children on the basis that the children have achieved permanency with the mother. 1 We deny the petition insofar as it seeks to quash that portion of the trial court order terminating departmental supervision of the children. We grant the petition to the extent that the order limits the father’s ability to seek contact with his children in the future.

On the first point, the father argues the order denied him due process because departmental supervision was terminated without a motion. The father is incorrect. Florida Rule of Juvenile Procedure 8.345(b) states, “[A]ny party can request termination of agency supervision or the jurisdiction of the court by a written motion or in a written report to the court.” (emphasis added). In this case, the Department requested termination of supervision in the Judicial Review and Social Study Report filed with the court. The father’s attorney acknowledged receiving this report prior to the Judicial Review Hearing and never challenged the request for termination of supervision below. Thus, there is no departure from the essential requirements of law on this point.

On the second point, we reach a different result. It is axiomatic in dependency proceedings that “[t]he courts are charged with the duty of ensuring the best interests of the children are advanced.” B.Y. v. Dep’t of Children & Families, 887 So.2d 1253, 1256 (Fla.2004). It follows, a fortiori, that a trial court has discretion to restrict and even terminate a parent’s visitation rights when it is necessary to protect the welfare and best interest of the child. See F.E., 1 So.3d at 305. In this case, the dependency court denied the father visitation rights with his children at this time based upon expert testimony and reports which revealed that the children are in fear of the father and would suffer serious mental distress from any present contact with him. There is ample evidence in the record to support this decision.

We do agree with the father however, that the trial court departed from the essential requirements of law by restricting decisions concerning his future contact with his children solely to their discretion. Section 39.621(9) of the Florida Statutes affords the father the unqualified ability to return to the dependency court to seek modification or elimination of any court ordered restrictions on the father’s visitation rights. F.E., 1 So.3d at 306. Al *842 though the wishes of the children in this case, who are at or near their teenage years, may, as a practical matter, impact the father’s future contacts and relationship with them, the dependency court has a non-delegable duty to consider any motion, for modification or, for increased contact filed by the father in the future. Id.; see also § 39.621, Fla. Stat. (2014) (“If a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall hold a hearing....”). Accordingly, we quash the order of the trial court insofar as it limits the father’s ability to seek future contacts solely to the discretion of the children.

Petition granted in part, denied in part.

1

. There appears to be a conflict among the districts regarding the proper method for reviewing certain orders in dependency proceedings. See J.S. v. Fla. Dep't of Children & Families, 75 So.3d 808 (Fla. 1st DCA 2011); S.P. v. Fla. Dep’t of Children & Families, 17 So.3d 878 (Fla. 1st DCA 2009); R.M. v. Dep't of Children & Families, 19 So.3d 1029 (Fla. 5th DCA 2009); M.V.-B v. Dep’t of Children & Family Servs., 19 So.3d 381 (Fla. 2d DCA 2009); F.E. v. Dep’t of Children & Families, 1 So.3d 305 (Fla. 3d DCA 2009). Because an order terminating supervision does not necessarily end a dependency proceeding, see §§ 39.521, 39.621, Fla. Stat. (2014); Fla R. Juv. P. 8.345, and based on this court’s conclusion in F.E. that such an order is not appealable, we treat the father’s notice of appeal and initial brief as a petition for writ of certiorari.

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