Dependency Law Finder

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

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L.C. v. Department of Children & Families3D20-0102

Court
3rd DCA
Decided
2020-03-04
Case
Dependency
Appellant
Mother
County
Miami-Dade

Certiorari / writ denied Certiorari denied against an order changing the case plan goal; courts may change the goal when the parent fails to comply and permanency requires.

Issues
Permanency goals other than reunification, Disposition, case plan & reasonable efforts, Certiorari: departure from the essential requirements of law
Law cited
§ 39.522(2) (now § 39.522(4)) · § 39.6011(2)(d)

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
       Third District Court of Appeal
                               State of Florida
                           Opinion filed March 4, 2020.
         Not final until disposition of timely filed motion for rehearing.
                               ________________
                               No. 3D20-0102
                         Lower Tribunal No. 18-15287
                            ________________

                             L.C., The Mother,
                                    Petitioner,
                                        vs.
             Department of Children and Families, et al.,
                                  Respondents.

     On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Jason E. Dimitris, Judge.
     Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region and Kevin Coyle Colbert, Assistant Regional Counsel, for petitioner.
      Karla Perkins, for Department of Children and Families; Laura J. Lee, and Thomasina F. Moore, for Guardian ad Litem Program (Tallahassee), for respondents.

Before SALTER, HENDON and LOBREE, JJ.
      PER CURIAM.
      L.C., the Mother of two-year-old L.C.A., petitions for a writ of certiorari quashing an order on judicial review and permanency review and an order approving a modified case plan, each entered December 12, 2019.1 L.C.A. was adjudicated dependent in July 2018.
      We deny the petition, based on: (a) the record before us; (b) sections 39.522(2) (reunification must not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health), and 39.6011(2)(d) (twelve-month timeframe for compliance with the case plan), Florida Statutes (2019); and (c) M.I. v. Dep’t of Children & Families, 
45 So. 3d 878, 882
 (Fla. 4th DCA 2010):

      The facts of this case clearly exemplify the policy reasons behind the
      court’s authority to amend the case plan goal at any time. The case plan
      is for the benefit of the child and the goal is permanency. When a
      parent’s performance demonstrates not only failure to comply with a
      case plan, but also that the child’s needs are best served by a change in
      goal, the trial court must have discretion to amend the goal to meet the
      needs of the child. To do less would put the interest of the parent ahead
      of the child.

      Petition denied.




  L.C.A.’s Father, F.C.A., also objected to the orders sought to be quashed; his separate petition for certiorari is pending in this Court as Case No. 3D20-0087. 

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