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

Department of Children & Families v. J.H.831 So. 2d 782 (Fla. 4th DCA 2002) · 4D02-2744

Court
4th DCA
Decided
2002-12-04
Case
Dependency
Appellant
DCF

Certiorari / writ granted Certiorari granted quashing an order forcing DCF to fund long-term therapy by a named therapist; it ignored funding issues and DCF was not refusing treatment.

Issues
Child's medical & mental-health care, Certiorari: departure from the essential requirements of law
Facts
Child's behavioral or mental-health needs

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

On CourtListener
831 So.2d 782 (2002)

DEPARTMENT OF CHILDREN AND FAMILIES, Petitioner,
v.
J.H., Respondent.

No. 4D02-2744.

District Court of Appeal of Florida, Fourth District.

December 4, 2002.

*783 Richard E. Doran, Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, Ft. Lauderdale, for petitioner.

Karen E. Black-Barron, Ft. Lauderdale, for respondent.

PER CURIAM.

The Department of Children and Families (DCF) seeks review of an order requiring it to commit to, and to provide funding to pay for therapy and any and all necessary evaluations for a dependent child. The order provides further that therapy must be provided by a specific therapist, and that it must be provided on a long term basis. We treat the appeal as a request for certiorari review and grant relief. Dep't of Children & Families v. Anderson, 27 Fla. L. Weekly D2313, ___ So.2d ___, 2002 WL 31375079 (Fla. 4th DCA Oct.23, 2002).

Though well intended, the trial court's order ignores DCF's funding issues, which were detailed at the hearing. See In re L.W., 615 So.2d 834 (Fla. 4th DCA 1993); Dep't of Juvenile Justice v. C.M., 704 So.2d 1123 (Fla. 4th DCA 1998); see also Dep't of Health & Rehabilitative Servs. v. State, 616 So.2d 91 (Fla. 5th DCA 1993). We reject respondent's position that this case warrants exercise of the "doctrine of inherent judicial power." See Rose v. Palm Beach County, 361 So.2d 135 (Fla. 1978).

Our review of the record reflects that DCF was not refusing to fund the requested treatment. At the June 2002 hearing, DCF guaranteed funding through July 1st. DCF could not provide such guarantee for the following fiscal year, but assured the court that there was a 99% probability that the funding would continue after July 1st.

Accordingly, we grant relief and remand the case for further proceedings consistent with this opinion.

WARNER, SHAHOOD and HAZOURI, JJ., concur.

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