Dependency Law Finder

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

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V.S. v. Department of Children & Families4D20-1833-2

Court
4th DCA
Decided
2021-08-04
Case
TPR
Appellant
Mother
County
Broward

Other Court certified to the Supreme Court whether the 2014 amendment dropping the sibling nexus requirement for egregious-conduct termination is unconstitutional.

Issue
TPR ground: egregious conduct

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
       DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
                              FOURTH DISTRICT
                             V.S., the Mother,
                                Appellant,
                                     v.
              DEPARTMENT OF CHILDREN AND FAMILIES
                    and GUARDIAN AD LITEM,
                           Appellees.
                              No. 4D20-1833
                             [August 4, 2021]
   Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alberto Ribas, Jr., Judge; L.T. Case No. 19-3330 CJ-DP.
   Albert W. Guffanti of Albert W. Guffanti, P.A., Miami, for appellant.
   Ashley Moody, Attorney General, Tallahassee, and Carolyn Schwarz, Assistant Attorney General, Office of the Attorney General, Children’s Legal Services, Fort Lauderdale, for appellee Department of Children and Families.
   Thomasina F. Moore, Statewide Director of Appeals, and Samantha Costas Valley, Senior Attorney of the Florida Statewide Guardian ad Litem Office, Tallahassee, for appellee Guardian ad Litem.
       ON MOTION TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE. PER CURIAM.
   We grant the motion to certify a question of great public importance. The constitutionality of the 2014 amendment to section 39.806(1)(f), Florida Statutes, affects fundamental parental interests. Before issuance of our opinion in this case, no court has directly addressed the constitutionality of the statute, although some have questioned it. See In Interest of C.M.H., 
288 So. 3d 722
, 724 n.4 (Fla. 2d DCA 2018); J.F. v. Dep’t of Child. & Fams., 
198 So. 3d 706, 707
 (Fla. 2d DCA 2016).

   The supreme court has discretionary jurisdiction to review decisions of the district courts which expressly declare a statute constitutional. Fla. R. App. P. 9.030(a)(2)(A)(i). The majority decision declares the amendment valid. In addition, we certify the following question to the supreme court:

      DOES THE 2014 AMENDMENT TO SECTION 39.806(1)(f),
      FLORIDA STATUTES, WHICH PROVIDES THAT NO PROOF
      OF NEXUS BETWEEN EGREGIOUS CONDUCT TOWARDS
      ONE CHILD IS REQUIRED TO TERMINATE THE PARENTAL
      RIGHTS OF THE CHILD’S SIBLINGS, UNCONSTITUTIONALLY
      REMOVE THE STATE’S BURDEN TO PROVE THAT THE
      EGREGIOUS CONDUCT POSES A SUBSTANTIAL RISK OF
      HARM TO EACH SIBLING AND IS THE LEAST RESTRICTIVE
      MEANS OF PROTECTING THE SIBLING(S) FROM SERIOUS
      HARM?

CONNER, C.J., WARNER and FORST, JJ., concur.

                           *         *        * 

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