Dependency Law Finder

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

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S.C. v. Department of Children & Families816 So. 2d 816 (Fla. 5th DCA 2002) · 5D01-3285

Court
5th DCA
Decided
2002-05-17
Case
Dependency
Appellant
Mother

Reversed & remanded Long-term custody order to grandparents vacated because it cited a repealed statute; the court must hold a new hearing under section 39.622.

Issues
Permanency goals other than reunification, Written findings & sufficiency of the order
Facts
Relative or grandparent caregiver
Law cited
§ 39.508(9)(a)5.a. · § 39.622

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

On CourtListener
PER CURIAM.

S.M., referred to as S.C. by the parties in the record, appeals the trial court’s order that granted long-term custody of A.C. and J.C., two of her minor children, to their paternal grandparents.

The order is dated October 9, 2001 and cites to “section 39.508(9)(a)5.a. (I)-(VIII), Florida Statutes (2000),” as authority for the action. That statute had been repealed and did not exist on October 9, 2001. Therefore, we vacate the “Order Establishing Long-Term Custodian Relationship” dated October 9, 2001 and remand for a new hearing.

Upon remand, the court shall review the current circumstances of the children and if reunification with the mother is unwarranted it may consider long-term custody *817pursuant to section 39.622, Florida Statutes (2001).

ORDER VACATED; REMANDED.

PETERSON, SAWAYA and ORFINGER, R. B., JJ., concur.

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