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

D.M. v. Department of Children & Families31 So. 3d 945 (Fla. 5th DCA 2010) · 5D09-3608

Court
5th DCA
Decided
2010-04-08
Case
TPR
Appellant
Mother

Reversed & remanded Termination reversed because DCF offered no proof of a putative father registry search or certificate for the unidentified father, as section 39.803 requires.

Issues
Notice & service of process, Paternity & who is a parent
Law cited
§ 39.803

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

On CourtListener
PER CURIAM.

D.M. [“Mother”] appeals a final order terminating her parental rights to K.P. Mother asserts that the trial court failed to comply with section 39.803, Florida Statutes (2009), and the Department of Children and Families [“DCF”] failed to offer competent proof to support the trial court’s findings. DCF offered testimony *946 of a case worker that the mother never identified the father and that DCF had made a request to determine whether anyone had registered with the Putative Father Registry, but no response or certificate had yet been received. This may have been considered a formality under the circumstances of the case and it may turn out to be a formality, but it is a formality that must be observed. Otherwise, there is a risk of unnecessary judicial labor and delay in permanent placement of the child. Cf. In the Interest of E.D., 884 So.2d 291 (Fla. 2d DCA 2004).

REVERSED and REMANDED.

GRIFFIN, PALMER and JACOBUS, JJ., concur.

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