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

N.R. v. Department of Children & Families42 So. 3d 940 (Fla. 5th DCA 2010) · 5D10-804

Court
5th DCA
Decided
2010-08-30
On CourtListener
PER CURIAM.

N.R. petitions for a writ of certiorari to review a nonfinal order denying her motion for reunification with D.R., a dependent child. We deny the writ.

N.R. argues that the Department of Children and Families did not introduce competent, substantial evidence to overcome the presumption that the child should be reunited with the parents once they substantially complied with their case plan. This argument is without merit.

N.R. also argues the order fails to enumerate the factors required for such orders under Florida law. The order is not a model of clarity; indeed, both the Department and the Guardian ad Litem concede the order lacks the requisite findings. Contrary to N.R.’s position, the remedy would be to remand the case to the trial court for entry of an amended order. See T.S. v. Dep’t of Health & Rehabilitative Servs., 471 So.2d 543 (Fla. 1st DCA 1985). However, despite the confession of error, it is not entirely clear that the order, while deficient in some respects, does not pass muster. Given the limited scope of review on certiorari, after considering the arguments carefully, we deny the petition.

DENIED.

SAWAYA, ORFINGER and COHEN, JJ., concur.

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