Dependency Law Finder

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

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B.R. v. Department of Children & Families106 So. 3d 512 (Fla. 5th DCA 2013) · 5D12-4144

Court
5th DCA
Decided
2013-02-05
Case
Dependency
Appellant
Father

Reversed Permanent guardianship order reversed on concession because the department did not serve the required social services report before the permanency hearing.

Issues
Permanency goals other than reunification, Notice & service of process
Law cited
§ 39.621(3)(a) (now § 39.621(4)(a))

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

On CourtListener
PER CURIAM.

The father, B.R., appeals from an order placing his child, N.R., in permanent guardianship. Based upon the State’s proper concession of error, we reverse.

Section 39.621(3)(a), Florida Statutes (2011), requires the Department to file and serve, at least three business days before the permanency hearing, a judicial review social services report which includes a recommended permanency goal and an explanation as to why such a recommendation is in the best interest of the child. The State concedes no such notice was provided. Cf. In re KM., 86 So.3d 556, 560 (Fla. 2d DCA 2012) (reversing where Department of Children and Family Services did not provide mother with proper notice of permanency hearing).

REVERSED.

TORPY, COHEN and JACOBUS, JJ., concur.

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