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

Cashion v. Department of Health & Rehabilitative Services630 So. 2d 1244 (Fla. Dist. Ct. App. 1994) · DCA93-2431

Court
District Court of Appeal
Decided
1994-02-01
On CourtListener
PER CURIAM.

James and Caroline Cashion appeal an order dismissing their petition for termination of parental rights with prejudice. We agree with so much of the order as finds that the petition is premature, because there had been no adjudication of dependency. An adjudication of dependency is a required element for a termination of parental rights, § 39.467(3)(a), Fla.Stat. (1993). The dismissal, however, should have been without prejudice'

We disagree with so much of the order as finds the appellants lacked standing to file the petition. The petition was verified and facially demonstrated that the appellants met the statutory test, i.e., they were “any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.461(1), Fla.Stat. (1993).

We modify the order by striking so much of the dismissal as holds that it is with prejudice, and strike the determination that the appellants are without standing.

Affirmed as modified.

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