Dependency Law Finder

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

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M.L.K. III v. Department of Children & Families1D2022-4158

Court
1st DCA
Decided
2024-12-04
Case
TPR
Appellant
Father
County
Leon

Affirmed Termination affirmed; section 92.55 allowed protective measures for a sexual offense victim's testimony, and confrontation rights do not apply in civil termination proceedings.

Issue
Evidence: child witnesses
Facts
Sexual abuse

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

Court's PDF On CourtListener
         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                        No. 1D2022-4158
                 _____________________________

M.L.K. III, father of M.L.K. and M.C.K., minor children,

    Appellant,

    v.

DEPARTMENT OF CHILDREN AND FAMILIES,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Leon County. Anthony B. Miller, Judge.

                        December 4, 2024


PER CURIAM.

     AFFIRMED. See § 92.55(2), Fla. Stat. (allowing a court, when testimony is sought from “a sexual offense victim or witness” to “enter any order necessary to protect the victim or witness in any judicial proceeding . . . from severe emotional harm or mental harm due to the presence of the defendant”); see also M.S. v. Dep’t of Child. & Fams., 
346 So. 3d 678
, 682 (Fla. 3d DCA 2022) (applying § 92.55, Fla. Stat., to a termination of parental rights proceeding); S.D. v. Dep’t of Child. & Fams., 
208 So. 3d 320, 322
(Fla. 3d DCA 2017) (holding that “dependency proceedings” including termination of parental rights “are civil in nature, not criminal, and the constitutional right to confront witnesses is not implicated in a civil dependency proceeding”).

LEWIS, BILBREY, and WINOKUR, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Thomas J. Butler of Thomas Butler, P.A., Miami Beach, for Appellant.

Sarah J. Rumph, Appellate Counsel, Children’s Legal Services, Tallahassee; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Mercy Almaguer, Senior Attorney, Appellate Division, Statewide Guardian ad Litem Office, Tallahassee, for Appellee. 

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