Dependency Law Finder

1. E.D. v. Department of Children & Family Services 932 So. 2d 307 · 2D05-1049 · 2nd DCA 2006

   Affirmed This opinion cites § 39.622 13 times, the section generally

   Long-term custody with the aunt and uncle after the father's death affirmed; no new case plan was required, and the mother may petition for return.

   …the Department of Children and Families’ supervision. We affirm without prejudice to E.D.’s right to seek custody by a proper motion filed pursuant to section 39.622(4), Florida Statutes (2005). In 2001, the Department sheltered E.D.’s three children because she suffered from a substance abuse problem, and the children had…

2. C.W. v. Department of Children & Families 944 So. 2d 481 · 5D05-3656 · 5th DCA 2006

   Affirmed in part, reversed in part This opinion cites § 39.622 11 times, the section generally

   · cited by 1 in all courts

   Finding that reunification was not in the child's interest was affirmed, but long-term relative custody was reversed for failure to meet the statutory conditions.

   …child, but reverse the order of long-term placement and termination of DCF supervision for failure to comply with all of the conditions set forth in section 39.622, Florida Statutes (2005). M.W. was one year old when DCF sheltered her, alleging dependency because her parents had inflicted or created a risk of…

3. C.F. v. Department of Children & Families 822 So. 2d 571 · 5D02-412 · 5th DCA 2002

   Reversed & remanded This opinion cites § 39.622 5 times, the section generally

   · cited by 4 in all courts

   Long-term custody order reversed because the case plan goal remained reunification, the plan was never validly amended, and the review misjudged the mother's compliance.

   …Procedure 9.146. She argues that the trial court erred in ordering long term placement because it failed to follow the procedural requirements of section 39.622, Florida Statutes. We agree and reverse. *572 The children were sheltered on January 4, 2001, due to the mother's alleged abandonment of them. The…

4. J.M. v. Department of Children & Families 969 So. 2d 491 · 5D07-2156 · 5th DCA 2007

   Affirmed This opinion cites § 39.622 3 times, the section generally

   · cited by 3 in all courts

   Denial of the mother's motion to reopen and reunify affirmed because she alleged no facts showing the abusive stepfather was no longer a threat.

   …an order of permanency. § 39.621(2)(d), Fla. Stat. (2007). See In re K.M., 946 So.2d 1214 (Fla. 2d DCA 2006). Prior to July 1, 2006, section 39.622(4), Florida Statutes, governed a parent's request to regain custody of a child placed in long-term relative care. That section required the parent to (1)…

5. B.L. v. Department of Children & Families 950 So. 2d 1264 · 5D06-1228 · 5th DCA 2007

   Reversed & remanded This opinion cites § 39.622 3 times, the section generally

   · cited by 11 in all courts

   Long-term relative placement reversed because the court applied mere case plan completion rather than the statutory substantial compliance standard.

   …determined that *1266 reunification with either parent is inappropriate, the court must make a permanency determination for the child. § 39.621(1). Section 39.622, Florida Statutes, provides in pertinent part: When the parents have either consented to long-term custody, had their parental rights terminated, or failed…

6. In re K.M. 946 So. 2d 1214 · 2D06-713 · 2nd DCA 2006

   Reversed & remanded This opinion cites § 39.622 3 times, the section generally

   · cited by 3 in all courts

   Order giving long-term custody to the grandmother is appealable and was reversed because the court did not apply the nonoffending-parent placement statute or find endangerment.

   …such as guardianship pursuant to chapter 744, Florida Statutes, long-term custody, long-term licensed custody, and independent living. § 39.621(3). Section 39.622 permits permanency through long-term custody with an adult relative or other adult approved by the court. Long-term custody is approved when the parents have…

7. C.H. v. Department of Children & Families 874 So. 2d 24 · 5D03-2698 · 5th DCA 2004

   Affirmed in part, reversed in part This opinion cites § 39.622 2 times, the section generally

   Long-term custody with the stepmother affirmed, but terms barring the mother's custody petition and setting further judicial reviews were struck as contrary to the statute.

   …with a case plan or the remedy of the reasons for removal will not, standing alone, be sufficient grounds to disturb this long-term custody. Section 39.622, Florida Statutes (2002), deals with the placement of a child in the long-term custody of an adult relative, or other adult approved by the court who has had…

8. Cleveland v. Department of Children & Families 868 So. 2d 1227 · 1D03-1744 · 1st DCA 2004

   This opinion cites § 39.622 2 times, the section generally

   · cited by 4 in all courts

   …court whenever the court determines that permanency has been achieved.... The termination of supervision may be with or without retaining jurisdiction[.]"); § 39.622(9), Fla. Stat. (2002) ("The court shall discontinue regular judicial-review hearings and may relieve the department of the responsibility for supervising the…

9. L.F. v. Department of Children & Family Services 837 So. 2d 1098 · 4D01-4152 · 4th DCA 2003

   Reversed & remanded This opinion cites § 39.622 2 times, the section generally

   · cited by 2 in all courts

   Order leaving both children in the father's permanent custody reversed because a stepfather is not a parent or relative and no noncompliance was found.

   …statute requires that the parent fail to substantially comply with a case plan before the court can consider long-term custody with a non-relative. See § 39.622, Fla. Stat. (2002). Here, the court made no finding that the mother failed to substantially comply with the case plan. The statute also requires the…

10. L.L.C. v. Department of Children & Families 790 So. 2d 1239 · 5D00-3454 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.622 2 times, the section generally

    · cited by 7 in all courts

    Long-term relative placement reversed as too drastic after the mother completed her plan; court must extend the case plan toward possible reunification.

    …it could not return the children to her. The court also felt it was out of time to allow a revision of the case plan. L.L.C. argues that pursuant to section 39.622(1), the court did not have the option of disposing of this case by a permanency determination. The statute gives the court that option when "the parents have…

11. P.R. v. Department of Children & Families 936 So. 2d 754 · 4D05-4834 · 4th DCA 2006

    Reversed & remanded This opinion cites § 39.622 1 time, the section generally

    · cited by 2 in all courts

    Order ending supervision with relatives' long-term custody reversed: DCF filed no required case plan, the mother got no amended plan, and custodians' powers were omitted.

    …unless DCF has submitted a case plan that "describe[s] the responsibilities of the relative" and "does not include reunification with the parents." See § 39.622(1)-(2), Fla. Stat. (2005). Further, pursuant to section 39.601(9)(f), when the trial court amends a case plan, "[a] copy of the amended plan must be immediately…

12. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

    Reversed & remanded This opinion cites § 39.622 1 time, the section generally

    · cited by 6 in all courts

    Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

    …Fla. Stat. (2003). On June 7, 2004, the children were committed by court order to the Department's permanent custody for purposes of adoption. See §§ 39.622 & 39.812, Fla. Stat. (2004). In mid-2004, the Georgia Department voiced "many concerns" about the children's safety and welfare, supported by specific written…

13. Morcroft v. Department of Children & Families 929 So. 2d 51 · 5D05-2804 · 5th DCA 2006

    Affirmed This opinion cites § 39.622 1 time, the section generally

    Dependency against the custodian affirmed: the court had jurisdiction despite the foreign mother not being joined, though DCF must address the child's immigration status.

    …1253 (Fla.2004); see also § 39.01(41), Fla. Stat. (2005) (long-term custody arrangements involve an analysis of the best interests of the minor child); § 39.622, Fla. Stat. (2005) (statutory conditions for long-term custody arrangements). AFFIRMED. ORFINGER and LAWSON, JJ„ concur. . Although the parties refer…

14. J.H. v. Department of Children & Families 924 So. 2d 965 · 4D05-3430 · 4th DCA 2006

    Reversed & remanded This opinion cites § 39.622 1 time, the section generally

    · cited by 1 in all courts

    Order closing the case with the child placed with an aunt reversed: the six-month custody period was unmet and supervision was only conditionally terminated.

    …recommendation—case is closed over father's objection." First, the child had not been in the aunt's custody for the required six months pursuant to section 39.622(9), Florida Statutes. Therefore, the court could not terminate protective supervision when it did. Second, it does not appear that the order in fact terminated…

15. E.S. v. Department of Children & Families 856 So. 2d 1093 · 1D03-0293 · 1st DCA 2003

    Affirmed This opinion cites § 39.622 1 time, the section generally

    · cited by 1 in all courts

    Dependency and egregious-conduct findings affirmed, as was the ruling that termination was not in the children's best interests; the mother may seek custody later.

    …party to the proceeding, may petition for a return of the children, who have been placed in the long-term custody of relatives, to the mother’s custody. § 39.622(4), Fla. Stat. (2001). The re-establishment of any custodial privileges will require proof by the mother of a material change in circumstances, as well as proof…

16. B.D.E. v. Department of Children & Families 829 So. 2d 359 · 1D02-0563 · 1st DCA 2002

    Affirmed This opinion cites § 39.622 1 time, the section generally

    · cited by 7 in all courts

    Order leaving the disabled child in the grandmother's long-term custody affirmed; despite the mother's case-plan compliance, return would be detrimental to the child.

    …the mother's motion for return of custody, and continuing F.E.'s placement in the long-term custody of his paternal grandmother, this time pursuant to section 39.622, Florida Statutes (2001). Despite earlier approval of the mediation agreement stipulating to the contrary, the trial court found that B.D.E. did not…

17. C.T. v. Department of Children & Families 820 So. 2d 450 · CL7810930 · District Court of Appeal 2002

    This opinion cites § 39.622 1 time, the section generally

    · cited by 1 in all courts

    PER CURIAM. The order placing the child in long-term custody of the maternal grandmother is REVERSED. See § 39.622, Fla. Stat. (2001). THOMPSON, C.J, SHARP, W. and PALMER, JJ." concur.

18. Department of Children & Families v. H.W.W. 816 So. 2d 1249 · 5D01-2347 · 5th DCA 2002

    Reversed This opinion cites § 39.622 1 time, the section generally

    Order naming a relative caregiver, entered after an unnoticed, unrecorded chambers meeting without a hearing or notice to the parents, was vacated.

    …supervision of the department pursuant to s. 39.521(l)(b)3., or court-ordered placement in the home of a relative as a permanency option pursuant to s. 39.622. The Relative Caregiver Program shall offer financial assistance to caregivers who are relatives and who would be unable to serve in that capacity without the…

19. S.C. v. Department of Children & Families 816 So. 2d 816 · 5D01-3285 · 5th DCA 2002

    Reversed & remanded This opinion cites § 39.622 1 time, the section generally

    Long-term custody order to grandparents vacated because it cited a repealed statute; the court must hold a new hearing under section 39.622.

    …the current circumstances of the children and if reunification with the mother is unwarranted it may consider long-term custody *817 pursuant to section 39.622, Florida Statutes (2001). ORDER VACATED; REMANDED. PETERSON, SAWAYA and ORFINGER, R. B., JJ., concur.

20. In re J.C. 805 So. 2d 1094 · 2D01-2198 · 2nd DCA 2002

    Affirmed in part, reversed in part This opinion cites § 39.622 1 time, the section generally

    · cited by 1 in all courts

    Long-term relative placement affirmed, but the order barring all contact between the mother and children was an abuse of discretion and reversed.

    …placement, the record does not support that portion of the placement order that denied A.L. all future contact with her children. [2] Although both section 39.622(4), Florida Statutes (1999), and the trial court's order itself clearly provide that such a permanency placement does not preclude A.L. from subsequently seeking…

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