DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
IN THE INTEREST OF M.W., APPELLEE
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The Department of Health and Rehabilitative Services appealed a juvenile court order granting legal custody of M.W. to her parents in Texas, but the appellate court affirmed because the evidence supported that the parents were rehabilitated and the child no longer required state supervision, thereby dissolving the dependency status and mooting the Interstate Compact violation claim.
When a juvenile court grants legal custody to parents based on competent evidence of rehabilitation, it does not abuse its discretion, and such an order dissolves the child's dependency status, removing the case from Interstate Compact requirements.
[1] When a juvenile court grants legal custody to parents based on evidence of rehabilitation, the resulting dissolution of the child's dependency status removes the case fro…
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Join FLexlaw to unlock all legal intelligenceM.W. was a dependent child under Florida's jurisdiction. The Juvenile Court granted legal custody of M.W. to her parents in Texas without obtaining Te…
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WIGGINTON, Judge.
In this appeal, the Department of Health and Rehabilitative Services raises two issues: (1) whether the Juvenile Court violated the Interstate Compact on the Placement of Children, Article III(d), Section 409.401, Florida Statutes (1981), when it granted physical custody of M.W. to her parents in Texas, without Texas’ consent; and (2) whether the Juvenile Court abused its discretion by returning legal custody of M.W. to her parents in Texas. Although we affirm the Juvenile Court, we do so on the basis of the second issue, which determination necessarily moots the first issue.
When the court granted legal custody to the parents, we cannot in good faith say it abused its discretion, as there was competent record evidence that M.W.’s parents were rehabilitated to the point that the child no longer required supervision and protection under Section 39.40, et seq., Florida Statutes (1981). However, by granting legal custody, the court in effect entered an order dissolving M.W.’s dependency status, as is its prerogative by virtue of Section 39.41(6)(a). It follows, therefore, that M.W.’s case was removed from the proscriptions of the Interstate Compact as the child was no longer one “requiring placement” for its protection. See Article 1(a) and (b). Thus, whether the court erred in placing M.W. in the physical custody of her parents without Texas’s consent, contra to Article 111(d), is no longer a viable issue. The final order of the Juvenile Court granting the parents of M.W. legal custody is hereby AFFIRMED.
SHAW and JOANOS, JJ., concur.
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State v. L.G. and L.G., 801 So. 2d 1047 (Fla. 1st DCA 2001)…cement” as defined by the regulations. See Reg. 1 of the Administrators of the ICPC. V. Only because the circuit court ordered continued supervision have we reached the question left unanswered in Dep’t of Health and Rehabilitative Servs. v. M.W., 424 So. 2d 56, 57 (Fla. 1st DCA 1982). Under the circuit court’s order, the Department is obliged to provide continued supervision, M.G.’s move to Georgia notwithstanding. How it does so is within the Department’s discretion to decide, in the first instance.3 If…
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Dep't of Health & Rehabilitative Servs. v. Carmella Walls and Jerry Walls, 503 So. 2d 983 (Fla. 5th DCA 1987)…cit finding that the child was not dependent. This findings is supported by the record and justified the dismissal of the dependency proceeding under section 39.-409(1), Florida Statutes. See Department of Health and Rehabilitative Services v. M.W., 424 So. 2d 56 (Fla. 1st DCA 1982); [*984] State ex rel. Watson v. Rogers, 86 So. 2d 645 (Fla.1956). AFFIRMED. UPCHURCH, C.J., and COBB, J., concur.…
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