DEPARTMENT OF CHILDREN AND FAMILIES, STATE OF FLORIDA, PETITIONER,
v.
JERRY ANDERSON, KELVIN JORDAN, HERBERT COAKLEY, EDWARD GIOBERTI, AND CLINTON JENKINS, RESPONDENTS
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The Fourth District Court of Appeal granted a motion for rehearing, withdrew its previous opinion, and remanded for the trial court to set fresh compliance dates for immediate placement orders and hold an evidentiary hearing on DCF's ability to comply with those orders.
Upon remand, the trial court must set fresh compliance dates for immediate placement orders and, if DCF claims inability to comply due to budgetary or statutory constraints, must hold an evidentiary hearing with all parties to determine DCF's actual ability to comply before fashioning appropriate relief.
[1] When a trial court orders immediate placement and the responsible agency claims inability to comply due to budgetary or statutory constraints, the trial court must hold a…
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Join FLexlaw to unlock all legal intelligenceThe Department of Children and Families (DCF) was subject to trial court orders requiring immediate placement of respondents. DCF potentially faced bu…
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On Motion Fob Rehearing
FARMER, J.
We hereby grant Respondents’ motions for rehearing, withdraw our previous opinion, and upon reconsideration temporarily and partially leave undisturbed the orders under review.
Upon remand, we direct the trial judge to enter new orders setting fresh dates for compliance with the orders requiring immediate placement. In the event that Petitioner, the Department of Children and Families (DCF), shall thereafter assert that it is unable to comply with such orders under current budgeting and statutory restraints, the trial court shall hold an evidentiary hearing at which all parties, including the Sheriff of Broward County, shall be given the opportunity to present evidence addressing whether DCF does in fact have the ability to comply with such orders.
The trial court shall thereupon make specific findings of fact and conclusions of law as to the issue of DCF’s ability to comply with the immediate placement orders. The trial court may then make such orders as it deems appropriate, consistent with its findings and conclusions, regarding the immediate placement of respondents and the enforcement of its orders. Any party may thereafter timely seek appropriate review in this court.
STONE and GROSS, JJ., concur.