J.M., MOTHER OF J.W., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 5th DCA | 2009-05-14
No. 5D08-3797
GRIFFIN and TORPY, JJ., concur.
8 So. 3d 500 Florida District Court of Appeal, Fifth District (2009) Positive Treatment
Cited by 3 cases
Opinion of the Court
PLEUS, JR., R., Senior Judge.

PLEUS, JR., R., Senior Judge.

J.M., the mother of the dependent child J.W., appeals a portion of the disposition order on the ground that she should not have been required to submit to a psychological examination. The mother does not challenge any of the trial court’s findings underlying the order of disposition, or any of the tasks required in the case plan.

We affirm the order of disposition and that portion of the order finding good cause to require her to submit to a psychological exam. However, we remand to the trial court so that the order may specify the “time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.” Fla. R. Juv. P. 8.250(b); D.C. v. Dep’t of Children & Families, 966 So.2d 1032 (Fla. 4th DCA 2007). We suggest that the Department be ordered to make the necessary arrangements and report to the court so that the order and the rule may have compliance. The court, of course, may use whatever method works best.

AFFIRMED and REMANDED for further proceedings consistent with this opinion.

GRIFFIN and TORPY, JJ., concur.

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  • M.D. v. Dep't OF Child. & Families, 31 So. 3d 248 (Fla. 5th DCA 2010)
    …PER CURIAM. AFFIRMED. See J.M. v. Dep’t of Children and Families, 8 So. 3d 500 (Fla. 5th DCA 2009). GRIFFIN, SAWAYA and LAWSON, JJ., concur.…
  • L.L. v. Dep't of Child. & Families (Fla. 5th DCA 2021)
    …remand to the trial court is necessary so that the court can 2 amend the order to specify the “time, place, manner, conditions[,] and scope of the examination and the person or persons by whom it is to be made.” See J.M. v. Dep’t of Child. & Fams., 8 So. 3d 500, 501 (Fla. 5th DCA 2009) (first quoting Fla. R. Juv. P. 8.250(b); and then citing D.C. v. Dep’t of Child. & Fams., 966 So. 2d 1032, 1033 (Fla. 4th DCA 2007)). AFFIRMED; REMANDED with instructions to amend order consistent with this opinion. LAMBER…

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