V.J.V., A CHILD, ETC., ET AL., PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
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The court held that the trial court departed from the essential requirements of law by ordering the child's return to Guatemala without proper evidentiary support or findings.
A child sought review of an order directing DCF to begin returning her to Guatemala. DCF conceded the order was improper, and the appellate court gran…
The full statement of facts, procedural history, and disposition for this case are member content.
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The Petitioner, V.J.V., a child [“the Child”], seeks certiorari review1 of an order in a dependency case directing the Respondent, Florida Department of Children and Families [“DCF”], to start the process of sending the Child back to Guatemala (changing her case plan goal from a permanent planned living arrangement to reunification with her adoptive parents in Guatemala). DCF concedes that the trial court departed from the essential requirements of the law in entering the order. We grant the petition and quash the order.
In this petition, the Child, through her attorney ad litem, argues that the order *1291violated several clearly established principles of law: 1) the trial court improperly relied on unverified information obtained through ex parte communication with an unidentified witness, 2) the order, which represents a change in the Child’s case plan goal and change of custody, is not supported by competent evidence, and the trial court failed to make any specific findings of fact or conclusions of law, and 3) the trial court improperly allowed the Child’s immigration status to affect the dependency proceedings. In response to the certiorari petition, at DCF’s request, we relinquished jurisdiction to the lower tribunal for reconsideration of the order. The assigned judge recused himself from the case and another judge was assigned. DCF has now advised that the successor judge has declined to reexamine the issue.
Accordingly, we grant certiorari and quash the order requiring DCF to start the process of sending the Child back to Guatemala. The currently assigned judge shall proceed without reference to the quashed order.
WRIT GRANTED; ORDER QUASHED.
GRIFFIN, TORPY and COHEN, JJ„ concur.