JAMES KASER, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• M.P. v. Dep't of Child. & Families, 159 So. 3d 341 (Fla. 4th DCA 2015)
  …o strike the task of random drug testing from the father’s case plan. We emphasize, however, that upon a showing of good cause, the case plan may be amended to require a substance abuse evaluation of the father should the need arise. See In re S.M., 136 So. 3d 1271, 1271 (Fla. 2d DCA 2014) (“[W]e grant the petition for writ of certiorari in part, quashing the disposition order to the extent that it requires the Father and the Mother to submit to substance abuse evaluations as part of the case plan. We note tha…

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• E.G. v. The Dep't OF Child., 193 So. 3d 78 (Fla. 3d DCA 2016)
  …e reject DCF’s argument. The trial court also lacked the authority to impose the requirements in paragraphs 4 and 5 of the order. Appellate courts have granted certiorari relief where a trial court has ordered improper drug testing. See In re S.M., 136 So. 3d 1271 (Fla. 2d DCA 2014). Although Chapter 397 includes various sections, such as section 397.6811, whereby a court could ostensibly order an assessment, there is no statutory authorization for indefinitely recurring drug testing of dependent children. Be…
• In the Interest of M.W. v. Dep't of Child. & Families & Guardian Ad Litem Program, 163 So. 3d 1229 (Fla. 2d DCA 2015)
  …plan tasks beyond the parenting class. See §§ 39.407(15), .407(16), .6011(2)(a), .6012(1)(a), ,603(1)(f), Fla. Stat. (2014); C.T. v. Dep’t of Children & Family Servs., 84 So. 3d 1231 (Fla. 2d DCA 2012); cf. J.M. v. Dep’t of Children & Family Servs., 136 So. 3d 1271, 1271 (Fla. 2d DCA 2014) (granting the petition for writ of certiorari in part where the trial court sua sponte amended the case plan absent the requisite evidentiary showing pursuant to section 39.6013, Florida Statutes). As such, we affirm the adj…