DEPARTMENT OF CHILDREN AND FAMILIES
v.
J.F., FATHER OF J.M.F., A CHILD AND H.K., MOTHER OF J.M.F., A CHILD

Fla. 5th DCA | 2018-11-02
No. 18-3091
Dickey, J., Cohen, C.J., Evander, J., Wallis, J.
255 So. 3d 536 Florida District Court of Appeal, Fifth District (2018)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Section 39.521(7), Florida Statutes, requires DCF to maintain supervision and the court to retain jurisdiction for six months after reunification, and the trial court erred in terminating supervision less than two months after reunification.


Headnotes

[1] Under section 39.521(7), Florida Statutes, the Department of Children and Families must maintain supervision and the court must retain jurisdiction over the parties for s…

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The trial court entered an order terminating DCF's supervision and the court's jurisdiction over a child and parents less than two months after the ch…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
Father Of

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

DEPARTMENT OF CHILDREN

AND FAMILIES, Appellant, v. Case No. 5D18-3091

J.F., FATHER OF J.M.F., A CHILD

AND H.K. MOTHER OF J.M.F., A CHILD, Appellees. ________________________________/ Opinion filed November 2, 2018 Appeal from the Circuit Court for Seminole County, Alan A. Dickey, Judge. Kelley Schaeffer, Appellate Counsel, Children’s Legal Services, Bradenton, for Appellant. Heather Morcroft, Winter Park, for Appellee, J.F., Father of J.M.F. Divinne Smith, Orlando, for Appellee, H.K., Mother of J.M.F. Thomasina Moore, Statewide Director of Appeals and Joanna Summers Brunell, Appellate Counsel, Florida Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem Program.

PER CURIAM.

2

The Department of Children and Families (“DCF”) appeals an order terminating its supervision and the court’s jurisdiction over J.M.F. (“Child”), J.F. (“Father”), and H.K. (“Mother”). We reverse because in entering the order, the trial court ignored the provisions of section 39.521(7), Florida Statutes (2018), which require DCF to maintain supervision and the court to retain jurisdiction over the parties until six months after reunification. See also Dep’t of Child. & Fams. v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010). In this case, the court terminated supervision and jurisdiction less than two months after Child had been reunified with Father. Accordingly, we reverse and remand the portion of the order terminating DCF’s supervision and the court’s jurisdiction. See In Interest of S.E., 249 So. 3d 764, 764 (Fla. 2d DCA 2018).

REVERSED and REMANDED.

COHEN, C.J., EVANDER and WALLIS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw