M.L.K. III, FATHER OF M.L.K. AND M.C.K., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2024-12-04
No. 1D2022-4158
346 So. 3d 678 Florida District Court of Appeal, First District (2024) Positive Treatment
Cited by 1 case

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Holding

Section 92.55(2), Fla. Stat., permits a court to enter orders protecting sexual offense victims or witnesses from severe emotional or mental harm in dependency and termination of parental rights proceedings.


Headnotes

[1] Protective orders issued under Fla. …

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Facts & Procedural History

The case involves a father appealing a circuit court order in a dependency matter concerning minor children. The circuit court entered an order under …

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Opinion of the Court

December 4, 2024 PER CURIAM.

AFFIRMED. See § 92.55(2), Fla. Stat. (allowing a court, when testimony is sought from “a sexual offense victim or witness” to “enter any order necessary to protect the victim or witness in any judicial proceeding . . . from severe emotional harm or mental harm due to the presence of the defendant”); see also M.S. v. Dep’t of Child. & Fams., 346 So. 3d 678, 682 (Fla. 3d DCA 2022) (applying § 92.55, Fla. Stat., to a termination of parental rights proceeding); S.D. v. Dep’t of Child. & Fams., 208 So. 3d 320, 322 (Fla. 3d DCA 2017) (holding that “dependency proceedings” including termination of parental rights “are civil in nature, not criminal, and the constitutional right to confront witnesses is not implicated in a civil dependency proceeding”).

LEWIS, BILBREY, and WINOKUR, JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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Citator

Cited By

  • M.L.K. III v. Dep't of Child. & Families, 346 So. 3d 678 (Fla. 1st DCA 2024)
    …al offense victim or witness” to “enter any order necessary to protect the victim or witness in any judicial proceeding . . . from severe emotional harm or mental harm due to the presence of the defendant”); see also M.S. v. Dep’t of Child. & Fams., 346 So. 3d 678, 682 (Fla. 3d DCA 2022) (applying § 92.55, Fla. Stat., to a termination of parental rights proceeding); S.D. v. Dep’t of Child. & Fams., 208 So. 3d 320, 322 (Fla. 3d DCA 2017) (holding that “dependency proceedings” including termination of parental…

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