Interstate Compact On The Placement Of Children

37 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• C.S. and J.S. v. S.H. and K.H.
  671 So. 2d 260· Fla. 4th DCA· 1996-04-10 ·cited 62×
  Biological relatives appealed a trial court's final judgment awarding adoption of a three-year-old child to foster parents, rather than to the relatives whom HRS had selected as adoptive parents. The court reversed, holding that trial courts lack authority to interfere with HRS's
• Dep't OF Child. & Families v. Benway
  745 So. 2d 437· Fla. 5th DCA· 1999-11-05 ·cited 25×
  The court held that the Interstate Compact on the Placement of Children (ICPC) applies to the out-of-state placement of a dependent child with a natural parent, requiring receiving state approval.
• Dep't OF Child. & Families v. R.H.
  819 So. 2d 858· Fla. 5th DCA· 2002-05-24 ·cited 23×
  The Department of Children and Families (DCF) appeals from a contempt order for failing to place a dependent child with an out-of-state relative by a court-ordered deadline. The Fifth District reversed, holding that the trial court failed to make the essential finding that DCF ha
• Dep't OF Child. & Fam. Servs. v. In the Interest OF J.C.
  847 So. 2d 487· Fla. 3d DCA· 2002-09-23 ·cited 14×
  The Florida Third District Court of Appeal denied the Department of Children and Family Services' petition for writ of prohibition seeking to overturn a trial court order that returned a child to his long-term caregiver pending review of the appropriateness of adoptive placement.
• Friends OF Children v. Dep't of Health & Rehabilitative Servs.
  504 So. 2d 1345· Fla. 1st DCA· 1987-03-27 ·cited 14×
  Friends of Children appealed the Department of Health and Rehabilitative Services' denial of its application for licensure as a child placing agency. Although the applicant met all minimum licensing standards in the department's rules, the department denied the license based on t
• In the Interest of K.M. v. Dep't of Child. & Fam. Servs.
  946 So. 2d 1214· Fla. 2d DCA· 2006-12-29 ·cited 12×
  A Florida appellate court reversed a trial court's decision to grant long-term custody of a dependent child to the maternal grandmother instead of the nonoffending father. The court held that the trial court abused its discretion by failing to apply the mandatory statutory requir
• In the Interest of M.A. v. Dep't of Child. & Families
  906 So. 2d 1226· Fla. 1st DCA· 2005-07-21 ·cited 12×
  The Guardian ad Litem appeals a trial court order placing three dependent children with their Massachusetts relatives instead of their foster family. The court affirms, finding that the trial court properly applied the best interests standard and did not improperly prefer relativ
• In re The Adoption OF C.L.W. v. Weeks
  467 So. 2d 1106· Fla. 2d DCA· 1985-05-01 ·cited 12×
  Betty Fowler appeals a final adoption judgment granted to Helen and Arnold Weeks for her biological child. The Florida appellate court affirmed the adoption, holding that Florida law applied to the validity of the mother's consent and revocation, that Pennsylvania lacked jurisdic
• D.R. v. J.R.
  203 So. 3d 952· Fla. 5th DCA· 2016-09-27 ·cited 10×
  A Florida appellate court reversed a trial court's order placing dependent children with their out-of-state father without complying with the Interstate Compact on the Placement of Children (ICPC). The court held that ICPC requirements apply to placements with noncustodial parent
• Dep't OF Child. & Families v. Fellows
  895 So. 2d 1181· Fla. 5th DCA· 2005-02-18 ·cited 10×
  The Department of Children and Families appeals a trial court order returning a dependent child to New Hampshire to live with his aunt, which violated the Interstate Compact on the Placement of Children (ICPC). The court reverses, holding that once a receiving state rescinds plac
• B.G. v. Dep't OF Child. & Families & Guardian Ad Litem Program
  189 So. 3d 305· Fla. 4th DCA· 2016-04-13 ·cited 9×
  A Florida appellate court vacated a trial court's order relinquishing jurisdiction over a dependent child who was temporarily sheltered with her noncustodial father in Texas. The court held that the trial court erred in converting temporary shelter custody into permanent custody
• David F. McCOMB ad litem for Khemsu Walton v. Rosita Wambaugh
  934 F.2d 474· 3d Cir.· 1991-05-30 ·cited 9×
  The court held that the Interstate Compact on the Placement of Children did not apply to a child returned to his mother's custody, and therefore, no special relationship was created between the state and the child that would impose a duty to protect him from his mother's abuse.
• State v. L.G. and L.G.
  801 So. 2d 1047· Fla. 1st DCA· 2001-12-26 ·cited 8×
  The Florida Department of Children and Family Services sought to block a dependent child's relocation to Georgia with her custodial mother, claiming the Interstate Compact on the Placement of Children (ICPC) required Georgia's approval. The court held that Article III of the ICPC
• In the Interest of T.W.S. v. Dep't of Health & Rehabilitative Servs.
  466 So. 2d 387· Fla. 1st DCA· 1985-03-26 ·cited 8×
  The court held that the trial court's order terminating foster care and placing the child with grandparents must be reversed due to noncompliance with statutory mandates regarding performance agreements and the Interstate Compact.
• Dep't of Health & Rehabilitative Servs. v. In the Interest of J.M.L. and T.M.L.
  455 So. 2d 571· Fla. 1st DCA· 1984-08-28 ·cited 8×
  The trial court erred by entering an order placing dependent children with their paternal grandparents without providing notice to HRS, and by violating the Interstate Compact on the Placement of Children.
• R.F. v. Dep't OF Child. & Families Ad Litem Program & C.K.
  50 So. 3d 1243· Fla. 4th DCA· 2011-01-26 ·cited 7×
  A minor child sought review of an order requiring him to return to Florida despite placement with his paternal uncle in New York being in his best interest. The appellate court held that even though the placement did not strictly comply with the Interstate Compact on the Placemen
• M.A.C. v. Fla. Dep't of Child. & Families
  73 So. 3d 327· Fla. 1st DCA· 2011-10-27 ·cited 6×
  A Florida appellate court reversed a trial court's order terminating protective supervision and placing a 13-year-old child with her out-of-state father, finding the court failed to comply with Interstate Compact on the Placement of Children (ICPC) requirements and denied the mot
• Statewide Guardian ad Litem Off. v. C.C.
  47 Fla. L. Weekly Fed. D 2323· Fla.· 2024-03-07 ·cited 5×
  The trial court properly terminated C.C.'s parental rights based on clear and convincing evidence of statutory grounds (abandonment, continuing involvement threatening the child's welfare, and the 12-of-22-months placement benchmark) and competent, substantial evidence that termi
• Dep't of Health & Rehabilitative Servs. v. In the Interest of M.W.
  424 So. 2d 56· Fla. 1st DCA· 1982-12-08 ·cited 5×
  The Department of Health and Rehabilitative Services appealed a juvenile court order granting legal custody of M.W. to her parents in Texas, but the appellate court affirmed because the evidence supported that the parents were rehabilitated and the child no longer required state
• C.K. v. Dep't of Child. & Families
  949 So. 2d 336· Fla. 4th DCA· 2007-02-28 ·cited 4×
  The court held that while the trial court had authority to order services for a non-offending parent, it erred in ordering specific counseling programs without a sufficient evidentiary basis connecting them to the child's endangerment. However, the court affirmed the requirement
• In the Interest of D.N. and K.N. v. D.N.
  858 So. 2d 1087· Fla. 2d DCA· 2003-10-01 ·cited 4×
  The Department of Children and Family Services appealed a trial court order returning two children to their father D.N. in Hawaii, where he held a valid custody order. The Second District affirmed, holding that the Uniform Child Custody Jurisdiction Act (UCCJA) and Parental Kidna
• Dep't OF Child. & Families v. C.T.
  144 So. 3d 684· Fla. 1st DCA· 2014-08-14 ·cited 2×
  The court held that the Interstate Compact on the Placement of Children (ICPC) applies when a court exercises jurisdiction to place a child with an out-of-state parent, and the lower court erred in finding otherwise.
• Dep't of Health & Rehabilitative Servs. v. The Lasky Baby
  416 So. 2d 1148· Fla. 1st DCA· 1982-04-07 ·cited 2×
  The court clarified its prior opinion, directing HRS to exercise its full authority to provide supervision and conduct a home evaluation for adoption purposes, emphasizing the child's best interest and inter-agency cooperation under the Interstate Compact on the Placement of Chil
• Dep't of Child. & Families v. S.B.
  274 So. 3d 1170· Fla. 5th DCA· 2019-06-06 ·cited 1×
  The appellate court granted the Department of Children and Families' petition to quash lower court orders that placed a child with an out-of-state relative without complying with the Interstate Compact on the Placement of Children (ICPC). The court found the trial court erred by
• State v. Friends of Children
  653 F. Supp. 1221· N.D. Fla.· 1986-12-24 ·cited 1×
  The court held that a Georgia-licensed adoption agency could conduct home studies, charge fees for them, and advertise in Florida without stating its non-licensure. It also held that Florida law did not prohibit pregnant women from traveling to Georgia for medical services, birth
• In the Interest of L.A.C. State of Fla. Dep't OF Health & Rehabilitative Servs. v. Carol and Steven Castagnino
  429 So. 2d 102· Fla. 2d DCA· 1983-04-08 ·cited 1×
  The Florida District Court of Appeal held that out-of-state residents may adopt a child in Florida, rejecting the Department of Health and Rehabilitative Services' argument that section 63.207 prohibits such adoptions. The court reasoned that the statute prevents sending children
• Colt Handlon v. Div. of Fam. Servs.
  Del.· 2026-02-12
  Colt Handlon appeals a Family Court decision terminating his parental rights in his two minor children after they came into DFS custody due to drug ingestion while in the mother's care. The Delaware Supreme Court affirms the termination, holding that the court did not plainly err
• Guardian ad Litem v. Dep't of Child. & Families
  Fla. 5th DCA· 2025-02-26
  A petition for certiorari to challenge a trial court order modifying a child's ICPC-compliant interstate placement must be denied when binding precedent in Fellows establishes that a receiving state may unilaterally rescind its placement approval. However, the court's precedent i
• Lunsford v. Engle
  Fla. 4th DCA· 2020-01-22
  A grandmother appeals a Florida court's dismissal of her custody petition for her grandson, challenging the court's determination that an Oregon court had exclusive jurisdiction. The appellate court agrees that Florida, as the child's home state, had initial custody jurisdiction
• Lunsford v. Engle
  Fla. 4th DCA· 2020-01-22
  Under the UCCJEA, Florida retained initial custody jurisdiction over the child because Florida remained the child's home state when the grandmother filed her petition, even though Oregon had exercised temporary emergency jurisdiction over the child. The trial court erred in faili
• State v. M.A.
  215 So. 3d 1276· Fla. 1st DCA· 2017-04-10
  Florida's Department of Children and Families appealed the circuit court's dismissal of dependency proceedings for two children, arguing the court improperly dismissed the case and allowed the children to be placed with their out-of-state father without complying with the Interst
• Wilson
  Del.· 2010-01-26
  The Delaware Supreme Court affirmed the Family Court's termination of parental rights, holding that the father's written consent was valid, his due process rights were not violated, and his attempted revocation of consent was untimely. The court found that the statute governing c
• T.S. v. Dep't of Child. & Families
  992 So. 2d 299· Fla. 5th DCA· 2008-09-22
  A father appealed a trial court's denial of his request for temporary custody of his dependent child, challenging the court's application of the best interests standard rather than the statutory standard for non-offending parents. The appellate court granted relief, holding that
• E.B. v. Dep't of Child. & Families
  969 So. 2d 505· Fla. 1st DCA· 2007-11-20
  Father E.B. appealed the trial court's denial of his motion to modify placement of his dependent children with him following their adjudication of dependency. The First District Court of Appeal reversed, holding that the trial court applied the wrong legal standard and failed to
• Dep't OF Child. & Families v. J.H. and L.H.
  907 So. 2d 1275· Fla. 5th DCA· 2005-08-05
  The Florida Fifth District Court of Appeal reviewed a trial court order denying DCF's petition to terminate parental rights and ordering the immediate return of a child to parents in Alabama. The appellate court found the trial court's order defective due to lack of findings of f
• In the Interest of M.A.D. and T.A.D. v. G.S.C.
  812 So. 2d 509· Fla. 2d DCA· 2002-03-20
  An appeal of an order denying termination of parental rights does not automatically stay the order returning children to their mother, and the trial court's order staying placement change is quashed.
• Dep't of Health & Rehabilitative Servs. v. Freeman
  686 So. 2d 767· Fla. 5th DCA· 1997-01-17
  The court reversed an order requiring a state agency to pay travel costs for a rescheduled hearing, holding that no statute or rule authorized such payment or the seven-day advance filing requirement imposed by the trial court.
• In the Interest of B.J.A. v. Lodia Wyers and Sarah Wyers
  539 So. 2d 540· Fla. 1st DCA· 1989-03-07
  HRS appealed a trial court order awarding permanent custody of a dependent child to his stepgrandparents in Georgia and relinquishing jurisdiction over the child. The appellate court reversed, holding that the trial court violated the Interstate Compact on the Placement of Childr