Department of Children And Families and A.H., a child v. T.S., the Mother and R.H., the Father
154 So. 3d 1223
| Fla. Dist. Ct. App. | 2015Background
- DCF filed a verified shelter petition alleging abuse/neglect; child initially placed in shelter with no family placements available.
- Arraignment hearings were reset multiple times due to service difficulties; parents and child were not located at the August 27, 2014 arraignment.
- The trial court sua sponte dismissed the petition at the August 27 hearing after the child absconded and locations of parents were unknown.
- DCF and the child challenged the dismissal as a denial of notice and a meaningful opportunity to be heard.
- The court held the dismissal violated due process and was contrary to the child's best interests; the opinion reverses and remands for reinstatement of the petition.
- The court emphasized that due process requires notice and an opportunity to be heard, and that jurisdiction over dependent children persists until age 21 to allow services.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the dismissal without notice or a hearing a due process violation? | DCF/child: due process denied. | Court's dismissal should be allowed given absconding parties. | Yes; due process violated. |
| Did the trial court abuse its discretion by not considering the child's best interests? | Best interests require adjudication and services. | Dismissal serves efficiency when parties are unavailable. | Yes; dismissal reversed for reinstatement and further proceedings. |
Key Cases Cited
- L.M.B. v. Dep’t of Children & Families, 28 So. 3d 217 (Fla. 4th DCA 2010) (recognizes need for written opinion in important repeatable issues)
- C.K. v. Dep’t of Children & Family Servs., 88 So. 3d 975 (Fla. 2d DCA 2012) (due process requires fair notice and opportunity to be heard)
- Borden v. Guardianship of Borden-Moore, 818 So. 2d 604 (Fla. 5th DCA 2002) (due process standard for fair notice and hearing in guardianship contexts)
- Dep’t of Children & Families v. K.H., 937 So. 2d 807 (Fla. 5th DCA 2006) (due process principles in dependency proceedings)
- Weiser v. Weiser, 132 So. 3d 309 (Fla. 4th DCA 2014) (due process as fundamental error when rights are violated)