In the Interest of: B.R.C.M., A Minor Child v. Florida Department of Children and Families
215 So. 3d 1219
| Fla. | 2017Background
- B.R.C.M., an unaccompanied 13‑year‑old from Guatemala, was released to his godmother (a federal sponsor) after entering the U.S.; a private dependency petition was filed on his behalf in Florida.
- The petition alleged three dependency grounds under § 39.01(15): abandonment by both parents, inability of parents to provide care, and risk of imminent neglect/abandonment; alleged facts supported a prima facie case.
- The circuit court denied the petition after an eight‑minute hearing and made no factual findings.
- The Third District affirmed, reasoning the petition was filed primarily to procure Special Immigrant Juvenile Status (SIJS) and concluding the child was not “truly” abandoned/neglected.
- The Florida Supreme Court found conflict with the First District’s decision in In re Y.V., held that a juvenile’s immigration‑motivated purpose is irrelevant to facial sufficiency, disapproved categorical summary denials, quashed the Third District, and remanded for individualized factfinding.
Issues
| Issue | Plaintiff's Argument (B.R.C.M.) | Defendant's Argument (state/Third DCA) | Held |
|---|---|---|---|
| Whether a dependency petition may be summarily denied because petitioner seeks SIJS | Motive to obtain SIJS is irrelevant; if statutory grounds are pleaded, petitioner deserves an adjudicatory hearing | Petition was motivated by immigration relief, so court may deny if child is not "truly" abused/abandoned/neglected | Motive is irrelevant; courts may not categorically deny private petitions for SIJS motive and must assess facial sufficiency and make findings |
| Whether a circuit court may deny a petition without factual findings or an evidentiary hearing when petition alleges statutory grounds | A petition alleging prima facie facts requires the opportunity to introduce evidence and specific findings | Summary denial was appropriate given perceived lack of true dependency | Court held summary denials without factual findings are improper where petition alleges dependency; remand for individualized factfinding |
| Standard for proceeding when a petition alleges statutory grounds for dependency | Alleged facts meeting prima facie threshold warrant an evidentiary hearing and adjudication under § 39.01(15) | Courts can screen petitions for substance and dismiss insufficient ones | If petition states a prima facie case under any of the seven grounds, petitioner should be allowed to present evidence and the court must enter findings of fact and conclusions of law |
| Whether this petition was deficient on its face (as argued in dissent) | Petition alleged sufficient facts under multiple grounds (majority view) | Dissent argued allegations were temporally remote, failed to plead one ground, and did not show "imminent" risk or caregiver failure | Majority quashed Third DCA for lack of findings and remanded; dissent would have affirmed dismissal for pleading insufficiency (disagreement remains) |
Key Cases Cited
- In re B.R.C.M., 182 So.3d 749 (Fla. 3d DCA 2015) (Third DCA decision under review, which affirmed summary denial)
- In re Y.V., 160 So.3d 576 (Fla. 1st DCA 2015) (held that SIJS motivation is irrelevant to facial sufficiency; dependency petitions should not be rejected for petitioner’s motive)
- O.I.C.L. v. Dep’t of Children & Families, 205 So.3d 575 (Fla. 2016) (Florida Supreme Court precedent emphasizing focus on statutory grounds, not SIJS motive)
- F.L.M. v. Dep’t of Children & Families, 912 So.2d 1264 (Fla. 4th DCA 2005) (if federal law conditions immigration relief on state dependency, state courts should adjudicate dependency when statutory criteria are met)