In the Interest of K.B.L v. a Minor
2015 Fla. App. LEXIS 10731
| Fla. Dist. Ct. App. | 2015Background
- Petitioner KB.L.V., a 17‑year‑old from Honduras, filed an unopposed private dependency petition seeking a finding of abandonment as to his father under § 39.01(15), Fla. Stat., to qualify for Special Immigrant Juvenile Status (SIJS).
- Father had not established a relationship, exercised parental rights, or provided support; father consented to the petition. Alleged abandonment occurred years earlier (court ultimately found at birth/2003).
- KB.L.V. entered the U.S. in Sept. 2013 and resides with his mother in Florida, who is his legal custodian and provides care; he never sought DCF services and has since reached majority.
- Trial court dismissed the petition, finding the father’s abandonment too remote in time and that KB.L.V. was not at substantial risk of imminent harm since he lived with his mother.
- Petitioner argued remoteness is not a statutory limitation and that denial would expose him to imminent risk (deportation) and prevent SIJS; DCF took no position on appeal.
- The district court reviewed de novo and affirmed, holding the record lacked evidence of current or imminent abandonment, abuse, or neglect supporting dependency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior abandonment (years earlier) can support a dependency adjudication | KB.L.V.: statute has no time limit; any past abandonment suffices | Trial court/DCF: prior abandonment too remote; no present or imminent threat | Court: Past abandonment alone, absent ongoing or imminent risk, generally insufficient to support dependency |
| Whether dependency may be found as to one parent while child lives with the other parent | KB.L.V.: court may adjudicate dependency as to father even though child lives with mother | Trial court/DCF: living with mother shows appropriate caregiver; no risk | Court: Dependency may be found as to one parent, but facts here show no substantial imminent risk despite petition being limited to father |
| Whether immigration-related motive (to obtain SIJS) invalidates the petition | KB.L.V.: immigration consequences create imminent risk of further abandonment if deported | Trial court/DCF: petition appears aimed at immigration relief, not protection from present harm | Court: Seeking SIJS is not a proper basis where no present risk exists; immigration motive does not convert remote abandonment into dependency grounds |
| Whether the trial court erred as a matter of law by dismissing the petition | KB.L.V.: denial is legal error; remoteness is not a statutory bar | Trial court/DCF: factual finding that abandonment was remote and no imminent harm supports dismissal | Court: Affirmed dismissal de novo — no evidence of abandonment within meaning of § 39.01(15) because no present or imminent risk existed |
Key Cases Cited
- C.R. v. Dep’t of Children & Family Servs., 53 So.3d 240 (Fla. 3d DCA 2010) (standard of review and dependency law principles)
- G.C. & D.C. v. Dep’t of Children & Family Servs., 791 So.2d 17 (Fla. 5th DCA 2001) (de novo review and dependency interpretation)
- In re K.V., 939 So.2d 200 (Fla. 2d DCA 2006) (remote incidents of domestic violence insufficient for dependency)
- B.C. v. Dep’t of Children & Families, 846 So.2d 1273 (Fla. 4th DCA 2003) (harmful parental behavior must be a present threat)
- In re Y.V., 160 So.3d 576 (Fla. 1st DCA 2015) (distinguishing immigration‑motivated petitions and finding prima facie dependency where facts showed risk)
- Fla. Dep’t of Children & Families v. Y.C., 82 So.3d 1139 (Fla. 3d DCA 2012) (court caution on acquiescing to unopposed petitions for immigration purposes)
- Galvan v. Press, 347 U.S. 522 (U.S. 1954) (immigration policy is federal prerogative)