59 So. 3d 1187
Fla. Dist. Ct. App.2011Background
- T.J., a Turks and Caicos-born minor residing in Florida, came to the U.S. as an infant and has lived in Florida since four months old.
- T.J.'s mother died in 2004; her father has been absent and location unknown despite diligent search efforts.
- T.J. has been cared for by her aunt, who has no judicial custodian status, since the mother's death.
- An amended petition for adjudication of dependency was filed by a law-school clinic on behalf of T.J. as a next friend, seeking a dependency finding to support immigration status and potential relative placement.
- The circuit court summarily denied the petition, concluding the aunt could obtain custody and that the father was not served, without addressing the two affidavits of diligent search.
- The leading issue is whether, under Florida law, a circuit court may deny a dependency petition when a child lacks a parent or legal custodian and a father is unknown, and whether the diligent-search affidavits meet statutory requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a circuit court can deny dependency where no parent or legal custodian is available and father is unknown | T.J. qualifies as dependent under 39.01(15)(e) per F.L.M. and L.T. analyses; aunt is not a custodian capable of supervision. | No dependency if caregiver is not a custodian or if abandonment criteria are not proven; custody/guardianship remedies may apply instead. | Yes—dependency may be found; the record supports dependency under 39.01(15)(e) pending remand evidence. |
| Whether the two affidavits of diligent search meet statutory requirements for locating a missing father | The affidavits are sufficient under 39.503/39.01 to proceed without notice. | Affidavits fail to meet the minimum contact and inquiry requirements under 39.503(6); additional diligence is required. | No—affidavits do not satisfy minimum diligent-search requirements; further search is required on remand. |
Key Cases Cited
- F.L.M. v. Department of Children & Families, 912 So.2d 1264 (Fla. 4th DCA 2005) (dependency when child lacks parent or custodian; supports dependency finding)
- L.T. v. Department of Children & Families, 48 So.3d 928 (Fla. 5th DCA 2010) (dependency to allow special immigration status; reinforces rule for dependent status)
- Dep’t of Children & Families v. K.H., 937 So.2d 807 (Fla. 5th DCA 2006) (treatment of dependency petitions as to similar outcomes)
- In re T.R.F., 741 So.2d 1184 (Fla. 2d DCA 1999) (affidavits and diligent search referenced for locating a parent)