75 So. 3d 808
Fla. Dist. Ct. App.2011Background
- Mother seeks review of a non-final order denying reunification and placing child with father, and a partial final order terminating protective services supervision based on placement.
- The trial court terminated protective services at a status hearing where Mother had not been given notice termination would be considered.
- Appellate review is granted because the termination without notice violated due process concerns articulated in T.S. v. Guardian Ad Litem.
- Court reverses and remands for further proceedings; merits of reunification order are not addressed at this time due to reversal.
- Review of non-final and post-disposition orders depends on notice, scope of relief, and potential certiorari pathways under Florida rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was termination of protective services at a status hearing improper? | Mother argues termination without notice violated due process. | DCF and GAL concede the error; termination at that hearing was improper. | Reversed and remanded for proper proceedings. |
| Should the reunification order be reviewed now or deferred? | Mother seeks timely review of reunification order. | Review could be considered with the termination order or under certiorari frameworks. | Declined to address merits; defers review until custody/visitation disposition is fully resolved. |
Key Cases Cited
- T.S. v. Guardian Ad Litem, 49 So.3d 341 (Fla. 4th DCA 2010) (termination of services without proper notice violates due process)
- S.P. v. Dep't of Children & Families, 17 So.3d 878 (Fla. 1st DCA 2009) (non-final post-dependency orders may be reviewable by certiorari)
- T.H. v. Dep't of Children & Families, 736 So.2d 126 (Fla. 1st DCA 1999) (Webster, J., dissenting; post-dependency review considerations)
- D.T. v. Dep’t of Children & Families, 54 So.3d 632 (Fla. 1st DCA 2011) (9.130(a)(4) review of post-disposition orders affirmed)
- R.M. v. Dep’t of Children & Families, 19 So.3d 1029 (Fla. 5th DCA 2009) (recognizing review of post-disposition dependency orders under rule 9.130(a)(4))
- A.B. v. Dep’t of Children & Families, 834 So.2d 350 (Fla. 4th DCA 2003) (reviewing dependency order directing no contact under 9.130(a)(4))
- In re M.V.-B, 19 So.3d 381 (Fla. 2d DCA 2009) (post-adjudication orders not appealable under 9.130(a)(4) but may be challenged via certiorari)
- Duncan v. Pullum, 198 So.2d 658 (Fla. 2d DCA 1967) (interlocutory orders reviewable in appeal of partial final order)