L.T. Ex Rel. K.S.L. v. Department of Children & Families
48 So. 3d 928
| Fla. Dist. Ct. App. | 2010Background
- L.T., uncle of K.S.L., petitions for dependency on behalf of his nephew.
- K.S.L.'s parents are deceased; no custodian exists.
- DHS released K.S.L. to L.T. after a rescue incident.
- L.T. seeks dependency to enable special immigrant juvenile status; requests no DCF services.
- Trial court dismisses dependency, grants L.T. legal custody, and finds the child not dependent for immigration purposes.
- Court notes K.S.L. is an orphan with no legal custodian and should be treated under dependency statute as argued by F.L.M.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dependency petition was properly dismissed | L.T. should be dependent under 39.01(14)(e) | Court lacked basis to treat as dependency and should treat as custody | No; the petition should not have been dismissed on dependency grounds |
| Whether F.L.M. controls on dependency for an orphan with no custodian | F.L.M. supports dependency when orphaned with no custodian | S.H. is distinguishable; needs analysis under case law | Yes; F.L.M. governs and shows dependency existed |
| Whether the case is moot or jurisdictional issues affect review | Appeal not moot due to immigration/status implications | Subject-matter jurisdiction and service issues were not properly raised | Not moot; jurisdictional concerns require remand; issue preserved for review |
Key Cases Cited
- F.L.M. v. Dep't of Children & Families, 912 So.2d 1264 (Fla. 4th DCA 2005) (orphan without custodian qualifies as dependent under 39.01(14)(e))
- S.H. v. Department of Children & Families, 880 So.2d 1279 (Fla. 4th DCA 2004) (distinguishable recitation where parents alive; not abandoned)
- P.G. v. Department of Children & Family Services, 867 So.2d 1248 (Fla. 4th DCA 2004) (creation of jurisdictional requirement for dependency petition in certain custody scenarios)