CARLOS ORTIZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In the Interest of E.G-S. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 113 So. 3d 77 (Fla. 2d DCA 2013)
  …t a court may not place a child permanently with a nonoffending parent when the offending parent is either in substantial compliance with a reunification case plan or the time for compliance has not expired. See M.M. v. Dep’t of Children & Families, 29 So. 3d 1200, 1201 (Fla. 5th DCA 2010) (and cases cited therein). In A.L., the court examined facts very similar to those in this case. The children had been found dependent based on their mother’s actions and the circuit court had placed them in the custody of…
• A.L. v. Dep't of Child. & Families, 53 So. 3d 324 (Fla. 5th DCA 2010)
  …stantially complied with a case plan that has the goal of reunification is entitled to reunification with the dependent child absent a determination that reunification would be detrimental to the child. See also M.M. v. Dep’t of Children & Families, 29 So. 3d 1200 (Fla. 5th DCA 2010). Where the offending parent has not yet substantially complied with the case plan and the time for such compliance has not expired, if a party or the court concludes that reunification with the offending parent would no longer be…
• In the Interest of A.F. v. Dep't of Child. & Fam. Servs. & Guardian ad Litem Program, 39 So. 3d 1288 (Fla. 2d DCA 2010)
  …the terms of the case plan to the extent that the safety, well-being, and physical, mental, and emotional health of the child is not endangered by the return of the child to the home.” (Emphasis added.) See also M.M. v. Dep’t of Children & Families, 29 So. 3d 1200, 1201 (Fla. 5th DCA 2010) (“[I]t is reversible error to permanently award custody to a non-offending parent when the offending parent has a ease plan goal of reunification and has ... substantially complied with the plan ... without a finding that r…

Authorities Cited

• Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)