DEPARTMENT OF CHILDREN AND FAMILIES, APPELLANT,
v.
T.T. AND J.R., PARENTS OF M.R. AND K.R., CHILDREN, APPELLEE

Fla. 5th DCA | 2010-09-01
No. 5D09-4652
EVANDER, COHEN, and JACOBUS, JJ., concur.
42 So. 3d 962 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Fifth District Court of Appeal reversed a trial court's order reuniting two children with their mother in Georgia and dismissing the dependency proceeding because the trial court failed to comply with the Interstate Compact for the Placement of Children (ICPC) requirements before ordering the placement. The court remanded for the trial court to conduct proper ICPC procedures while considering the children's best interests and the father's reunification request.


Holding

A trial court cannot send children to a receiving state unless it has complied with each and every requirement set forth in Article III of the ICPC. The trial court's orders reuniting the children with their mother in Georgia and dismissing the dependency proceeding were reversed because they violated ICPC requirements.


Headnotes

[1] Orders reuniting children with a parent, dismissing dependency proceedings, and terminating jurisdiction are invalid if they fail to comply with the Interstate Compact fo…

[2] A trial court cannot send children to a receiving state under the ICPC unless all requirements of Article III of the ICPC have been met.

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Key Quotes

“a trial court cannot send children to a receiving state unless it has complied with "each and every requirement set forth" in Article III of the ICPC”

Establishes the mandatory nature of full ICPC compliance before placing children out-of-state

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Facts & Procedural History

M.R. and K.R., ages five and two, were adjudicated dependent due to domestic violence in their home. After the mother achieved only partial compliance…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s orders reuniting the children with their mother, T.T., dismissing the dependency proceeding, and terminating the trial court’s jurisdiction because the orders do not comply with the Interstate Compact for the Placement of Children (“ICPC”), section 409.401, Florida Statutes (2009).

M.R. and K.R. were five and two when they were adjudicated dependent due to domestic violence between their mother and her paramour in their home. The mother was only able to achieve partial compliance with her case plan during the year after the children were sheltered. The Department of Children and Families (“DCF”) supported reunification with the father, who was non-offending, but he was unable to offer them appropriate housing. More than a year passed and DCF achieved permanency for the children through a guardianship with the paternal grandparents who had been caring for them successfully since the proceedings began.

In the meantime, the mother gave birth to two boys, the older of whom was fathered by the abusive paramour, and the younger by a different father. The paternal grandparents allowed the children extended visits with their mother over holidays. The children and parents remain emotionally bonded and love each other. Three more years passed while the children remained in the satisfactory placement with their grandparents in Florida.

In August 2009, the mother and father, who had both since moved out-of-state to Georgia and Ohio, each sought reunification. Pursuant to their requests, the trial court directed DCF to obtain orders of compliance with ICPC for home studies on both parents. On December 14, 2009, at a hearing on the mother’s motion for holiday visitation, the trial court learned that DCF did not submit the ICPC orders to the Georgia and Ohio compact administrators until November 2009. Over objections by DCF and the Guardian ad Litem about the incomplete ICPC approval procedure and the lack of any current information about the mother’s housing or financial ability to support four children, the trial court ordered reunification with the mother in Georgia. The trial court also entered an order two days later dismissing the proceeding and permanently relinquishing jurisdiction. This appeal followed.

The trial court was understandably frustrated with DCF’s failure to comply with his order of August 2009, requiring it to obtain ICPC home studies of both parents. However, a trial court cannot send children to a receiving state unless it has complied with “each and every requirement set forth” in Article III of the ICPC. Dep’t of Children & Families v. Fellows, *964895 So.2d 1181, 1185 (Fla. 5th DCA 2005). The ICPC requires that the receiving state evaluate the placement before the child is placed and then monitor the placement to protect the child. Id. As in H.P. v. Dep’t of Children & Families, 838 So.2d 583, 586-87 (Fla. 5th DCA 2003), we recognize that a change in the children’s custody would disrupt their lives because of the length of time they have resided with the mother. To accommodate this concern, while requiring the trial court to comply with the ICPC requirements it failed to consider, we remand the matter to the trial court to determine where the children should reside, including whether it would be in their best interest to remain with the mother pending an investigation by the Georgia Compact Administrator and that state’s approval or disapproval of the placement.

Additionally, we are concerned that the father’s interest in reunification was given short shrift. Upon remand, we direct that the trial court also consider the father’s pending request, if he still seeks reunification, through ICPC proceedings with the State of Ohio. In accord with the requirements of section 39.521(7), Florida Statutes (2009), when the trial court reunites the children with either parent, it shall not terminate its jurisdiction or DCF’s supervision over them until six months after their return.

REVERSED AND REMANDED.

EVANDER, COHEN, and JACOBUS, JJ., concur.


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Citator

Cited By

  • D.R. v. J.R., 203 So. 3d 952 (Fla. 5th DCA 2016)
    …nding the trial court’s error, the children are not required to be immediately returned to Florida. See B.G., 189 So. 3d at 305; R.F. v. Dep’t of Children & Families, 50 So. 3d 1243, 1244-46 (Fla. 4th DCA 2011); Dep’t of Children & Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010); H.P. v. Dep’t of Children & Families, 838 So. 2d 583, 586-87 (Fla. 5th DCA 2003). Accordingly, we reverse the portion of the final order terminating the trial court’s jurisdiction and remand with instructions for the trial…
  • …position, the Department must comply with the ICPC. In that case, the trial court must determine if it is in the Child’s best interest to remain with the Father pending the Department’s compliance with the ICPC. Dep’t of Children & Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010). Vacated and remanded. GERBER and LEVINE, JJ., concur. . The Interstate Compact on the Placement of Children ("ICPC”), codified at Florida Statutes sections 409.401-.409 (2015), is an agreement between signatory states to…
  • …d to remain in the out-of-state placement during the ICPC process if it is in the child’s best interest. [*1245] See H.P. v. Dept. of Children and Families, 838 So. 2d 583, 586-87 (Fla. 5th DCA 2003); see also Dept. of Children and Families v. T.T., 42 So. 3d 962, 964 (Fla. 5th DCA 2010); In re J.D., 35 So. 3d 145 (Fla. 2d DCA 2010). DCF and the Guardian Ad Litem Program argue that there are no exceptions to the ICPC procedures, and strict compliance with the compact is required. They argue if the procedure…

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