J.B., PETITIONER,
v.
M.M. AND H.M., RESPONDENTS

Fla. 4th DCA | 2012-07-18
No. 4D11-4195
MAY, C.J., STEVENSON and CONNER, JJ., concur.
92 So. 3d 888 Florida District Court of Appeal, Fourth District (2012) Positive Treatment
Cited by 19 cases

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Synopsis

A mother petitioned for a writ of certiorari to quash a circuit court order requiring her to undergo a psychological evaluation in a dependency proceeding involving her daughter. The Fourth District Court of Appeal granted the petition, finding that while the mother's mental health was in controversy, the trial court failed to show good cause for the evaluation because it relied on conduct over eight years old and the child showed no signs of abuse, abandonment, or neglect beyond the mother's diagnosis of schizoaffective disorder.


Holding

The court granted the petition to quash the psychological evaluation, finding that while the mother's mental health was sufficiently in controversy, good cause was not shown because the information relied upon was over eight years old and there was scant, if any, evidence that the child was at risk of abuse, abandonment, or neglect beyond the mother's mental illness diagnosis.


Headnotes

[1] Certiorari jurisdiction lies to review an order compelling a mental examination.

[2] A court may order a parent to submit to a mental examination in a dependency proceeding only upon a showing of good cause.

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Key Quotes

“The rule articulates two requirements for receiving a mental health evaluation: (1) the mental health of the parent must be in controversy and (2) good cause must be shown.”

Establishes the two-part test required under Florida Rule of Juvenile Procedure 8.250(b) for ordering a psychological evaluation in dependency proceedings

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Facts & Procedural History

J.B., a mother with schizoaffective disorder, was involved in a dependency proceeding initiated by the paternal grandparents of her daughter following…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

J.B., the mother, petitions this Court for a writ of certiorari following an order by the circuit court compelling her to submit to a psychological evaluation in a dependency proceeding concerning J.B.’s daughter. The respondents, M.M. and H.M., are the child’s paternal grandparents and filed a petition for dependency following the death of their son, who was the- child’s father. We find that the court departed from the essential requirements of law where good cause was not shown for ordering the evaluation and grant the petition to the extent that it seeks to quash the evaluation.

Certiorari jurisdiction lies to review an order compelling a mental examination. See In re G.D., 870 So.2d 235, 237 (Fla. 2d DCA 2004). Florida Rule of Juvenile Procedure 8.250(b) provides that:

At any time after the filing of a shelter, dependency, or termination of parental rights petition, or after an adjudication of dependency or a finding of dependency when adjudication is withheld, when the mental or physical condition, including the blood group, of a parent, legal custodian, or other person who has custody or is requesting custody of a child is in controversy, any party may request *890the court to order the person to submit to a physical or mental examination or a substance abuse evaluation or assessment by a qualified professional. The order may be made only on good cause shown and after notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

See also § 39.407, Fla. Stat. (2011).1 The rule articulates two requirements for receiving a mental health evaluation: (1) the mental health of the parent must be in controversy and (2) good cause must be shown.

It is uncontested that the mother suffers from schizoaffective disorder. While we agree that the mother’s mental health is sufficiently in controversy, see, e.g., S.N. v. State Dep’t of Health & Rehabilitative Servs., 529 So.2d 1156, 1159 (Fla. 1st DCA 1988), we do not find that there was “good cause” to support an evaluation. The Guardian ad Litem program attorney assigned to this case takes no position.

While we acknowledge that “past conduct” may be taken into consideration when determining whether a parent has been able to meet the needs of the child, the information relied upon regarding the mother’s alleged inability to parent her daughter is over eight years old. Id. The child is now ten. Mental illness, alone, is insufficient to demonstrate the good cause required to order a psychological evaluation. See In re T.D., 537 So.2d 173,175-76 (Fla. 1st DCA 1989) (finding, in part, that where there were no findings of abuse, abandonment or neglect, significant mental deficiencies by the mother were not enough to predicate a finding of prospective neglect in parental rights termination). Where there is scant, if any, evidence that the child is at risk of abuse, abandonment or neglect, beyond the mother’s mental illness, we find that the court departed from the law in ordering her evaluation.

We grant the petition insofar as it seeks to quash the psychological evaluation of the mother and remand for proceedings consistent with this opinion.

Petition Granted.

MAY, C.J., STEVENSON and CONNER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Manubens v. Claudio Manubens, 198 So. 3d 1072 (Fla. 5th DCA 2016)
    …After conducting a hearing, the trial court granted the motion, explaining that the motion was granted because the wife was homeschooling the children. “Certiorari jurisdiction lies to review an order compelling a mental examination.” J.B. v. M.M., 92 So. 3d 888, 889 (Fla. 4th DCA 2012). However, certiorari relief can only be granted if the trial court’s order amounts to a departure from the essential requirements of the law, resulting in a miscarriage of justice. In re G.D., 870 So. 2d 235, 237 (Fla. 2d DC…
  • Oldham v. Hillary E. Greene, 263 So. 3d 807 (Fla. 1st DCA 2018)
  • …avage, 509 So. 2d 1097, 1099 (Fla.1987)). “If this threshold requirement is met, then certiorari will only be granted when the order amounts to a departure from the essential requirements of the law.” Id. This is such a case. See e.g., J.B. v. M.M., 92 So. 3d 888, 889 (Fla. 4th DCA 2012) (holding that certiorari jurisdiction lies to review an order compelling a psychological evaluation under Florida Rule of Juvenile Procedure 8.250(b)). Section 39.407(15) of the Florida Statutes (2014) provides: At any tim…

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