R.L. AND J.M., AS FORMER FOSTER, ETC., APPELLANTS,
v.
W.G., PROSPECTIVE ADOPTIVE, ETC., ET. AL., APPELLEES
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Former foster parents appealed the denial of their motion to intervene in adoption proceedings for a child in their care. The Fifth District Court of Appeal affirmed the trial court's decision, holding that when a biological parent with intact parental rights consents to placement with a prospective adoptive parent who is deemed qualified and the placement is in the child's best interest, the former foster parents lack standing to intervene absent specific circumstances like a pending adoption petition or a foster license issued specifically for that child.
The trial court properly denied the motion to intervene. When a biological parent with intact parental rights consents to placement with a prospective adoptive parent and the trial court finds the prospective parent qualified and the placement in the child's best interest, the former foster parents lack standing to intervene unless they can demonstrate circumstances that would give them a recognizable legal interest, such as a pending adoption petition or a foster license issued specifically for that child.
[1] A parent's decision to place a child with a prospective adoptive parent, while parental rights are intact, is exclusively a parental decision, subject only to the court's…
[2] A trial court must immediately order the transfer of custody to a qualified prospective adoptive parent when the court finds the placement is in the child's best interest…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When the trial court found, as it did here, that the prospective mother was qualified to adopt and that C.M.'s placement with her was in the child's best interest, the court was required to "immediately order the transfer of custody" of the child to the prospective mother.”
Establishes the mandatory nature of the trial court's obligation to transfer custody when statutory requirements are met.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Department of Children and Families petitioned to terminate the mother's parental rights. The mother, whose rights remained intact, consented to a…
The full statement of facts, procedural history, and disposition for this case are member content.
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R.L. and J.M. (the “former foster parents”) appeal an order denying their motion to intervene in proceedings regarding C.M., a minor child. We affirm.
After the Department of Children and Families (“DCF”) petitioned to terminate the mother’s parental rights, she elected to allow her cousin, W.G. (“the prospective mother”) to seek to adopt C.M. The trial court found the prospective mother qualified to adopt, and ordered C.M.’s placement changed from the former foster parents to her. The trial court also found that the child’s placement with the prospective mother was the least restrictive and most appropriate family-like placement available consistent with the best interests and needs of the child. Subsequently, the former foster parents moved to intervene and to set aside the placement change. They asserted their desire to adopt C.M. and her two half-siblings. The trial court denied the former foster parents’ motion to intervene, and this appeal followed.
C.M.’s mother, whose parental rights were still intact, consented to C.M.’s placement with an adoption entity. That consent was “valid, binding, and enforceable ....” § 6S.082(6)(a), Fla. Stat. (2014). When the trial court found, as it did here, that the prospective mother was qualified to adopt and that C.M.’s placement with her was in the child’s best interest, the court was required to “immediately order the transfer of custody” of the child to the prospective mother. § 63.082(6)(d), Fla. Stat. (2014). The mother’s choice of placement with a prospective parent when her parental rights were still intact was an exclusively parental decision. The decision was subject only to the trial court determining that the prospective parent was properly qualified and that the adoption was in C.M.’s best interests. § 63.082(6)(d), Fla. Stat. (2014); In re S.N.W., 912 So.2d 368, 373 n. 4 (Fla. 2d DCA 2005) (noting § 63.082(6)(d) is “explicit recognition of the parents’ constitutional right to the care, custody, and control of their children” (citing In re C.W.W., 788 So.2d 1020, 1023 (Fla. 2d DCA 2001))).
The instant case is distinguishable from I.B. v. Department of Children & Families, 876 So.2d 581 (Fla. 5th DCA 2004). In I.B., this Court held that a foster family had standing to intervene when they had a pending petition to adopt, they alleged an agreement with DCF to adopt the child in question, and the lower court ordered placement of the child elsewhere without considering the child’s best interest. Id. at 582-83, 587-88. This Court further observed that the grant of a foster parent license “specifically for [that] child” may have caused the foster family to “develop[ ] a stronger than normal bond with the child.” Id. at 587. In the instant ease, there is no allegation of an agreement to adopt C.M. or a foster license issued specifically for C.M., and the former foster parents did not have a pending adoption petition. The former foster parents point to no other basis for a “stronger than normal bond with” C.M. Further, unlike I.B., the trial court held a hearing on, and made findings regarding, C.M.’s best interests. Therefore, we find I.B. inapposite. See R.H. v. Dep’t of Children & Families, 988 So.2d 673, 677 (Fla. 4th DCA 2008) (noting I.B. merely required evidentiary *1056hearing on best interests of child under facts and circumstances of each case); see also D.C. v. J.M., 133 So.3d 1080, 1081-82 (Fla. 3d DCA 2014) (quashing order allowing foster parents to intervene).
For these reasons, we affirm the trial court’s order.
AFFIRMED.
ORFINGER, WALLIS and LAMBERT, JJ., concur.
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In re Adoption OF K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014)…he separate adoption proceeding. See In re S.N.W., 912 So. 2d 368, 373 (Fla. 2d DCA 2005). . Grandmother is correct that section 63.082(6)(a) only applies when a child is in DCF custody. See § 63.082(6)(a), Fla. Stat. (2013); see also R.L. v. W.G., 147 So. 3d 1054 (Fla. 5th DCA 2014). Though not apparent from the opinion, the child in that case was in DCF custody. . Child has an appointed guardian ad litem in the dependency proceeding but not in the adoption proceeding. The guardian ad litem filed an amicus…
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W.K. and M.K. v. Dep't OF Child. & Families, 230 So. 3d 905 (Fla. 4th DCA 2017)…ly participants. See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v. Dep’t of Children & Families, 981 So. 2d 1272, 1272 (Fla. 1st DCA 2008); D.C. v. J.M., 133 So. 3d 1080, 1081-82 (Fla. 3d DCA 2014). The foster parents cite to R.L. v. W.G., 147 So. 3d 1054 (Fla. 5th DCA 2014), claiming that their “stronger than normal bond” with the child gives them standing to contest the removal of the child from their care. Nothing in R.L. supports the foster parents’ contention. R.L. held that the foster parents d…
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Y.G. v. Dep't of Child. & Families, 246 So. 3d 509 (Fla. 1st DCA 2018)
Authorities Cited
- In the Interest of C.W.W. v. State, 788 So. 2d 1020 (Fla. 2d DCA 2001)
- In the Interest of S.N.W. v. S.C.W. & Dep't of Child. & Fam. Servs., 912 So. 2d 368 (Fla. 2d DCA 2005)
- I.B. and D.B. v. Dep't of Child. & Families, 876 So. 2d 581 (Fla. 5th DCA 2004)
- Johnson v. Crews, 133 So. 3d 1080 (Fla. 1st DCA 2014)
- R.H. and K.H. v. Dep't of Child. & Families, 988 So. 2d 673 (Fla. 4th DCA 2008)