M.M., THE FATHER, PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, RESPONDENT
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A father challenges a dependency court order terminating the Department of Children and Family Services' supervision of his two children and restricting his visitation rights. The Florida Third District Court of Appeal upheld the termination of departmental supervision but reversed the portion of the order that delegated all decisions about the father's future contact with the children solely to the children's discretion, holding that the father retains the statutory right to petition the court for modification of visitation restrictions.
The termination of departmental supervision was proper because Florida Rule of Juvenile Procedure 8.345(b) permits a written report as sufficient notice and request for termination. However, the trial court departed from the essential requirements of law by restricting the father's ability to seek modification or increased contact solely to the children's discretion, as the father retains an unqualified statutory right under § 39.621(9) to return to court to seek modification of visitation restrictions.
[1] A party may request termination of agency supervision or court jurisdiction by written motion or in a written report to the court.
[2] A trial court has discretion to restrict or terminate a parent's visitation rights when necessary to protect a child's welfare and best interests.
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Join FLexlaw to unlock all legal intelligence“[A]ny party can request termination of agency supervision or the jurisdiction of the court by a written motion or in a written report to the court.”
Establishes the proper procedure for requesting termination of DCFS supervision under Florida Rule of Juvenile Procedure 8.345(b), validating the Department's use of a written report rather than a formal motion.
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Join FLexlaw to unlock all legal intelligenceTwo dependent children were under DCFS supervision. The mother achieved permanency with the children. The trial court terminated DCFS supervision and,…
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M.M., the father of the two dependent children in this case, seeks review of an order terminating the Department of Children and Families’ supervision of the children on the basis that the children have achieved permanency with the mother.1 We deny the petition insofar as it seeks to quash that portion of the trial court order terminating departmental supervision of the children. We grant the petition to the extent that the order limits the father’s ability to seek contact with his children in the future.
On the first point, the father argues the order denied him due process because departmental supervision was terminated without a motion. The father is incorrect. Florida Rule of Juvenile Procedure 8.345(b) states, “[A]ny party can request termination of agency supervision or the jurisdiction of the court by a written motion or in a written report to the court.” (emphasis added). In this case, the Department requested termination of supervision in the Judicial Review and Social Study Report filed with the court. The father’s attorney acknowledged receiving this report prior to the Judicial Review Hearing and never challenged the request for termination of supervision below. Thus, there is no departure from the essential requirements of law on this point.
On the second point, we reach a different result. It is axiomatic in dependency proceedings that “[t]he courts are charged with the duty of ensuring the best interests of the children are advanced.” B.Y. v. Dep’t of Children & Families, 887 So.2d 1253, 1256 (Fla.2004). It follows, a fortiori, that a trial court has discretion to restrict and even terminate a parent’s visitation rights when it is necessary to protect the welfare and best interest of the child. See F.E., 1 So.3d at 305. In this case, the dependency court denied the father visitation rights with his children at this time based upon expert testimony and reports which revealed that the children are in fear of the father and would suffer serious mental distress from any present contact with him. There is ample evidence in the record to support this decision.
We do agree with the father however, that the trial court departed from the essential requirements of law by restricting decisions concerning his future contact with his children solely to their discretion. Section 39.621(9) of the Florida Statutes affords the father the unqualified ability to return to the dependency court to seek modification or elimination of any court ordered restrictions on the father’s visitation rights. F.E., 1 So.3d at 306. Al*842though the wishes of the children in this case, who are at or near their teenage years, may, as a practical matter, impact the father’s future contacts and relationship with them, the dependency court has a non-delegable duty to consider any motion, for modification or, for increased contact filed by the father in the future. Id.; see also § 39.621, Fla. Stat. (2014) (“If a parent who has not had his or her parental rights terminated makes a motion for reunification or increased contact with the child, the court shall hold a hearing....”). Accordingly, we quash the order of the trial court insofar as it limits the father’s ability to seek future contacts solely to the discretion of the children.
Petition granted in part, denied in part.
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M.M. v. Fla. Dep't OF Child. & Families, 189 So. 3d 134 (Fla. 2016)…[*136] LEWIS, J. M.M., the Father in this case, seeks review of the decision of the Third District Court of Appeal in M.M. v. Department of Children & Family Services, 170 So. 3d 840 (Fla. 3d DCA 2015), on the ground that it expressly and directly conflicts with a decision of the First District in W.W. v. Guardian Ad Litem Program, 159 So. 3d 999 (Fla. 1st DCA 2015), on a question of law. The issue before us today is whether a p…
Authorities Cited
- B.Y. v. Dep't OF Child. & Families, 887 So. 2d 1253 (Fla. 2004)
- In the Interest of M.V.-B. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 19 So. 3d 381 (Fla. 2d DCA 2009)
- Moore v. State, 17 So. 3d 878 (Fla. 1st DCA 2009)
- R.M. v. Dep't of Child. & Families, 19 So. 3d 1029 (Fla. 5th DCA 2009)
- J.S. v. Fla. Dep't of Child. & Families, 75 So. 3d 808 (Fla. 1st DCA 2011)
- F.E. v. Dep't OF Child. & Families & the Guardian Ad Litem Program, 1 So. 3d 305 (Fla. 3d DCA 2009)