R.J., A CHILD, APPELLANT,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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R.J., a minor seeking placement in DCF custody after his parents refused to accept him home from psychiatric care, appealed a trial court order that adjudicated him dependent but denied placement in licensed care. The Fourth District reversed, holding that once a child is validly adjudicated dependent, the trial court has authority under Florida law to place the child in DCF custody, regardless of DCF's consent.
Once a child is validly adjudicated dependent, the trial court has the power to place the child in DCF's custody and compel DCF to provide services, regardless of whether DCF consented to being joined as a party. Section 39.521(1)(b)3 grants the court this authority, and the trial court's reliance on Y.C. was misplaced because that case addressed the consequences of an invalid dependency determination, not the court's power following a valid one.
[1] A trial court has the authority to place a child in the custody of the Department of Children and Families once the child has been validly adjudicated dependent.
[2] A petition for dependency may be filed by an attorney for the department or any other person with knowledge of the facts, commonly referred to as a 'private petition'.
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Join FLexlaw to unlock all legal intelligence“when any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power by order to...Require placement of the child either under the protective supervision of an authorized agent of the department in the home of one or both of the child's parents or in the home of a relative of the child or another adult approved by the court, or in the custody of the department....”
Section 39.521(1)(b)3 provides the statutory basis for the court's authority to place a dependent child in DCF custody without DCF's consent.
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Join FLexlaw to unlock all legal intelligenceR.J.'s parents expressed they would not accept him into their home following his discharge from a residential psychiatric center. R.J.'s attorney file…
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R.J., a minor at the time of the proceedings below who has since reached the age of majority,1 appeals the trial court’s order granting his petition for dependency but denying placemént in licensed care. ’ Because the court reached an incorrect conclusion of law concerning its authority to place R.J. in the custody of the Department of Children and Families (“DCF”) after adjudicating him dependent, we reverse and remand.
After R.J.’s parents expressed that they would not accept R.J. into their home following his discharge from a residential psychiatric center, RJ.’s attorney filed a Verified Petition for Adjudication of Dependency on R.J.’s behalf. The Petition asked the court to: 1) adjüdicate Appellant dependent; 2) join DCF to the action; 3) order R.J. to be placed in the custody of DCF; and 4) order DCF to conduct a suitability assessment. DCF filed a limited notice of appearance for the purpose of
objecting to the Petition’s request to join it as a party and place R.J. in its custody.
Considering the evidence presented at R.J.’s dependency hearing, the court adjudicated R.J. dependent and then turned to the issue of whether it could compel DCF to participate and/or place R.J. in DCF custody without DCF’s consent. Citing to Florida Department of Children and Families v. Y.C., 82 So.3d 1139 (Fla. 3d DCA 2012), it determined that it could not.
The issue of whether the trial court correctly applied the law in a dependency proceeding is reviewed de novo. In re K.B.L.V., 176 So.3d 297, 299 (Fla. 3d DCA 2015).
The purpose of chapter 39, Florida Stat-' utes (2014), is:
To provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; to promote the health and well-being of all children under the state’s care; and to prevent the occurrence of child abuse, neglect, and abandonment.
§ 39.001(l)(a), Fla. Stat. (2014). To that end, chapter 39 provides for the protection of a child who has “been abandoned, abused, or neglected by the child’s parfent *364or parents or legal custodians,” or who is “at substantial risk of imminent abuse, abandonment or neglect by the parent or parents or legal custodians” via dependency proceedings. §§ 39.01(15)(a),(f); 39.501, Fla. Stat. (2014).
In most cases, DCF is the party responsible for bringing a dependency action. However, section 39.501(1) provides that that “an attorney for the department, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true” may file a petition for dependency and thus also allows for a “private petition.” § 39.501(1), Fla. Stat. (2014) (emphasis added); Dep’t of Children & Families v. S.A.E., 184 So.3d 615 (Fla. 1st DCA 2016) (“A petition filed by a person who has knowledge of the facts but is not filing on behalf of the State is commonly referred to as a ‘private petition for dependency,’ to distinguish such a case from one initiated by the DCF.”). Furthermore, there is nothing in the statutes allowing for private petitions which compels DCF to participate. Accordingly, the court did not err in concluding that DCF was not required to be joined as a party to R.J.’s petition.
While nothing in chapter 89 requires DCF to participate in the dependency process, there are provisions which certainly grant the court the authority to compel DCF to provide services once a child is adjudicated dependent. Specifically, section 39.521 provides that:
(b) when any child is adjudicated by a court to be dependent, the court having jurisdiction of the child has the power by order to:
3. Require placement of the child either under the protective supervision of an authorized agent of the department in the home of one or both of the child’s parents or in the home of a relative of the child or another adult approved by the court, or in the custody of the department....
§ 39.521(l)(b)3., Fla. Stat. (2014) (emphasis added). Based on the foregoing, once a child is validly adjudicated dependent, the court has the power to place the child in DCF’s custody, thus forcing it to render services.
Indeed, the very case relied on by the court below supports this conclusion. Fla. Dep’t of Children & Families v. Y.C., 82 So.3d 1139 (Fla. 3d DCA 2012). In Y.C., the court held that the trial court’s underlying determination of dependency was “fundamentally invalid,” and “[wjithout a valid dependency determination, the trial court acted in excess of its jurisdiction in directing DCF to provide the services ordered.” Id. at 1141, 1144-45. It follows that so long as there is a valid dependency determination, the trial court may direct DCF to provide services.
Here, the court adjudicated R.J. dependent and this determination is not properly challenged on appeal. In light of its presumptively valid adjudication, the court had the authority to place R.J. in DCF’s custody. Accordingly, we reverse and remand for the trial court’s reconsideration. In doing so, we are not directing the court to place R.J. in DCF’s custody, but only clarifying that it has the authority to do so.
Reversed and Remanded.
MAY and GERBER, JJ., concur.
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