G.M., THE MOTHER
v.
DEPT. OF CHILDREN & FAMILIES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An order requiring a parent to submit to a psychological evaluation as part of a case plan is reversible where it lacks findings that the parent's mental health is in controversy and good cause exists.
[1] An order requiring a parent in a dependency proceeding to submit to a psychological evaluation must be supported by findings that the parent's mental health is in controv…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe mother appealed an order in a dependency case requiring her to submit to a psychological evaluation as part of her case plan. The order contained …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Carolyn Bell, Judge; L.T. Case No. 50-2018-DP-000165-XXXX-MB.
Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, for appellant.
Andrew Feigenbaum of the Department of Children and Families, West Palm Beach, for appellee.
ON CONFESSION OF ERROR PER CURIAM.
G.M., the mother, appeals an order requiring her to submit to a psychological evaluation as part of her case plan. The order does not contain the requisite findings that the mother’s mental health was “in controversy” and that “good cause” was shown, see § 39.407(15) Fla. Stat. (2018); Fla. R. Juv. P. 8.250(b), nor does the record support such a finding, see Wade v. Wade, 124 So. 3d 369, 374-75 (Fla. 3d DCA 2013); Gasparino v. Murphy, 352 So. 2d 933, 935 (Fla. 2d DCA 1977). We accept the state’s concession of error and reverse and remand for the trial court to strike the psychological evaluation from the mother’s case plan in the disposition order. Reversed and remanded with instructions. GROSS, TAYLOR, and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Gasparino v. Corine Murphy, 352 So. 2d 933 (Fla. 2d DCA 1977)
- S.L. Wade v. D.T. Wade, 124 So. 3d 369 (Fla. 3d DCA 2013)