L.S., MOTHER OF L.S.-M., A CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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When a parent substantially complies with a case plan, the trial court must hold an evidentiary hearing on the parent's motion for reunification to determine whether returning the child would endanger the child or be contrary to the child's best interest before awarding permanent custody to the non-offending parent.
[1] When a parent substantially complies with a case plan in a dependency proceeding, due process requires the trial court to hold an evidentiary hearing on the parent's moti…
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 intelligence“To comport with due process when a child's permanent placement is at issue, a court must hold an evidentiary hearing.”
Citation to In re E.G-S., 113 So. 3d 77, 80 (Fla. 2d DCA 2013)
L.S., the mother of a minor child, had her case closed and custody permanently awarded to the father without an evidentiary hearing on her reunificati…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
L.S., MOTHER OF L.S.-M., A CHILD,
Appellant,
v. Case No. 5D19-0570
DEPARTMENT OF CHILDREN
AND FAMILIES,
Appellee.
________________________________/
Opinion filed June 25, 2019
Appeal from the Circuit Court for Lake County, Michael G. Takac, Judge.
Lawrence P. Cartelli, of Lawrence P. Cartelli, P.A., Tavares, for Appellant.
Kelley Schaeffer, Children's Legal Services, Bradenton, for Appellee.
PER CURIAM.
L.S., the mother of L.S.-M., a minor child, appeals the Order on Mother's Motion and Order Terminating Supervision and Relinquishing Jurisdiction that was entered without affording her an opportunity to present evidence.1 The circuit court expressly stated in its order that it did not perform a best interest analysis or address issues of time
EVANDER, C.J., BERGER and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest of K.M. v. Dep't of Child. & Fam. Servs., 86 So. 3d 556 (Fla. 2d DCA 2012)
- In the Interest of E.G-S. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 113 So. 3d 77 (Fla. 2d DCA 2013)
- J.G. v. Dep't OF Child. & Families, 220 So. 3d 555 (Fla. 3d DCA 2017)
- K.C. v. Dep't of Child. & Families, 227 So. 3d 783 (Fla. 5th DCA 2017)