IN THE INTEREST OF D. A. W., A CHILD. JUVENILE CASE NO. 9321
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The juvenile court loses jurisdiction over a child upon entering a final order permanently committing the child to the State Department of Public Welfare for adoption.
Appellants filed a petition concerning a child previously committed to the State Department of Public Welfare for adoption. The respondent's brief ind…
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This is an appeal from an order of the Orange County Juvenile Court of July 13, 1967, granting respondent’s motion to dismiss and/or quash appellants’ petition of May 30, 1967, and again on appellants’ petition for rehearing of July 24, 1967, and order of the Honorable Richard B. Keat-ing, acting as Judge of the Juvenile Court of Orange County.
This is a case where this court has sympathy and personal feelings for the appellants, and we have read the briefs and original proceedings. As shown by In the Interest of D.A.W., Fla.App.1965, 178 So.2d 745; In the Interest of D.A.W., Fla.App.1966, 186 So.2d 786; In the Interest of D.A.W., Fla.1967, 193 So.2d 433; Woods v. State Department of Public Welfare, Fla.1967, 201 So.2d 562, this case has been in the courts many years.
Although the appellants have cited many reasons for reversal, the main issue in this case is, does the juvenile court lose jurisdiction over a child upon the entry of an order permanently committing a child to the State Department of Public Welfare for subsequent adoption under Section 39.-11, Florida Statutes, F.S.A.
It does not appear from the actual record, but the respondents’ brief recites that this child has been adopted by persons not a party to this suit. The date of this adoption is not known to the court, but the child is now approximately fourteen years old and adjusted to her new life.
We conclude the juvenile court loses jurisdiction after its final order permanently committing a child to the State Welfare Department or licensed child placing agency. To hold otherwise would put many adoptions in doubt.
Affirmed.
CROSS, C. J., and McCAIN, J., concur.
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Willis v. Fla. State Div. of Fam. Servs., 283 So. 2d 155 (Fla. 2d DCA 1973)…ther found that pursuant to F.S. § 39.11(6) F. S.A. the court was without power to exercise jurisdiction over the child after the entry of the order of permanent commitment, properly dismissed Willis’ motion. In the Interest of D.A.W., Fla.App.1970, 240 So. 2d 524. Willis also raises the question of whether the circuit court or juvenile court has jurisdiction over the custody of a minor child when the circuit court first assumes jurisdiction in a dissolution of marriage case and the juvenile court subsequent…
Authorities Cited
- Papadakos v. Spooner, 186 So. 2d 786 (Fla. 3d DCA 1966)
- In the Interest of D. A. W., 186 So. 2d 786 (Fla. 4th DCA 1966)
- In the Interest of D. A. W., 193 So. 2d 433 (Fla. 1967)
- In the Interest of D. A. W., 178 So. 2d 745 (Fla. 2d DCA 1965)
- Campbell v. State, 201 So. 2d 562 (Fla. 1967)