Fort Lauderdale Divorce Lawyer Blog
In Florida’s child welfare system, the rights of caregivers to participate in dependency proceedings are governed by specific statutory provisions. When a caregiver seeks to oppose a change in a child’s placement, they must meet statutory criteria to obtain party status. This was demonstrated in a recent Florida decision in which the court quashed a trial court order granting caregivers limited party status because the statutory prerequisites were not met. If you are a caregiver or relative involved in a child placement dispute, consult a knowledgeable Miami family law attorney to understand your rights and obligations.
History of the Case
It is reported that a child, K.J., was removed from parental custody shortly after birth due to the mother’s substance abuse and placed with non-relative caregivers. Over nine months later, the Department of Children and Families (DCF) moved to transfer custody of K.J. to a maternal aunt in order to reunify K.J. with a sibling. The caregivers opposed the transfer and sought limited party status under section 39.522(3)(c)4.a., Florida Statutes.
It is alleged that the trial court granted the caregivers limited party status to contest the proposed change in placement. The court reasoned that because the caregivers had maintained custody for at least nine months and were willing to adopt, they were entitled to participate in the proceedings to determine the child’s best interests.
It is reported that DCF and the Guardian ad Litem filed a petition for a writ of certiorari, challenging the grant of party status. They argued that because the proposed change in placement was to reunite K.J. with a sibling, the caregivers were not entitled to the statutory presumption or corresponding procedural rights.
Status of Caregivers in Dependency Proceedings
On appeal, the court agreed with DCF and quashed the trial court’s order. The court engaged in a detailed analysis of section 39.522(3), Florida Statutes, which outlines the process for post-dispositional changes in physical custody.
Under section 39.522(3)(b)1., a rebuttable presumption favoring continued placement with the current caregiver arises only if five conditions are met, one of which is that the proposed placement is not intended to reunify the child with a parent or sibling. Because the proposed placement aimed to unite K.J. with a sibling, the caregivers were ineligible for the presumption.
The court explained that the statutory provision for granting party status in section 39.522(3)(c)4.a. applies only to caregivers who qualify for the presumption. As the caregivers in this case did not meet all five required conditions, they were not entitled to notice, to object, or to be granted limited party status. The court emphasized the importance of statutory construction and declined to interpret the statute in a way that would create procedural rights inconsistent with its text.
The court also highlighted the risk of interference with DCF’s efforts to achieve timely permanency for children when caregivers are improperly granted party status. As such, the appellate court concluded that the trial court’s order constituted a departure from the essential requirements of law and warranted certiorari relief.
Protect Your Rights With a Knowledgeable Miami Dependency Lawyer
Florida dependency law carefully delineates the rights of caregivers based on statutory criteria. If you are involved in a custody or placement matter, it is vital to understand the legal framework governing your participation. The Miami child custody attorneys at The Law Offices of Sandy T. Fox, P.A., are well-versed in dependency proceedings and can advocate for your interests with precision and care. Call us at 800-596-0579 or contact us online to schedule a confidential consultation.