DC v. Department of Children & Families
This text of 966 So. 2d 1032 (DC v. Department of Children & Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
D.C., the natural parent, Appellant,
v.
DEPARTMENT OF CHILDREN & FAMILIES, Appellee.
District Court of Appeal of Florida, Fourth District.
Andrew A. Holness of Andrew A. Holness, P.A., Fort Lauderdale, for appellant.
*1033 Bill McCollum, Attorney General, Tallahassee, and Jeffrey P. Bassett, Assistant Attorney General, Children's Legal Services, Fort Lauderdale, for appellee.
PER CURIAM.
D.C. appeals an order adjudicating her minor children dependent and an order requiring her to submit to a psychological evaluation.
We affirm both the order adjudicating D.C.'s minor children dependent and the trial court's ruling that D.C. shall submit to a psychological evaluation. However, the order for D.C.'s psychological evaluation must be reversed because it fails to specify the "time, place, manner, conditions, and scope of examination."
Florida Rule of Juvenile Procedure 8.250(b) requires that an order to submit to a psychological evaluation specify the "time, place, manner, conditions, and scope of the examination". See § 39.407(15), Fla. Stat. (2006) (requiring that the procedures set out in the Florida Rules of Juvenile Procedure be followed when issuing an order to submit to a psychological evaluation). Here, the order states that "D.C. shall complete a psychological evaluation" and does not specify "time, place, manner, conditions, and scope of the examination". Thus, the trial court erred because its order does not comply with the requirements of rule 8.250(b).
Therefore, upon remand, consistent with this opinion, the trial court shall amend the order requiring D.C. to submit to a psychological evaluation.
Affirmed in Part, Reversed in Part, and Remanded.
GUNTHER, WARNER and GROSS, JJ., concur.
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Cite This Page — Counsel Stack
966 So. 2d 1032, 2007 Fla. App. LEXIS 16735, 2007 WL 3087464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dc-v-department-of-children-families-fladistctapp-2007.