DEPARTMENT OF CHILDREN AND FAMILIES vs S.T., PATERNAL AUNT, AND P.K., PATERNAL GRANDFATHER

Opinion

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

DEPARTMENT OF CHILDREN AND FAMILIES,

Petitioner,

v. Case No. 5D22-536

S.T., PATERNAL AUNT, AND P.K., PATERNAL GRANDFATHER,

Respondents.

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Opinion filed December 30, 2022

Petition for Certiorari Review of Order from the Circuit Court for Brevard County, Kelly J. McKibben, Judge.

Kelley Schaeffer, of Children’s Legal Services, Department of Children and Families, Bradenton, for Petitioner.

Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals, of Guardian ad Litem, Tallahassee, for Guardian ad Litem Program.

Sarah J. Campbell, of Jay and Campbell, PLLC, Stuart, and Ashley Severance, of Law Offices of Ashley Severance, Melbourne, for Respondents. WALLIS, J.

The Department of Children and Families ("DCF") joined by the

Guardian ad Litem ("GAL") (collectively "Petitioners") petition this court for a

writ of certiorari seeking review of the circuit court's order that permitted S.T.,

the paternal aunt, and P.K., the paternal grandfather, (collectively

"Respondents") to intervene in the underlying dependency proceeding and

obtain party status. Because neither Respondent can intervene as a party

in a dependency proceeding, we grant the petition and quash the circuit

court's order.

Our court has previously held that "[c]ertiorari lies to review an

interlocutory order granting a motion to intervene." Gil de Lamadrid v. De

Jesus Rivera, 272 So. 3d 845, 847 (Fla. 5th DCA 2019). Furthermore, we

have recognized in a post-termination matter, a "petition for writ of certiorari

is appropriate to review an order granting a participant's motion to intervene

as a party in a dependency proceeding," and "[t]he jurisdictional

requirements for certiorari review are met because the erroneous granting of

a participant's motion to intervene as a party 'may reasonably cause material

injury of an irreparable nature.'" Chew v. Roberts, 122 So. 3d 493, 496 (Fla.

5th DCA 2013) (quoting In re J.P., 12 So. 3d 253, 254 (Fla. 2d DCA 2009)).

Therefore, because the jurisdictional requirements for certiorari are met, we

2 turn our attention to whether the circuit court departed from the essential

requirements of the law. See Gil de Lamadrid, 272 So. 3d at 847.

Dependency proceedings are governed by Chapter 39, Florida

Statutes, and Florida Rules of Juvenile Procedure. Specifically, Florida Rule

of Juvenile Procedure 8.210(a) defines the terms "party" and "parties" as "the

petitioner, the child, the parent(s) of the child, the department, and the

guardian ad litem or the representative of the guardian ad litem program,

when the program has been appointed." Additionally, section 39.01(58),

Florida Statutes (2021), defines the term "party" as "the parent or parents of

the child, the petitioner, the department, the guardian ad litem or the

representative of the guardian ad litem program when the program has been

appointed, and the child." These definitions do not include any language that

would support the trial court's decision to allow either Respondent to

intervene as a party in this case. Therefore, the trial court departed from the

essential requirements of the law by allowing Respondents to intervene

when they do not fall within the definition of "parties" under the statute and

rule. See In re J.P., 12 So. 3d at 254–55 (concluding that circuit court

departed from the essential requirements of the law when it allowed the

maternal grandmother to intervene as a party in the dependency

proceeding).

3 Accordingly, we grant the petition for writ of certiorari and quash the

circuit court's order. On remand, the circuit court may consider whether

either Respondent should be allowed to receive notice and be heard as a

participant pursuant to section 39.01(57), Florida Statutes, and Florida Rule

of Juvenile Procedure 8.210(b).

PETITION GRANTED; ORDER QUASHED; REMANDED WITH INSTRUCTIONS.

LAMBERT, C.J., and EDWARDS, J., concur.