Dept. of Children and Families v. M.N. and O.C.S.

199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489
CourtDistrict Court of Appeal of Florida
DecidedAugust 31, 2016
Docket3D16-1111
StatusPublished
Cited by2 cases

This text of 199 So. 3d 452 (Dept. of Children and Families v. M.N. and O.C.S.) 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.

Bluebook
Dept. of Children and Families v. M.N. and O.C.S., 199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489 (Fla. Ct. App. 2016).

Opinion

SALTER, J.

The Department of Children and Families (DCF) appeals a trial court order terminating DCF’s supervision over two children — K.C.S., an infant, and K.C.N., a nine-year-old — and closing the case. We reverse and remand the case for further proceedings.

The Proceedings in Florida

The appellees are the mother, M.N., and the father, O.C.S., of the two children. The parents were originally from Puerto Rico and moved to Miami in May 2013. In October 2015, DCF filed a petition to shelter both children when the infant tested positive for cocaine at birth and the mother admitted using cocaine a week before the birth. The father also tested positive for cocaine.

The older child, K.C.N., missed 53 days of school in 2014-15. The trial court granted the shelter petition. In November 2015, DCF filed a verified petition for dependency, and each parent consented to an adjudication of dependency. The court placed the children in the temporary custody of a maternal aunt residing in Puerto Rico, under the protective supervision of DCF. The paternal aunt was directed to supervise the parents’ visits with the children.

A case plan was filed in November 2015, with the primary goal of reunification and the concurrent goal of adoption. The mother’s tasks included parenting classes, individual therapy, and substance abuse evaluation and treatment. The father’s tasks included parenting classes and substance abuse evaluation and treatment. The trial court approved that case plan.

DCF’s judicial review social study report was filed on February 24, 2016. The case manager reported that the paternal aunt was concerned about, the lack of parent-child communication, that the parents were not engaging in the services to which they were referred, and that neither parent was in compliance with case plan tasks.

An updated judicial review social study report was filed the following month. The case manager reported that the mother had advised her that both parents were leaving for Puerto Rico. The case manager provided her with referrals for services in Puerto Rico. Although the mother advised that she would stay in contact with the case manager, she did not. This was the last contact with either parent. The court directed DCF to look into starting a case in Puerto Rico to supervise the children.

In April 2016, the court terminated DCF’s supervision in an order that provides:

[T]he Court hearby [sic] terminates supervision and closes the case over the Department’s objection. The children were placed with their paternal aunt, [E.B.-S.,] on November 17, 2015 in Puerto Rico. It is the Court’s finding that this matter be transferred to Puer-to Rico and if not' transferred, it should be closed with Custody remaining with the Paternal Aunt in Puerto Rico. The Department objects to the closure and finds that it is in the Children’s Best Interest for the case to remain open. At the time of the entry of this Order, *454 the Parents [sic] whereabouts are unknown and they have not engaged in any of their case plan tasks.

DCF filed a motion for rehearing arguing that there was no mechanism to transfer the case, and that the witnesses reside in Miami. DCF explained that it wanted to file a termination of parental rights (TPR) petition to allow the children to be adopted. DCF assured the court that it had jurisdiction over children it placed in Puerto Rico and could order their return.

The trial court scheduled a hearing for the following month, advising DCF that the court would close the case if the parents’ whereabouts were still unknown at the time of the further hearing. At that next hearing, the parents were not located and had not complied with any case plans. DCF argued it was not in the children’s best interest to close the case. DCF requested a judicial review to find the parents in non-compliance,' terminate their rights, and proceed to adoption. The court announced it would not conduct adoption proceedings for out-of-state children. The court then denied the motion for rehearing. DCF’s appeal followed.

Analysis

The standard of review of a question of law in a dependency proceeding — here, the application of the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501.542, Florida Statutes (2016) (the “ÚCCJEA”) — is de novo. Arjona v. Torres, 941 So.2d 451, 454 (Fla. 3d DCA 2006). Determinations regarding the transfer of a case to another jurisdiction based on the “inconvenient forum” provisions of the UCCJEA are a matter of the trial court’s discretion. K.I. v. Dept. of Children & Families, 70 So.3d 749, 753 (Fla. 4th DCA 2011).

In the present case, the record establishes that the trial court acquired, and had continuing, jurisdiction over the case and children because Florida is the children’s home state under the UCCJEA. Section 61.503(7) defines “home state” as:

(7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months' of age, the term means the state in which the child lived from birth with any of the persons mentioned.

The older child had been living in Florida with his parents for six consecutive months prior to the commencement of the proceedings, and the baby was in Florida and only a few days old at that time. Once DCF commenced the dependency proceedings in the children’s home state, the trial court had continuing jurisdiction under the statute. B.Y. v. Dept. of Children & Families, 887 So.2d 1253 (Fla.2004).

That jurisdiction carries with it the duty to “ensure that the best interests of the children are advanced,” id. at 1256, a duty that “exists during the dependency proceedings, and continues through the adoption proceedings.” Id. This duty exists to carry out the legislature’s goal that all dependency proceedings are to seek to achieve permanency for the children. §§ 39.001(h), .621, Fla. Stat. (2016). The trial court’s dismissal of the case without further provision for two children who had not reached permanency was inconsistent with that goal.

The trial court urged DCF to set up a referral of the children’s cases to a social services agency in Puerto Rico so that the case could be transferred there. DCF was unable to accomplish this, and the record reflects that no case was opened by a court or social services agency in Puerto Rico *455 when the Florida case was dismissed. Nonetheless, the trial court concluded that the children were in Puerto Rico and the parents could not be located in Florida, so that dismissal of the Florida case and a “transfer” of the case to Puerto Rico was warranted.

A Florida trial court does have the ability to transfer a case when it determines that another forum is more convenient. Section 61.520, “Inconvenient Forum,” in subpart (1), permits a court of this state which has jurisdiction to decline to exercise its jurisdiction if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.

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Cite This Page — Counsel Stack

Bluebook (online)
199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-children-and-families-v-mn-and-ocs-fladistctapp-2016.