G.M. v. Dep't of Children & Families

District Court of Appeal of Florida

G.M. v. Dep't of Children & Families

254 So. 3d 508

CourtDistrict Court of Appeal of Florida

DecidedOctober 10, 2018

DocketNo. 4D18-2398

StatusPublished

This text of 254 So. 3d 508 (G.M. v. Dep't 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.

Bluebook

G.M. v. Dep't of Children & Families, 254 So. 3d 508 (Fla. Ct. App. 2018).

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Opinion

Per Curiam.

G.M., the mother, appeals an order requiring her to submit to a psychological evaluation as part of her case plan. The order does not contain the requisite findings that the mother's mental health was "in controversy" and that "good cause" was shown, see § 39.407(15) Fla. Stat. (2018) ; Fla. R. Juv. P. 8.250(b), nor does the record support such a finding, see Wade v. Wade , 124 So.3d 369, 374-75 (Fla. 3d DCA 2013) ; Gasparino v. Murphy , 352 So.2d 933, 935 (Fla. 2d DCA 1977). We accept the state's concession of error and reverse and remand for the trial court to strike the psychological evaluation from the mother's case plan in the disposition order.

Reversed and remanded with instructions.

Gross, Taylor, and Levine, JJ., concur.

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Per Curiam.

G.M., the mother, appeals an order requiring her to submit to a psychological evaluation as part of her case plan. The order does not contain the requisite findings that the mother's mental health was "in controversy" and that "good cause" was shown, see § 39.407(15) Fla. Stat. (2018) ; Fla. R. Juv. P. 8.250(b), nor does the record support such a finding, see Wade v. Wade , 124 So.3d 369, 374-75 (Fla. 3d DCA 2013) ; Gasparino v. Murphy , 352 So.2d 933, 935 (Fla. 2d DCA 1977). We accept the state's concession of error and reverse and remand for the trial court to strike the psychological evaluation from the mother's case plan in the disposition order.

Reversed and remanded with instructions.

Gross, Taylor, and Levine, JJ., concur.

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Bluebook (online)

254 So. 3d 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gm-v-dept-of-children-families-fladistctapp-2018.

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