In Re JT

947 So. 2d 1212, 2007 WL 188243
CourtDistrict Court of Appeal of Florida
DecidedJanuary 26, 2007
Docket06-1523, 2D06-296, 2D06-416, 2D06-1037, 2D06-1220
StatusPublished
Cited by1 cases

This text of 947 So. 2d 1212 (In Re JT) 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
In Re JT, 947 So. 2d 1212, 2007 WL 188243 (Fla. Ct. App. 2007).

Opinion

947 So.2d 1212 (2007)

In the Interest of J.T., a child,
Department of Children and Family Services, Appellant,
v.
Heart of Adoptions, Inc., R.T., and Guardian Ad Litem, Appellees.
A.M., Appellant,
v.
Heart of Adoptions, Inc. R.T., and Guardian Ad Litem, Appellees.
R.T., Petitioner,
v.
Department of Children and Family Services, Guardian Ad Litem, and A.M., Respondents,
Heart of Adoptions, Inc., Petitioner,
v.
Department of Children and Family Services, A.M., R.T., and Guardian Ad Litem, Respondents.
R.T., Petitioner,
v.
Department of Children and Family Services, A.M., and Guardian Ad Litem, Respondents.

Nos. 06-1523, 2D06-296, 2D06-416, 2D06-1037, 2D06-1220.

District Court of Appeal of Florida, Second District.

January 26, 2007.

*1213 Beverly Hunt Diehr, Assistant Regional Legal Counsel, Department of Children & Family Services, Tampa, and Cheryl Fuller, Sarasota, Department of Children & Family Services, for Appellant/Respondent Department of Children & Family Services.

Jeffrey A. King, Special Appointed Counsel, Tampa, for Appellant/Respondent A.M.

Jeanne T. Tate and Danelle D. Barksdale of Jeanne T. Tate P.A., Tampa, for Appellee/Petitioner Heart of Adoptions Inc.

Debra M. Salisbury of Law Office of Debra M. Salisbury P.A., Sarasota, for Appellee/Petitioner R.T.

Thomas Wade Young and Andrea R. Hack, Guardian ad Litem Program, Orlando, for Appellee/Respondent Guardian ad Litem Program.

CASANUEVA, Judge.

The Department of Children and Family Services and A.M., the unmarried biological father of J.T., challenge the circuit court's decision to "relinquish its jurisdiction" to another division of the circuit court after Heart of Adoptions, Inc., was permitted to intervene in this dependency case. At the time that Heart of Adoptions entered this case, J.T. was almost oneyear old. She had been placed in emergency shelter care at birth because her birth mother, R.T., was homeless and tested positive for drugs. Her biological father's *1214 history, like her birth mother's, included drug and alcohol abuse, mental illness, and incarceration. By the time J.T. was one month old on January 26, 2005, she had been declared a dependent child and placed in a foster home, where she has lived ever since.[1]

The Department developed case plans with a goal of reunification for the birth mother and the biological father, with an anticipated completion date of December 29, 2005. It is apparent from the appendices submitted by the parties that neither R.T. nor A.M. substantially complied with the case plans. In September 2005, when J.T. was approximately nine months old, R.T. decided to sign surrenders of her parental rights to Heart of Adoptions. Although the birth mother's counsel notified the Department and the Guardian ad Litem that R.T. had signed surrenders, the attorney apparently did not immediately reveal that the surrenders were in favor of a private adoption agency. That information came to light in early December 2005, when Heart of Adoptions filed its petition to intervene in and to dismiss the dependency action. As an alternative to dismissal, Heart of Adoptions sought relinquishment of the dependency court's jurisdiction to the family court division of the circuit court.

After a judicial review hearing in the case during the morning of December 14, 2005, the circuit court heard Heart of Adoptions' petition to intervene that afternoon. At the intervention hearing, the circuit court observed that the biological father had only partially complied with his case plan but also—and even more significantly—that he wanted J.T. to be adopted by the foster parents who had taken care of her almost her entire life. With reluctance, the circuit court granted Heart of Adoptions' petition to intervene and relinquished jurisdiction to the circuit court's family division for further proceedings. Rather than immediately transferring custody of the child to Heart of Adoptions, however, the circuit court did not disturb J.T.'s situation; she remained in the foster parents' care under the Department's supervision.

Almost immediately, the Department and A.M. appealed the circuit court's rulings (consolidated case numbers 2D06-297 and 2D06-416). Before the appellees had filed their briefs in this court, the circuit court, in the context of a hearing on the Department's motion to stay, decided to reverse its earlier decision. Accordingly, on February 16, 2006, the circuit court entered an order retaining jurisdiction in the dependency court for further proceedings in this matter, which the birth mother appealed (case number 2D06-1037, later converted by this court to a petition for certiorari). Then, both the birth mother and Heart of Adoptions filed petitions for writs of certiorari, mandamus and/or prohibition directed to the circuit court's February 2006 order (consolidated case numbers 2D06-1220 and 2D06-1523). This court directed that all of these related matters be considered by one panel and has now consolidated all of these cases for purposes of this opinion.

For the reasons that follow, we hold that this court lacks jurisdiction to consider the appeals filed by the Department and A.M., and we convert those appeals to petitions for certiorari. We also hold that the December 2005 order does not merit certiorari review and deny the petitions. Our denial of the Department's and A.M.'s petitions *1215 renders moot any jurisdictional problem in the circuit court's reversal of itself in the February 2006 order. Therefore, we also deny R.T.'s and Heart of Adoptions' petitions for certiorari and/or mandamus or prohibition. The effect of all these decisions is that the dependency court maintains its jurisdiction over J.T.'s case, at least for the present.

The December 2005 Order

The Department and A.M. confront a critical obstacle in their challenge to the December 2005 order. The impediment derives from the fact that the court's order is merely a preliminary procedural step on the way to the order that they ultimately want to challenge—a decision that a private adoption is in J.T.'s best interest pursuant to section 63.082(6)(c), Florida Statutes (2006). The Department does not and acknowledges that it cannot challenge the propriety of permitting Heart of Adoptions to intervene in the dependency action pursuant to section 63.082(6)(b), which provides as follows:

Upon execution of the consent of the birth parent, the adoption entity shall be permitted to intervene in the dependency case as a party in interest and shall provide the court having jurisdiction over the minor pursuant to the shelter or dependency petition filed by the department with a copy of the preliminary home study of the prospective adoptive parents and any other evidence of the suitability of the placement. . . . A preliminary home study must be provided to the court in all cases in which an adoption entity has intervened pursuant to this section.

Heart of Adoptions provided the circuit court with the statutorily required home study. However, the circuit court specifically halted the process before taking the next steps as required by section 63.082(6)(c):

Upon a determination by the court that the prospective adoptive parents are properly qualified to adopt the minor child and that the adoption appears to be in the best interest of the minor child, the court shall immediately order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity. . . .

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Related

R.H. v. Department of Children & Family Services
981 So. 2d 1252 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
947 So. 2d 1212, 2007 WL 188243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jt-fladistctapp-2007.