M.G. v. Department of Children & Families

District Court of Appeal of Florida

M.G. v. Department of Children & Families

161 So. 3d 481, 2014 Fla. App. LEXIS 10384, 2014 WL 2949445

District Court of Appeal of Florida·Decided July 1, 2014·No. No. 5D14-1256·Published

Opinion

PER CURIAM.

M.G., the natural mother of M.L. and R.G. II, appeals the order of disposition adjudicating her children dependent and relinquishing the court’s jurisdiction over the case. • The Department of Children and Families properly concedes that the trial court committed reversible error in failing to hold a disposition hearing as required by section 89.521, Florida Statutes. See § 39.521(1), Fla. Stat. (“A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in. the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having. been conducted.”). Accordingly, we reverse and remand for a properly noticed disposition hearing as required by section 39.521.

REVERSED AND REMANDED.

TORPY, C.J., EVANDER and COHEN, JJ., concur.

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PER CURIAM.

M.G., the natural mother of M.L. and R.G. II, appeals the order of disposition adjudicating her children dependent and relinquishing the court’s jurisdiction over the case. • The Department of Children and Families properly concedes that the trial court committed reversible error in failing to hold a disposition hearing as required by section 89.521, Florida Statutes. See § 39.521(1), Fla. Stat. (“A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in. the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having. been conducted.”). Accordingly, we reverse and remand for a properly noticed disposition hearing as required by section 39.521.

REVERSED AND REMANDED.

TORPY, C.J., EVANDER and COHEN, JJ., concur.

M.G. v. Department of Children & Families, 161 So. 3d 481, 2014 Fla. App. LEXIS 10384, 2014 WL 2949445 (Fla. Ct. App. 2014).

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161 So. 3d 481 (M.G. v. Department of Children & Families) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.