CopyCited 22 times | Published | Florida 1st District Court of Appeal
...s has discretion concerning the placement of dependent children when committed to its custody, and its discretion is not subject to judicial scrutiny regarding its identification of a specific placement. [4] We do not disagree with this proposition. Section
409.145(1), Florida Statutes (1989), [5] requires the Department to "conduct, supervise, and administer a program for dependent children and their families." Additionally, "[w]ithin funds appropriated," section
409.165(1) requires the Departm...
CopyCited 16 times | Published | Florida 3rd District Court of Appeal | 1994 WL 479161
...The legislature created HRS to be the executive department charged with the protection of dependent children. In re J.S.,
444 So.2d at 1150. The authority of HRS to protect children stems either from its enabling act, in chapter 409, Florida Statutes (1991), see §
409.145, or a court order divesting the court's exclusively original jurisdiction....
...Indeed, a number of Florida statutes delegate overlapping and concurrent power over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. Hollis,
439 So.2d at 948; see, e.g., §§
39.001, 39.40, 39.404, 39.41,
409.145, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...1982), provides: "Dependent child" means any person under the age of 18, or under the age of 21 and still in school, who has been deprived of parental support or care by reason of death, continued absence from the home, or physical or mental incapacity of a parent. [3] § 409.145(3)(a), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...(emphasis supplied) This means that the welfare of the dependent child is the supreme consideration. Consistent with that overlying philosophy is the requirement that every reasonable effort to reunite the child with the family should be taken. See also Section 409.145, Florida Statutes (1981)....
...d adoption at this point is still not an acceptable option. We have determined, however, that it was error to terminate the HRS supervision of the children in this case. K.H. and M.C. are entitled to HRS supervision because they are still dependent. Section 409.145(2)(a), Florida Statutes (1981), provides that the following children are entitled to HRS assistance: [a]ny child who has been temporarily or permanently taken from the custody of his parents, custodians or guardians in accordance with those provisions in Chapter 39 that relate to dependent children. The statute speaks in broad terms and when Section 409.145, Florida Statutes (1981), is read as a whole, it is clear that the legislature did not intend to differentiate between classifications of dependent children....
...Based upon the above, we hold that HRS supervision was incorrectly terminated in this case. To hold otherwise would prevent equal treatment between classifications of dependent children, without any logical reasons related to the goals and objectives of sections
39.001,
409.145, Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...1985), the Florida Supreme Court agreed with the parents interpretation of section 409.168, Florida Statutes, and disagreed with and quashed the decision in In Interest of C.B. Because under legislated public policy the objective is "the reunification of families who have had children placed in foster homes or institutions" (§ 409.145(1)(b), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...1st DCA 2001) ("[T]he test is whether a ... rule gives effect to a `specific law to be implemented,' and whether the ... rule implements or interprets `specific powers and duties.'"). As "specific authority," Rule 65C-16.008(2) cites sections
120.57,
120.68, 409.026(8), and
409.145. As "law implemented," Rule 65C-16.008(2) cites sections
120.68 and
409.145....
...ion once an agency has made a decision ordinarily after a hearing, except where hearing has been waived. Several years before the amended rule was proposed, section 409.026(8) was repealed by chapter 96-175, section 111, Laws of Florida. Finally, section 409.145 confers broad powers and duties on DCFS regarding the care of dependent children and makes specific mention of "adoption placement," but has nothing to say about excluding the selection of adoptive homes from the discipline and protections the Administrative Procedure Act affords....
...nd operation of the Administrative Procedure Act. See Fla. Bd. of Med. v. Fla. Acad. of Cosmetic Surgery,
808 So.2d 243, 253 (Fla. 1st DCA 2002); S.W. Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594, 599 (Fla. 1st DCA 2000). [5] Section
409.145, Florida Statutes (2003) provides: (1) The department shall conduct, supervise, and administer a program for dependent children and their families....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 818802
...Accordingly, DCF had the burden of proving this charge of specific misconduct by a preponderance of the evidence. Osborne Stern & Co. II,
670 So.2d at 934-35. We understand that children in the foster care program are subject to the protection, care, guidance, and supervision of DCF. §
409.145(2)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...The Florida legislature has not yet given the juvenile courts of this state a similar authorization. Here, the trial judge very reluctantly entered its order, seeing no way around it, in light of the clear language of chapter 39, Florida Statutes. We reluctantly agree. In our view, section 409.145(4), Florida Statutes, does not permit an interpretation argued by appellants whereby we would extend juvenile jurisdiction to L.Y....
...See Order Granting Child's Motion for Court to Retain Jurisdiction in In re J.O., No. 92-16101 (Fla. 11th Cir. Ct. June 2, 1997). For individuals like L.Y. and Melody, who have previously been committed to the legal custody of the Department for placement in foster care as dependent children, subsection 409.145(3)(a) authorizes the Department to "continue to provide the services of the children's foster care programs to individuals 18 to 21 years of age" so long as the individual is enrolled in an approved educational program. Once the Department begins to provide services, its obligation is not voluntary. Subsection 409.145(3)(b) mandates that the services continue so long as the individual complies with the statutory requirements....
...I agree with Judge Karlan that courts are obligated to construe related statutes in pari materia. However, in light of the plain language of subsection 39.40(2), Florida Statutes (1995), and the consistent definition of children in Chapter 39 as individuals under the age of 18, I cannot conclude that subsection 409.145(4) alone, which requires the court to "cooperate," confers jurisdiction beyond age 18....
CopyCited 3 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 19509, 2000 WL 1745394
...[2] Plaintiff represented to the Court at the hearing that the Florida Statute that allows DCF to continue benefits to qualified foster children through age 21 was recently amended to extend such discretionary benefits through age 23. Plaintiff will turn 20 in December, 2000. [3] Florida Statutes Section 409.145(a) authorizes the DCF to continue to provide the services of the children's foster care program to individuals 18 to 21 years of age who are enrolled in a program to obtain a high school equivalency diploma....
CopyCited 2 times | Published | District Court, S.D. Florida | 2001 WL 1548687
...that agency personnel deliberately failed to learn what was occurring in the foster home." Taylor,
818 F.2d at 796. The question becomes what the defendants knew and what action or inaction resulted as well as what obligation they had under statute. Section
409.145(1), Florida Statute (2001), the relevant portion of which is unchanged from the 1990 version, holds: The department shall conduct, supervise, and administer a program for dependent children and their families....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 803
...rule gives effect to a ‘specific law to be implemented,’ and whether the ... rule implements or interprets ‘specific powers and duties.’ ”). . As “specific authority,” Rule 65C-16.008(2) cites sections
120.57,
120.68, 409.026(8), and
409.145. As “law implemented,” Rule 65C-16.008(2) cites sections
120.68 and
409.145....
...n once an agency has made a decision' — ordinarily after a hearing, except where hearing has been waived. Several years before the amended rule was proposed, section 409.026(8) was repealed by chapter 96-175, section 111, Laws of Florida. Finally, section 409.145 confers broad powers and duties on DCFS regarding the care of dependent children and makes specific mention of “adoption placement,” but has nothing to say about excluding the selection of adoptive homes from the discipline and protections the Administrative Procedure Act affords....
...pend operation of the Administrative Procedure Act. See Fla. Bd. of Med. v. Fla. Acad, of Cosmetic Surgery,
808 So.2d 243, 253 (Fla. 1st DCA 2002); S.W. Fla. Water Mgmt. Dist. v. Save the Manatee Club, Inc.,
773 So.2d 594, 599 (Fla. 1st DCA 2000). . Section
409.145, Florida Statutes (2003) provides: (1) The department shall conduct, supervise, and administer a program for dependent children and their families....
CopyCited 1 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 104830, 2010 WL 4118096
...re to prevent abuse and neglect of Moses by his adoptive parent (Counts VII-VIII); claims against DCF, HKI, First Health, and AHCA for violations of statutory duties prescribed by unspecified provisions of Chapter 39, Florida Statutes and Fla. Stat. § 409.145, "the state and federal EPSDT Act, among others" (Counts IX-X); additional individual negligence claims ("negligent operation of foster care system") against DCF and HKI (XI-XII); individual claims against HKI for intentional infliction of...
...For the same reasons, Defendants' argument that Counts IX and X do not state causes of action is rejected, notwithstanding Plaintiffs' failure to specify the particular statutory provisions Defendants are alleged to have violated. [12] Clearly, HKI has statutory duties under Chapter 39 and Section 409.145 of the Florida Statutes, as well as under the federal EPSDT Act....
...ich statutory provisions they contend Defendants violated, citing Twombly for the proposition that "more than labels and conclusions" are required. (Dkt. 52, p. 20). The Court agrees. In Counts IX and X, Plaintiffs refer generally to "Chapter 39 and section 409.145, Florida Statutes and the state and federal EPSDT Act, among others ....
CopyPublished | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 22967
...t agency personnel deliberately failed to learn what was occurring in the foster home.” Taylor,
818 F.2d at 796 . The question becomes what the defendants knew and what action or inaction resulted as well as what obligation they had under statute. Section
409.145(1), Florida Statute (2001), the relevant portion of which is unchanged from the 1990 version, holds: The department shall conduct, supervise, and administer a program for dependent children and their families....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 45
...ces has discretion concerning the placement of dependent children when committed to its custody, and its discretion is not subject to judicial scrutiny regarding its identification of a specific placement. 4 We do not disagree with this proposition. Section
409.145(1), Florida Statutes (1989), 5 requires the Department to “conduct, supervise, and administer a program for dependent children and their families.” Additionally, “[wjithin funds appropriated,” section
409.165(1) requires the D...
CopyPublished | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 21028, 2001 WL 1580127
...t's resources, and Plaintiffs' inability to bring a class action complaint before the juvenile court. Plaintiffs also claim that the jurisdiction of the juvenile courts does not extend to individuals in extended foster care pursuant to Fla.Stat. ง 409.145 (2001), and that the juvenile courts are unable to mandate compliance with federal statutory and to prevent the violation of constitutional rights....
...Accordingly, the remaining statutory claims, the Early and Periodic Screening, Diagnosis and Treatment claim (Count 5) and Title VI (Count 6) survive Younger. As juvenile jurisdiction is not extended to individuals in extended foster care pursuant to Fla.Stat. ง 409.145, however, such claims are not barred by Younger as the first Middlesex prong is not met as there is no ongoing state proceeding....
...of Children & Family Servs.,
770 So.2d 220 (Fla. 3d DCA 2000); L.Y. v. Dep't. of Health & Rehabilitative Servs.,
696 So.2d 430, 431 (Fla. 4th DCA 1997). Accordingly, Younger does not mandate abstention from hearing claims of individuals in extended foster care pursuant to Fla.Stat.
409.145....
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1743, 1986 Fla. App. LEXIS 9266
subject to HRS’s supervision and protection. See Section
409.145(2)(a), Florida Statutes (1983); In the Interest
