N.B. v. Department of Children and Families
A mother challenged a Florida judgment terminating her parental rights, arguing the Florida circuit court lacked UCCJEA subject matter jurisdiction because a California temporary emergency dependency proceeding was never formally terminated. The Third DCA affirmed, holding that California's transfer of the case necessarily evidenced a declination of further temporary emergency jurisdiction and effected a de facto termination of that proceeding, and that Florida, as the child's home state, retained jurisdictional priority.
Key facts
- A mother challenged a Florida judgment terminating her parental rights, arguing the circuit court lacked subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
- The mother contended that a California temporary emergency dependency proceeding was never formally terminated, which would have prevented Florida from exercising jurisdiction under the simultaneous-proceedings bar.
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Why it matters
The opinion gives Florida practitioners a reusable rule for UCCJEA disputes: a sister state's transfer order operates as a de facto termination of a temporary emergency proceeding, so section 61.519(1)'s… — full analysis with a trial
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