R.D.S. v. Department of Children and Families
In consolidated dependency/TPR appeals, the Third District affirmed the adjudications of dependency and the denial of the petition to terminate parental rights of parents whose child had poorly managed insulin-dependent diabetes, holding competent substantial evidence supported the trial court's finding of no 'egregious conduct.' The court held the trial court erred under section 39.809(4) in allowing a non-party hospital's attorney to remain in the closed TPR proceedings, but found the error harmless. On certiorari, it quashed the portion of the order requiring the parents' psychological evaluation to assess for Munchausen syndrome by proxy, because no evidence, testimony, or allegation of that condition appeared at trial.
Key facts
- Parents appealed a trial court's adjudication of dependency and denial of their petition to terminate parental rights in a case involving their child's poorly managed insulin-dependent diabetes.
- The trial court found the parents engaged in medical neglect but did not find 'egregious conduct' sufficient to terminate parental rights, and ordered the parents to undergo psychological evaluation including assessment for Munchausen syndrome by proxy.
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Why it matters
The opinion supplies two reusable rules: (1) section 39.809(4) closure is mandatory, and a trial court must exclude non-party counsel over a parent's objection even when DCF does not object; and (2) certiorari lies to… — full analysis with a trial
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