Opinion

O.I.C.L., a Minor Child v. Florida Department of Children and Families

  • 41 Fla. L. Weekly Supp. 405
  • 205 So. 3d 575
  • 2016 Fla. LEXIS 2072
Court
Supreme Court of Florida
Filed
Sep 22, 2016
Status
Published
Author
Canady
On the bench
Polston, Lewis, Quince, Canady, Labarga, Pariente, Perry
Cited by
4 cases

holding that appellate question pertaining to denial of private petition for dependency was moot because “an individual over the age of 18 fails to satisfy Florida’s statutory definition of a ‘child’ who can be adjudicated a dependent child”

How later courts described this case

  • holding that appellate question pertaining to denial of private petition for dependency was moot because “an individual over the age of 18 fails to satisfy Florida’s statutory definition of a ‘child’ who can be adjudicated a dependent child”

Written by the judges who cited it.

The opinion

CANADY, J.,

concurring in result.

I agree with the view that -this case should be discharged because it is moot. I would conclude that the retention of jurisdiction provided for in section 39.5075(6), Florida Statutes, does not apply when — as in this case — a private petition has been filed. .

The full statutory context makes clear that even if the court may act on a petition after a child has reached 18 years of age, the authority to do so extends only to petitions filed either by the Department of Children and Families or a community-based care provider — not to petitions filed by a private party. The petitions referred to in section 39.5075(6), which are subject to extended jurisdiction, must be understood to be petitions filed in accordance with section 39.5075(4), which provides: “If the child may be eligible for special immigrant juvenile status, the department or community-based care provider shall petition the court for an order finding that the child meets the criteria for special immigrant juvenile status.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.