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Keywords

jurisdictionattorneytrialappellant
jurisdictionattorneytrialappellant

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F.L.M. v. Department of Children & Families

Facts

The child, an orphan from Guatemala, arrived in the United States without a legal custodian and was living with various families. His parents had both died, and he had no legal guardian. He sought a declaration of dependency to apply for a residency work permit, but the trial court initially refused to grant this declaration, believing it required the Attorney General's consent.

The child, an orphan from Guatemala, arrived in the United States without a legal custodian and was living with various families. His parents had both died, and he had no legal guardian. He sought a declaration of dependency to apply for a residency work permit, but the trial court initially refused to grant this declaration, believing it required the Attorney General's consent.

Issue

Did the trial court have jurisdiction to declare the child dependent under Florida law without the consent of the Attorney General?

Did the trial court have jurisdiction to declare the child dependent under Florida law without the consent of the Attorney General?

Rule

A child is considered dependent under Florida law if they have no parent or legal custodian capable of providing supervision and care.

A child is considered dependent under Florida law if they have no parent or legal custodian capable of providing supervision and care.

Analysis

The court found that the trial judge's refusal to sign the order declaring the child dependent was based on a misunderstanding of the law regarding the necessity of the Attorney General's consent. The evidence presented at trial clearly established that the child had lost both parents and had no legal custodian, thus meeting the statutory definition of dependency.

The court found that the trial judge's refusal to sign the order declaring the child dependent was based on a misunderstanding of the law regarding the necessity of the Attorney General's consent. The evidence presented at trial clearly established that the child had lost both parents and had no legal custodian, thus meeting the statutory definition of dependency.

Conclusion

The court reversed the trial court's judgment and remanded the case with instructions to declare the child dependent under Florida law.

The court reversed the trial court's judgment and remanded the case with instructions to declare the child dependent under Florida law.

Who won?

The appellant child prevailed in the case because the court found that he met the statutory requirements for dependency and that the trial judge had erred in his understanding of jurisdiction.

The appellant child prevailed in the case because the court found that he met the statutory requirements for dependency and that the trial judge had erred in his understanding of jurisdiction.

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