J.L. v. G.M.
J.L. v. G.M.
Opinion of the Court
We grant certiorari review of two orders that allowed nonparties to intervene in a dependency proceeding. After the petition for dependency was filed by the Department of Health and Rehabilitative Services,
We have certiorari jurisdiction to review such orders because they pose a risk of irreparable harm to both the parents and the children. This could arise not only from interference with petitioners’ parental rights, but also with the actions deemed necessary by the Department to prevent risk to the child while the dependency case is pending. See Florida Dep’t of Health and Rehabilitative Servs. v. Doe, 659 So.2d 697 (Fla. 1st DCA 1995), rev. denied sub nom. Doe v. Browns, 668 So.2d 602 (Fla. 1996).
Rule 8.210(a), Florida Rules of Juvenile Procedure (1996), limits the parties to a juvenile proceeding. That rule provides:
(a) Definitions. For the purpose of these rules the terms ‘party’ and ‘parties’ shall include the petitioner, the child, the parent(s) of the child, the department, and the guardian ad litem, when appointed.
The trial court departed from the essential requirements of the law by allowing persons who do not fall within the definition of “par
The orders granting intervention are quashed. On remand, the trial court may consider whether the relatives should be granted nonparty participant status under rule 8.210(b), Florida Rules of Juvenile Procedure.
. Now the Department of Children and Family Services. Fla. L. ch. 96-403.
Reference
- Full Case Name
- J.L. and M.O. v. G.M., T.M., P.L., and A.O.
- Cited By
- 9 cases
- Status
- Published