C.C. v. Department of Children & Families
C.C. v. Department of Children & Families
Opinion of the Court
We treat as a petition for writ of certiorari the appeal by C.C. (the mother) of a nonfinal order dismissing her petition for custody of her dependent child to be given to her brother and sister-in-law. See Department of Health & Rehabilitative Servs. v. Honeycutt, 609 So.2d 596, 597 (Fla. 1992); J.V. v. Department of Health & Rehabilitative Servs., 661 So.2d 1263 (Fla. 1st DCA 1995); In Interest of J.Z., 636 So.2d 726 (Fla. 2d DCA 1993). We grant the petition in part, deny it in part, and direct the trial court on remand to hold an evidentiary hearing on the mother’s petition.
As an interested person, the mother is entitled to have the trial court hear her petition, which essentially is a motion for modification of placement. See § 39.41(2)(a)9a, Fla. Stat. (1997)
To the extent the mother seeks to have this court grant her custody petition and direct the trial court to order the child placed immediately with her relatives, the petition for certiorari relief is denied.
CERTIORARI GRANTED IN PART and DENIED IN PART.
. As of October 1, 1998, that provision now appears in section 39.508(9)(a)8.a, Florida Statutes (Supp. 1998).
. As of October 1, 1998, that provision now appears in section 39.508(1 l)(b), Florida Statutes (Supp. 1998).
Reference
- Full Case Name
- C.C. v. DEPARTMENT OF CHILDREN AND FAMILIES
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- Published