Florida District Courts of Appeal, 2004

D.S. v. Department of Children & Family Services

Florida District Courts of Appeal · Decided September 22, 2004 · Gersten, Goderich, Schwartz

882 So. 2d 522; 2004 Fla. App. LEXIS 13891; 2004 WL 2101895 (Southern Reporter, Second Series)

Dissenting Opinion

SCHWARTZ, C.J.,

(dissenting).

I would vacate the orders terminating both parents’ parental rights and remand for a “least restrictive means” hearing and determination which were not undertaken *523below. See E.E.A. v. Department of Children & Family Servs., 846 So.2d 1250 (Fla. 2d DCA 2003); K.O. v. Department of Children & Families, 843 So.2d 353 (Fla. 5th DCA 2003); K.R. v. Department of Children & Family Servs., 843 So.2d 366 (Fla. 2d DCA 2003); L.B. v. Department of Children & Families, 835 So.2d 1189 (Fla. 1st DCA 2002).

Opinion of the Court

PER CURIAM.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.