Department of Children & Families v. Coll
Department of Children & Families v. Coll
Opinion of the Court
The Department of Children and Families (DCF) petitions this court for a writ of prohibition challenging the circuit court’s jurisdiction to enter an order in a guardianship proceeding.
DCF is not a party to the guardianship proceedings, and it did not receive notice or an opportunity to be heard before the court entered the order. We agree with DCF that the circuit court exceeded its authority under the guardianship statutes. See Ch. 744, Fla. Stat. (2005).
The statutes requires one seeking developmental services to submit a written application to DCF. See § 393.065(1), Fla. Stat. (2005). DCF is required to notify the applicant of its eligibility determination. See § 393.065(3), Fla. Stat. (2005). DCF’s decision is subject to an administrative appeal. There is no requirement that DCF notify a court or any counsel in guardianship proceedings of its determination.
Nothing in the guardianship statutes authorizes the court to create its own procedure for assessment for developmental services, and there is no evidence that DCF has failed to comply with its obligations under section 393.065.
Accordingly, we grant the petition and quash the circuit court’s order.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.