M.P.L. v. Department of Children & Families
M.P.L. v. Department of Children & Families
Opinion of the Court
Affirmed. See O.I.C.L. v. Dep’t of Children & Families, 169 So.3d 1244 (Fla. 4th DCA 2015), rev. dismissed, No. SC15-1570, 205 So.3d 575 (Fla. Sept. 22, 2016).
Dissenting Opinion
dissenting.
Based on the same rationale as my dissenting opinion in O.I.C.L. v. Department
In contrast to section 39.01(15)(g), the fact that Appellant’s adult sister was a “responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care” is not determinative under section 39.01(15)(e), as the pertinent caregiver there is limited to “parents or legal custodians.”
The textual discrepancy between sections 39.01(15)(e) and 39.01(15)(g) can be eliminated with little difficulty by the legislature. It would also be easy for a court to do so, but not ■ authorized. See Antonin Scalia & Bryan A. Garner, Reading Law; The Interpretation of Legal Texts 439-40 (2012) (defining “separation of powers” as “[t]he division of' governmental authority into three branches—legislative, executive, and judicial—each with specified duties on which neither of the other branches .can rightfully encroach.”). I would reverse the trial court’s décision and find that Appellant established dependency under section 39.01(15)(e). As such, I dissent.
. Section 39.01(15), Florida Statutes, provides, in pertinent part, " 'Child who is found to be dependent' means a child who, pursuant to this chapter, is found by the court: ... (e) To have no parent or legal custodians capable of providing supervision and care ... or (g) To have been sexually exploited and to have no parent, legal custodian, or. responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care.” (emphasis added).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.