Summary
holding that in a proceeding for adjudication of child as dependent as to mother, trial court's order terminating county's jurisdiction over child and placing child in father's care was premature, where the court placed the child with the father without requiring DCF to complete and file a home study on the father as dictated by statute
Summary of this case from J.P. v. Dept. of Child. FamOpinion
Case No. 3D02-1557.
Opinion filed April 16, 2003.
An Appeal from the Circuit Court for Miami-Dade County, Jeri B. Cohen, Judge. Lower Tribunal No. 01-15643.
Sanford Rockowitz, for appellant.
Calianne P. Lantz, Assistant District Legal Counsel, for appellee.
Before GODERICH, SHEVIN and RAMIREZ, JJ.
We affirm the order adjudicating the children dependent as to the mother, B.W. However, we reverse the disposition placing W.A.W. in the father's custody and the order terminating the Department's jurisdiction over W.A.W. Termination and disposition were premature because the court placed the child with the father without requiring the Department to complete and file a home study on the father as dictated by section 39.521(3)(b)(1), Florida Statutes (2001). M.B. v. Dep't of Children Family Servs., 785 So.2d 1240 (Fla. 5th DCA 2001).
We note that W.E.W. is already eighteen years old and no longer under the jurisdiction of the court. N.L. v. Dep't of Childrens Family Servs., 770 So.2d 220 (Fla. 3d DCA 2000); L.Y v. Dep't of Health Rehab. Servs., 696 So.2d 430 (Fla 4th DCA 1997).
Adjudication affirmed; cause remanded for further proceedings.