Department of Children & Family Services v. M.L. (984 So. 2d 606, 2008)

SHEPHERD, J.

The Florida Department of Children and Family Services (DCFS) seeks certio-rari relief from a dependency court order squelching DCFS’s attempt to reinstate supervision over a minor child, N.P., three years after entry of an order terminating supervision based upon a provision in the earlier order in which the court “expressly retained] jurisdiction of th[e] cause for the purpose of making such further or other orders as may be necessary for the welfare of the child[ ].” N.P. recently was brought into shelter care as a result of a domestic violence incident. The protective order entered three years earlier emanated from a completely unrelated DUI and child neglect incident, and upon both parent and child being afforded the full panoply of rights due them in a dependency proceeding.

DCFS argues that because the trial court retained jurisdiction three years earlier, DCFS simply can proceed based upon an amended case plan. See § 39.6013, Fla. Stat. (2007). We disagree. Section 39.6013 contemplates amendments to a case plan still in effect, a circumstance not present here. We further agree with the reasoning of the Fourth District Court of Appeal that sanctioning the abridged process sought by DCFS constitutes a denial of due process to both the parent and child in this case. See A.G. v. Dep’t of Children & Families, 721 So.2d 414, 414 (Fla. 4th DCA 1998). The trial court properly ordered DCFS to initiate a new dependency proceeding.

Petition denied.