Department of Children v. T.R.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2005 DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. T.R., A CHILD, Appellee. No. 4D04-4620 [July 6, 2005] PER CURIAM. The trial court ordered the Department of Children and Family Services to place T.R., who was just shy of her eighteenth birthday, in the Subsidized Independent Living Program & the Road to Independence Scholarship Program. However, the child did not qualify for the programs because she had refused to be placed in a foster home and only children who have been in foster care qualify for placement in the programs. See § 409.1451(4)(c)2.a. and (5)(b)2.a., Fla. Stat. Therefore, the court erred in ordering the Department to place the child in the programs. Reversed. WARNER , K LEIN and TAYLOR, JJ., concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Moses Baker, Jr., Judge; L.T. Case No. 03-DP-300361. Jeffrey Dana Gillen, West Palm Beach, for appellant. Maxine Williams, Michelle Hankey and William W. Booth, West Palm Beach, for appellee. Bernard P. Perlmutter, Coral Gables, for Amici Curiae Florida s Children First, Inc. and University of Miami School of Law Children & Youth Law Clinic. Not final until disposition of timely filed motion for rehearing. 2

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