J.H. v. DEPARTMENT OF CHILDREN & FAMILIES

No. 4D05-3430.

924 So.2d 965 (2006)

J.H., the Father, Appellant, v. DEPARTMENT OF CHILDREN & FAMILIES, Appellee.

District Court of Appeal of Florida, Fourth District.

April 5, 2006.


Attorney(s) appearing for the Case

Kathleen K. Pena of Law Offices of Kathleen K. Pena, Pembroke Pines, for appellant.

Charles J. Crist, Jr., Attorney General, and Tricia D. Brissett, Assistant Attorney General, Fort Lauderdale, for appellee.


WARNER, J.

We reverse the order of the trial court which closed this dependency case by placing the dependent child in the care and custody of her paternal aunt and not the appellant father, but noted that "protective supervision is terminated, pending therapeutic recommendation—case is closed over father's objection." First, the child had not been in the aunt's custody for the required six months pursuant to section 39.622(9), Florida Statutes. Therefore,...

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