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DEPARTMENT OF CHILDREN AND FAMILIES v. K.D.

No. 5D09-4639.

45 So.3d 46 (2010)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. K.D., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

Order Certifying Question October 6, 2010.

Attorney(s) appearing for the Case

Deborah A. Schroth , Children's Legal Services, Orange Park, and Kelly A. Swartz , Children's Legal Services, Rockledge, for Appellant.

Jennifer S. Paullin , Guardian ad Litem Program, Tavares, for Guardian ad Litem Program.

Charles Thurston , of Brevard County Legal Aid, Inc., Rockledge, and Christopher V. Carlyle and Shannon McLin Carlyle , of The Carlyle Appellate Law Firm, The Villages, for Appellee.

Bernard P. Perlmutter and Dale R. Dobuler , Certified Legal Intern, Coral Gables, Amicus Curiae for Florida's Children First and University of Miami School of Law Children and Youth Law Clinic.

LAWSON, J.

The Department of Children and Families ("DCF") appeals from an order determining that a dependent child, K.D., is eligible to participate in the Road to Independence ("RTI") Program. This program provides financial assistance to former foster children for educational and vocational training. § 409.1451(5)(b)1., Fla. Stat. (2009). The trial court determined that K.D. is eligible despite the fact that she had been living with a non-relative court-approved...

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