In the Interest Of: B.r.c.m., a Minor Child, Petitioner v. Florida Department of Children and Families, Respondent

Summary

The Supreme Court of Florida quashed the Third District Court of Appeal’s summary denial of B.R.C.M.’s dependency petition and remanded for further proceedings, holding that the petition sufficiently alleged a prima facie case and that a child’s motivation to obtain immigration relief is irrelevant to the statutory analysis. The Court emphasized the purpose of Chapter 39 to protect children, requiring individualized factual findings. Justice Canady’s dissent, and the concurrences of Justices Lawson and Lewis, are noted at the end of the summary.