B.R., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES
CourtDistrict Court of Appeal of Florida
Date FiledMay 6, 2020
Docket3D19-1785
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed May 6, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-1785
Lower Tribunal No. 18-15596
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B.R., the Mother,
Petitioner,
vs.
Department of Children and Families and Guardian ad Litem
Program,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Michelle Alvarez Barakat, Judge.
Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third
Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for petitioner.
Thomasina F. Moore, Statewide Director of Appeals, and Joanna Summers
Brunell, Senior Attorney (Tallahassee), for respondent Guardian ad Litem Program;
Karla Perkins, for respondent Department of Children and Families.
Before SALTER, MILLER and LOBREE, JJ.
PER CURIAM.
B.R. (the “mother”), petitions this court for a writ of certiorari to review the
trial court’s disposition order requiring that she submit to a mental health evaluation
as part of her dependency case plan, which has the goal of her reunification with
A.G. (the “child”). For the following reasons, we deny the petition.
The child was born in September 2018, a month before the mother turned
eighteen, and was fathered by the mother’s stepfather. Two months later, he was
first sheltered by the Department of Children and Families (the “Department”),
which filed a verified petition for dependency alleging that he was abused and
neglected when found filthy, with a foul odor, while in the care of the father and
another adult, both appearing to be under the influence of drugs. The child was
briefly reunited with the mother but sheltered a second time in 2019, after she again
left the infant with the father in violation of a court order, and while the father was
under the influence. The child was placed in foster care and the matter was
scheduled for a disposition hearing, during which the mother took a consent plea for
negligence and abuse. In so doing, the mother admitted her need for trauma-
informed individual therapy, which was ordered by the court, but objected to the
accompanying order for a mental health assessment to ensure that she received the
correct services.
“Certiorari review is warranted when a nonfinal order: (1) cannot be remedied
on post-judgment appeal, (2) results in material injury for the remainder of the case,
2
and (3) departs from the essential requirements of law.” A.H. v. Dep’t of Children
& Families, 277 So. 3d 704, 707 (Fla. 3d DCA 2019). Because “[a] forced
psychological examination has serious privacy implications[,] people have the right
to be free from compulsory examination absent circumstances meeting the [legal]
requirements.” Oldham v. Greene, 263 So. 3d 807, 813 (Fla. 1st DCA 2018), see
also Wade v. Wade, 124 So. 3d 369, 374 (Fla. 3d DCA 2013). Generally, the
granting or denying of an order for a mental health evaluation is reviewed for abuse
of discretion, which can be overturned “only upon a conclusion that no judge could
reasonably have ordered such an evaluation.” E.P.V. v. Dep’t of Children &
Families, 278 So. 3d 749, 750 (Fla. 3d DCA 2019) (quoting Bailey v. Bailey, 176
So. 3d 344, 346 (Fla. 4th DCA 2015)).
Section 39.407(15), Florida Statutes (2019), provides:
At any time after the filing of a shelter petition or petition
for dependency, when the mental or physical condition,
including the blood group, of a parent, caregiver, legal
custodian, or other person who has custody or is
requesting custody of a child is in controversy, the court
may order the person to submit to a physical or mental
examination by a qualified professional. The order may
be made only upon good cause shown and pursuant to
notice and procedures as set forth by the Florida Rules of
Juvenile Procedure.
The First District Court of Appeal has explained:
The showing of “good cause” which would warrant a
court-compelled mental examination of a parent seeking
custody of a dependent child should be based on evidence
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that the parent has been unable to meet the special needs
of the child. This finding may be based on the parent’s
past conduct or behavior regarding the child, or on
information developed through interview of the parent by
a skilled person which indicates a need for psychiatric or
psychological evaluation of the parent to assist in training
the parent to meet the child’s special needs. It is not
necessary to show that the parent suffers substantial
psychiatric or psychological impairment as a predicate for
good cause. In other words, the party moving for a mental
examination of a person seeking custody of a dependent
child, must be able to articulate a reason or reasons that the
examination is necessary.
S.N. v. Dep’t of Health & Rehab. Servs., 529 So. 2d 1156, 1159 (Fla. 1st DCA 1988).
Based on the mother’s admission that she needed trauma therapy connected
to her ongoing relationship with her abuser and exposure of the child to him, the trial
court determined that her mental health was in controversy and “good cause” existed
for an assessment to inform the acts she was tasked to complete before reunification
with the child. 1 See E.P.V., 278 So. 3d at 751; Wade, 124 So. 3d at 375; J.P., 855
So. 2d at 176. Because reasonable people could differ when confronted with the
facts considered below, the trial court did not abuse its discretion. Necessarily,
therefore, it did not depart from the essential requirements of law.
Petition denied.
1
The mental health examination order provides for the opportunity to challenge any
findings and recommendations in court before the mother may be required to comply
with them. See J.P. v. Dep’t of Children & Families, 855 So. 2d 175, 176 (Fla. 5th
DCA 2003).
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