2018 Case Law Trends – Appellate Instruction
Common themes emerged in the appellate courts processing adoption cases. District courts vary in terms of treatment of issues so it is vital to be aware of the lens of your district to best present your case.
1. Indigent Birth Parents, (Inquiry needs to be made), entitled to court-appointed counsel in a proceeding to involuntarily terminate parental rights. Better to side with appointment of counsel than not.
2. Intervention Cases – Unwinding the application of 63.082(6) and courts working to find the right balance of the application of best interest factors – It is not race of who files first and turf wars not helpful.
3. Ginzu Knife Infomercial – Who can adopt, Which rules apply (intersection of dependency and private adoption), findings and transcripts- strict compliance