The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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In D.C. v. J.M., 133 So.3d 1080 (Fla. 3d DCA 2014), the court granted a writ of certiorari to quash a trial court order granting the foster parents access to the confidential court records. See § 39.0132(3), Fla. Stat. (requiring the clerk of the circuit court to keep the court records separate and confidential). Here, the portion of the trial court's order granting access to the court record was mentioned in the petition and response. But the focus of the petition, as well as our focus, is the portion of the order granting intervention. Any "cat out of the bag" concern about the release of the court record to the caregivers' attorney is likely moot since there was no motion to stay the trial court's order. Going forward, since we are quashing the order, the caregivers will not have access to the court record. They could again seek it. See id. But a hypothetical future order granting the caregiver's access to the court record may run afoul of the reasoning of D.C.
For example, section 39.0132(3) and (4), Florida Statutes (2021) provide:
See § 39.0132(3), Fla. Stat. (2020).
See § 39.0132(3), Fla. Stat. (2020).
See § 39.0132(3), Fla. Stat. (2020).
(i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), 39.202, Fla. Stat.
Section 39.0132(3), Florida Statutes, is the operative statute, but nothing in the statute limits which attorney of the parent has access to the dependency file. Moreover, it is conceivable that once the mother was given access to the dependency file, she would simply turn the information over to her present counsel. Appellee defends the court's decision on the basis of the language in section 39.0132(3) subjecting the right to access the records to "the provisions of section 63.162 ...." Section 63.162(2), Florida Statutes, states in pertinent part:
Section 39.0132(3) gives the trial court the discretion to deem the Respondents to have a proper interest in the requested transcript. The trial court did not depart from the essential requirements of the law in so concluding. Further, the Petitioners have not identified any confidential information or fact contained in the hearing transcript that would cause irreparable harm to the Petitioners as a result of granting the Herald access to the redacted hearing transcript. Finding neither a departure from the essential requirements of law, nor irreparable harm, we deny the petition for certiorari.
C.H.–C, his siblings, and their parents are the subjects of dependency proceedings filed by the Florida Department of Children and Families. The Miami Herald and one of its reporters noted for her reporting of child welfare matters, Carol Marbin Miller, moved to intervene in the proceedings and obtain an audio recording or transcript of a January 17, 2018 judicial review hearing. Rule 2.420 of the Florida Rules of Judicial Administration requires public access to most court records but protects the confidentiality of certain court records including "Chapter 39 records relating to dependency matters." Chapter 39 courtroom proceedings are open to the public but court records in Chapter 39 proceedings are not accessible to the public except "upon order of the court by persons deemed by the court to have a proper interest therein." § 39.0132(3), Fla. Stat (2017).
(i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat.
. . . . § 39.0132(3), Fla. Stat. (2018). . . . information that must be designated and maintained as confidential when contained within a court record); § 39.0132 . . . Section 39.0132(3) gives the trial court the discretion to deem the Respondents to have a proper interest . . .
. . . ." § 39.0132(3), Fla. Stat (2017). . . .
. . . . §§ 39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . .
. . . Const.) and statutory (§ 39.0132(3), Fla. . . .
. . . Rule 8.260 (Orders) is amended to clarify that all orders must be signed by the judge, see section 39.0132 . . .
. . . . §§_39.0132(3), 39.0132(4)(a), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . . matters, termination of parontal righta, guardinns-ad-lttemv ehilé-abuse, neglect, and abandonment^ 39.0132 . . .
. . . Section 39.0132(3), Florida Statutes (2011), provides in pertinent part as follows: The clerk shall keep . . . Case law addressing confidential records under section 39.0132(3) is scant, and no authority directly . . . those to whom the statute gives an absolute entitlement to the records. 63 So.3d at 904 (citing section 39.0132 . . . ease, the dependency court abused its discretion by failing to apply the test established in section 39.0132 . . .
. . . . § 39.0132(3), Fla. Stat. . . .
. . . Section 39.0132 of the Florida Statutes governs access to court records: 39.0132 Oaths, records, and . . . designees shall always have the right to inspect and copy any official record pertaining to the child.... § 39.0132 . . .
. . . . § 39.0132(3), Fla. Stat. (ii) Adoption records. § 63.162, Fla. Stat. . . . matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132 . . .
. . . . § 39.0132 This statute governs the state’s maintenance of certain records. . . .
. . . See, e.g., § 39.0132(3)-(4), Fla. Stat. (2006); Fla. RApp. P. 9.146(f). . . .
. . . . §§ 39.202 and 39.0132; (2) hearsay; and (3) failure to authenticate (DE # 699). . . . Stat. §§ 39.202 and 39.0132. , These sections provide for the confidentiality of reports and information . . . In addition, section 39.0132(6) expressly provides that “[n]o court record of proceedings under this . . . Moreover, § 39.0132(6), which makes court records governed by this section inadmissible in subsequent . . . Specifically, § 39.0132(6)(e) provides that “evidence admitted in any proceeding under this chapter may . . .
. . . See §§ 39.0132(4) and 39.809(4), Fla. Stat. . . . exercising decision-making authority at the staffing meeting as contemplated by the Sunshine Law, sections 39.0132 . . . Section 39.0132(4)(a) provides that all information obtained in dependency and termination proceedings . . .