A “party” to the dependency case is widely interpreted to mean only the child, the child’s parents, DCF, and the GAL.

So caregivers and relatives are not a “party” to the dependency case, or at least they don’t start off that way. They may be “participants,” which means they automatically receive notice of hearings, even if they’ve never asked the court for anything. Unsurprisingly, DCF and the GAL Office, as government agencies, have interpreted this procedural safeguard to mean that unless you are a party, you are entitled to nothing other than notice of the hearings.

Keep in mind, caregivers do have certain rights, primarily within the context of case management. But in terms of being able to fairly participate in and prepare for hearings, not so much.

At Jay & Campbell, we have focused on the right to intervene and obtain party status in dependency where there are crucial adoption and visitation interests at stake. We have seen over and over that it is in the child’s best interest to have someone involved in their case who does not work for the government. Unlike the rules of civil procedure, the juvenile rules are silent about intervention. There is a circuit split on whether interventions may be granted in dependency, and recent guidance from the Florida Supreme Court supports our argument that standing emanates from the judicial power and the people’s right to access the courts.

Making this argument successfully requires proficiency in constitutional law and appeals. The attorneys at Jay & Campbell have unparalleled experience developing these arguments throughout Florida and at all court levels, including the Florida Supreme Court.