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Filing # 122836970 E-Filed 03/10/2021 12:12:38 PM
IN THE CIRCUIT COURT OF THE 157
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO. 502020CA011425XXXXMB (AD)
J.L. DOE, by and through her mother,
MOTHER DOE, as parent and legal guardian,
Plaintiff,
vs.
PLACE OF HOPE, INC., KIDSANCTUARY
CAMPUS, INC., STATE OF FLORIDA
DEPARTMENT OF CHILDREN AND
FAMILIES, and CHILDNET, INC.
Defendants.
/
DEFENDANT, STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES’,
MOTION FOR ACCESS TO DEPENDENCY COURT FILES AND ALL AUDIO
RECORDINGS AND/OR TRANSCRIPTS OF ALL DEPENDENCY COURT HEARINGS
COMES NOW, Defendant, State of Florida Department of Children and Families
(hereinafter “DCF”), by and through its undersigned Counsel, and hereby files this, its
Motion for Access to Dependency Court Files regarding J.L. Doe and in support thereof
states as follows:
1. This is a negligence action regarding the abuse of the minor child, J.L.
Doe.
2. The Complaint alleges that DCF was negligent in the placement of J.L.
Doe.
3. Placement decisions regarding dependent children are made by the
Dependency Court.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/10/2021 12:12:38 PM ***JL. Doe v. DCF, etal.
Case No. 502020CA011425XXXXMB (AD)
DCF’s Motion for Access to Dependency Court Records and Recordings
Page 2
4. Pursuant to Fla. Stat. § 39.0132, dependency records are deemed
confidential “and shall be inspected only upon order of the court by persons deemed by
the court to have a proper interest therein...” See also Fla. Stat. § 39.814, (pertaining to
records for termination of parental rights). Thus, a "proper interest" is the standard for
disclosure of such records. See City of Plant City v. Dep't of Children & Family Svcs,
101 So. 3d 407, 409-10 (Fla. 2d DCA 2012):
The statute does not require a third party seeking to inspect
dependency court records to prove that its interest in doing
so is compelling or that it outweighs the child's privacy
interest. When enacting the statute, the legislature has
already weighed the interests at issue and determined that
those with a 'proper' interest in inspecting the records shall
be permitted to do so. In the context of the statute as a
whole, the test requires a third party seeking to inspect
dependency court records to demonstrate that doing so
will serve a legitimate and appropriate interest that
differs from that of the public at large.
(Emphasis added).
5. The Parties to the instant lawsuit have a proper interest in the dependency
records regarding J.L. Doe because the records are relevant to the core liability issues
in this case.
6. Pursuant to Fla. R. Civ. P. 1.280, “parties may obtain discovery regarding
any matter, not privileged, that is relevant to the subject matter of the pending action.”
Moreover, information is discoverable if it is, “reasonably calculated to lead to the
discovery of admissible evidence.”
7. Access to the Dependency Court file is relevant and reasonably calculated
to lead to the discovery of admissible evidence, and the Parties have a proper interest
in the subject matter of its content where the discovery of such information will permit itJL. Doe v. DCF, etal.
Case No. 502020CA011425XXXXMB (AD)
DCF’s Motion for Access to Dependency Court Records and Recordings
Page 3
to assess its liability and exposure to damages. See City of Plant City, 101 So. 3d at
410 (A third party has a legitimate, appropriate interest in a minor child’s dependency
case file where the facts contained therein would permit the third party to assess the
damages claimed against it, for purposes of defending itself, and for purposes of
engaging in settlement negotiations).
8. DCF requests access to /n the Interest of: L.J., Palm Beach County Court
Case No.: 2008DP300455 Jn the Interest of: L.J., Palm Beach County Court Case No.:
2010DP300089, and Jn the Interest _of: L.J.. Palm Beach County Court Case No.:
2015DP300156.
9. DCF requests access to all Dependency Court pleadings as well as all
Audio Recordings and/or Transcripts of Dependency Court hearings regarding In the
Interest of: L.J., Palm Beach County Court Case No.: 2008DP300455 In the Interest of:
L.J., Palm Beach County Court Case No.: 2010DP300089, and Jn the Interest of: L.J.
Palm Beach County Court Case No.: 2015DP300156.
WHEREFORE, the Defendant, STATE OF FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES, respectfully requests the entry of an Order permitting
parties to have access to the complete Dependency Court file and access to all audio
recordings and/or transcripts of all Dependency Court hearings regarding J.L. Doe and
for such other and further relief as this Court deems necessary and proper.
[THIS SPACE INTENTIONALLY LEFT BLANK]JL. Doe v. DCF, etal.
Case No. 502020CA011425XXXXMB (AD)
DCF’s Motion for Access to Dependency Court Records and Recordings
Page 4
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing has been furnished by
Electronic mail this 10" day of March, 2021 to: Seth M. Lehrman, Esq., Bradley J.
Edwards, Esq., and Brittany N. Henderson, Esq., Edwards Pottinger, LLC, 425 N.
Andrews Ave., Suite 2, Fort Lauderdale, FL 33301, brad@epllc.com,
brittany@epllc.com, seth@epllc.com and maria@epllc.com; Martiza Pena, Esq. and
Renee Gomez, Esq., Marlow Adler Abrams Newman & Lewis, 4000 Ponce De Leon
Blvd., Suite 570 Coral Gables, FL 33146, mpena@marlowadler.com;
rgomez@marlowadler.com; Earl K. Mallory, Esq., Mallory Law Group, 2074 W
Indiantown Rd., Suite 201, Jupiter, FL 33468, ekm@mallorylawgroup.com; and Miriam
R. Merlo, Esq., Gaebe Mullen Antonelli & Dimatteo, 420 S. Dixie Hwy., Third Floor,
Coral Gables, FL 33146, mmerlo@gaebemullen.com; mgalan@gaebemullen.com;
rgalindo@gaebemullen.com.
VERNIS & BOWLING OF PALM BEACH, P.A.
Counsel for Defendant, DCF
884 U.S. Highway One
North Palm Beach, Florida 33408
Telephone No. 561.775.9822
Facsimile No. 561.775.9821
Primary: knissen@florida-law.com
Secondary: cschrader@florida-law.com
pbfiling@florida-law.com
/s/_Karen M. Nissen
KAREN M. NISSEN, ESQ.
Florida Bar No. 0883761
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Filing # 122836970 E-Filed 03/10/2021 12:12:38 PM IN THE CIRCUIT COURT OF THE 157 JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502020CA011425XXXXMB (AD) J.L. DOE, by and through her mother, MOTHER DOE, as parent and legal guardian, Plaintiff, vs. PLACE OF HOPE, INC., KIDSANCTUARY CAMPUS, INC., STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, and CHILDNET, INC. Defendants. / DEFENDANT, STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES’, MOTION FOR ACCESS TO DEPENDENCY COURT FILES AND ALL AUDIO RECORDINGS AND/OR TRANSCRIPTS OF ALL DEPENDENCY COURT HEARINGS COMES NOW, Defendant, State of Florida Department of Children and Families (hereinafter “DCF”), by and through its undersigned Counsel, and hereby files this, its Motion for Access to Dependency Court Files regarding J.L. Doe and in support thereof states as follows: 1. This is a negligence action regarding the abuse of the minor child, J.L. Doe. 2. The Complaint alleges that DCF was negligent in the placement of J.L. Doe. 3. Placement decisions regarding dependent children are made by the Dependency Court. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 03/10/2021 12:12:38 PM ***JL. Doe v. DCF, etal. Case No. 502020CA011425XXXXMB (AD) DCF’s Motion for Access to Dependency Court Records and Recordings Page 2 4. Pursuant to Fla. Stat. § 39.0132, dependency records are deemed confidential “and shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein...” See also Fla. Stat. § 39.814, (pertaining to records for termination of parental rights). Thus, a "proper interest" is the standard for disclosure of such records. See City of Plant City v. Dep't of Children & Family Svcs, 101 So. 3d 407, 409-10 (Fla. 2d DCA 2012): The statute does not require a third party seeking to inspect dependency court records to prove that its interest in doing so is compelling or that it outweighs the child's privacy interest. When enacting the statute, the legislature has already weighed the interests at issue and determined that those with a 'proper' interest in inspecting the records shall be permitted to do so. In the context of the statute as a whole, the test requires a third party seeking to inspect dependency court records to demonstrate that doing so will serve a legitimate and appropriate interest that differs from that of the public at large. (Emphasis added). 5. The Parties to the instant lawsuit have a proper interest in the dependency records regarding J.L. Doe because the records are relevant to the core liability issues in this case. 6. Pursuant to Fla. R. Civ. P. 1.280, “parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action.” Moreover, information is discoverable if it is, “reasonably calculated to lead to the discovery of admissible evidence.” 7. Access to the Dependency Court file is relevant and reasonably calculated to lead to the discovery of admissible evidence, and the Parties have a proper interest in the subject matter of its content where the discovery of such information will permit itJL. Doe v. DCF, etal. Case No. 502020CA011425XXXXMB (AD) DCF’s Motion for Access to Dependency Court Records and Recordings Page 3 to assess its liability and exposure to damages. See City of Plant City, 101 So. 3d at 410 (A third party has a legitimate, appropriate interest in a minor child’s dependency case file where the facts contained therein would permit the third party to assess the damages claimed against it, for purposes of defending itself, and for purposes of engaging in settlement negotiations). 8. DCF requests access to /n the Interest of: L.J., Palm Beach County Court Case No.: 2008DP300455 Jn the Interest of: L.J., Palm Beach County Court Case No.: 2010DP300089, and Jn the Interest _of: L.J.. Palm Beach County Court Case No.: 2015DP300156. 9. DCF requests access to all Dependency Court pleadings as well as all Audio Recordings and/or Transcripts of Dependency Court hearings regarding In the Interest of: L.J., Palm Beach County Court Case No.: 2008DP300455 In the Interest of: L.J., Palm Beach County Court Case No.: 2010DP300089, and Jn the Interest of: L.J. Palm Beach County Court Case No.: 2015DP300156. WHEREFORE, the Defendant, STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, respectfully requests the entry of an Order permitting parties to have access to the complete Dependency Court file and access to all audio recordings and/or transcripts of all Dependency Court hearings regarding J.L. Doe and for such other and further relief as this Court deems necessary and proper. [THIS SPACE INTENTIONALLY LEFT BLANK]JL. Doe v. DCF, etal. Case No. 502020CA011425XXXXMB (AD) DCF’s Motion for Access to Dependency Court Records and Recordings Page 4 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing has been furnished by Electronic mail this 10" day of March, 2021 to: Seth M. Lehrman, Esq., Bradley J. Edwards, Esq., and Brittany N. Henderson, Esq., Edwards Pottinger, LLC, 425 N. Andrews Ave., Suite 2, Fort Lauderdale, FL 33301, brad@epllc.com, brittany@epllc.com, seth@epllc.com and maria@epllc.com; Martiza Pena, Esq. and Renee Gomez, Esq., Marlow Adler Abrams Newman & Lewis, 4000 Ponce De Leon Blvd., Suite 570 Coral Gables, FL 33146, mpena@marlowadler.com; rgomez@marlowadler.com; Earl K. Mallory, Esq., Mallory Law Group, 2074 W Indiantown Rd., Suite 201, Jupiter, FL 33468, ekm@mallorylawgroup.com; and Miriam R. Merlo, Esq., Gaebe Mullen Antonelli & Dimatteo, 420 S. Dixie Hwy., Third Floor, Coral Gables, FL 33146, mmerlo@gaebemullen.com; mgalan@gaebemullen.com; rgalindo@gaebemullen.com. VERNIS & BOWLING OF PALM BEACH, P.A. Counsel for Defendant, DCF 884 U.S. Highway One North Palm Beach, Florida 33408 Telephone No. 561.775.9822 Facsimile No. 561.775.9821 Primary: knissen@florida-law.com Secondary: cschrader@florida-law.com pbfiling@florida-law.com /s/_Karen M. Nissen KAREN M. NISSEN, ESQ. Florida Bar No. 0883761