C.S. v. S.H.

671 So. 2d 260 (1996)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

C.S. v. S.H.

Florida District Court of Appeal
671 So. 2d 260 (1996)

Facts

S.D.V-H. was born prematurely in August 1992 with several physical ailments, including an addiction to crack cocaine. The Department of Health and Rehabilitation Services (the department) arranged for S.D.V-H. to live with foster parents S.H. and K.H. (defendants) on a temporary basis. To become foster parents, S.H. and K.H. signed an agreement acknowledging that a foster child was under the department’s control, S.H. and K.H. would not pursue legal custody of a foster child, they would cooperate with the department’s efforts to place the child with an adoptive resource, a child could be removed at any moment, and so forth. Despite this, after S.D.V-H.’s mother consented to the termination of her parental rights and the department sought to place S.D.V-H. with an appropriate placement in December 1993, when she was only 16 months old—namely, her biological aunt, C.S., and the aunt’s husband, J.S. (plaintiffs)—S.H. and K.H. refused to release S.D.V-H. and sought injunctive relief. A trial court granted a temporary injunction that prevented the department from removing S.D.V-H. from S.H. and K.H.’s custody. The temporary injunction would remain in effect until trial in October 1995. Both couples filed adoption petitions. The trial court decided that it was authorized to waive the department’s consent and allow the foster parents to adopt S.D.V-H. rather than allowing adoption by her relatives, as selected by the department. The trial court made this decision, holding that the department had acted unreasonably in not allowing S.H. and K.H. to adopt S.D.V-H. given that she had been in their care for three years and had bonded with them. The court’s ruling did not acknowledge that were it not for the temporary injunction it granted, S.D.V-H. could have been adopted sooner.

Rule of Law

Issue

Holding and Reasoning (Pariente, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership