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· 7/8/2004

Florida Dept. of Children and Fam. v. Fl

Citations

  • 880 So. 2d 602
  • 2004 WL 1516017

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[t]he Legislature is presumed to know the judicial constructions of a law when amending that law, and the Legislature is presumed to have adopted prior judicial constructions of a law unless a contrary intention is expressed”
  • stating that the Court has an obligation to construe a statute in a way that preserves its constitutionality
  • noting that Padgett's least restrictive means requirement is constitutional in nature
  • finding that a rebuttable presumption in the child welfare context meets the narrowly tailored requirement when the court has to find in each case that (1) there is a substantial risk of significant harm to the current child; and (2
  • finding that a rebuttable presumption in the child welfare context meets the narrowly tailored requirement when the court has to find in each case that (1) there is a substantial risk of significant harm to the current child; and (2
  • rejecting as unconstitutional a construction of section 39.806(1)(i), establishing a ground for termination when the parent's rights to another child have been involuntarily terminated, as creating a rebuttable presumption in favor of termination

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.