GUARDIAN v. S.O., Maternal Grandmother of P.D.J., A Child, and S.K.S., Mother of P.D.J., A Child, Respondents. (2023)

The Statewide Guardian ad Litem Office, joined by the Department of Children and Families (“DCF”), have petitioned this court for certiorari relief regarding the trial court's order granting Respondent, S.O.’s, motion to intervene as a party in the underlying dependency action regarding the minor child, P.D.J.

The trial court placed the minor child in DCF's temporary custody at the shelter hearing. DCF then placed the minor child with the same foster family that had adopted two of the child's other siblings. S.O., who is the child's maternal grandmother but who has not had physical custody of the child during the dependency proceeding, petitioned to intervene as a party, which the trial court granted.

We conclude that the resolution of this instant proceeding is governed by our recent decision in Department of Children & Families v. S.T., 353 So. 3d 1246, 1246 (Fla. 5th DCA 2022), in which we quashed the circuit court's order that permitted the paternal aunt and the paternal grandfather to intervene in the underlying dependency proceeding and obtain party status. Based on S.T., we grant the petition for writ of certiorari and quash the trial court's order granting S.O.’s motion to intervene. We remand with directions for the trial court to consider allowing S.O. to be a “participant” in the proceedings below under section 39.01(57), Florida Statutes (2022), and Florida Rule of Juvenile Procedure 8.210(b).

PETITION GRANTED; ORDER QUASHED; REMANDED with instructions.

PER CURIAM.

LAMBERT, C.J., WALLIS and SOUD, JJ., concur.