Department of Health & Rehabilitative Services v. Superintendent of Schools for Seminole County
Docket: No. 92-1600
Court: District Court of Appeal of Florida; May 14, 1993; Florida; State Appellate Court
The Department of Health and Rehabilitative Services (HRS) appealed the lower court's ruling that classified T.J.C. as a child in need of services due to habitual truancy. The core issue is whether a school board can initiate proceedings under section 232.19(3)(a) of the Florida Statutes (1991) concerning habitual truancy. HRS argues that it has exclusive authority to file such petitions, claiming that the Florida legislature's revisions to Chapter 39 in 1987 intended to preempt this provision. The court noted that the relationship between section 232.19(3) and Chapter 39 lacks clarity but concluded that HRS's assertion that a school board cannot initiate truancy proceedings is incorrect. The ongoing legislative amendments to section 232.19(3) indicate that it remains valid. HRS also argued procedural violations during T.J.C.'s adjudication, but the child's mother, acting as his guardian, waived the right to an adjudicatory hearing and did not contest the petition. As HRS does not represent the mother or child, it lacks standing to challenge the process. The initial hearing was informal but effective, with the school board seeking to ensure T.J.C.'s regular school attendance. The mother agreed to cooperate in transferring T.J.C. to a different class after he had missed significant school days. Following the transfer, the child was still frequently absent and tardy. The judge appropriately adjudicated T.J.C. as a child in need of services and mandated the mother to complete a parenting class and undergo psychological evaluation. No appeal was filed by the mother or the guardian ad litem regarding this decision. The ruling was affirmed, with Goshorn, C.J., concurring and Griffin, J., concurring in the result only. The school board acknowledged a procedural error in labeling its filing as a "complaint."