Anthony Meehan Genova, Esq., B.C.S.
When child protective agencies remove children from parental custody, fit grandparents frequently step forward to offer a loving, stable home. However, bureaucratic inertia and procedural maneuvers sometimes threaten to sever family ties. A pivotal opinion from Florida’s Third District Court of Appeal, S.C.T.A. v. Department of Children and Families, No. 3D26-0791, 2026 WL 2602899 (Fla. 3d DCA Sept. 2, 2026), highlights the legal safeguards protecting grandparent adoption rights, relative placement preferences, and due process.
Synthesizing principles of statutory interpretation, constitutional access to courts, and refined legal composition, this article examines how S.C.T.A. reinforces Florida’s strong public policy favoring extended family continuity. For grandparents in Lakeland, Tampa, and throughout Florida, this decision offers meaningful guidance on protecting family relationships.
The dispute in S.C.T.A. involved six-year-old I.D.T.M., who fled targeted violence in Honduras alongside his paternal grandmother, S.C.T.A., and his parents. After the family reached Mexico, the child entered the United States with his mother in May 2021. When the father attempted to join them, authorities detained and deported him.
Months later, Florida’s Department of Children and Families (DCF) obtained custody of I.D.T.M. and subsequently terminated both parents’ parental rights. S.C.T.A. immediately traveled to the United States, rented an apartment satisfying DCF home study requirements, and submitted a formal adoption application. Meanwhile, DCF placed the child in nonrelative foster care, where the foster caregivers filed a competing adoption application.
In June 2025, the Adoption Applicant Review Committee (AARC) explicitly found S.C.T.A. fit to adopt her grandson. Nonetheless, AARC recommended denying her application in favor of the nonrelative foster caregivers, and DCF formally denied her adoption request.
S.C.T.A. timely sought judicial review under section 39.812(4)(b)2., Florida Statutes (2025). She argued that DCF violated its own administrative rules—specifically rule 65C-16.002(5)(c) of the Florida Administrative Code—by failing to accord her mandatory “preferred relative” status under section 39.01(76), Florida Statutes (2025), which expressly defines “relative” to include grandparents.
Following an evidentiary hearing, the trial court denied her motion and subsequently denied rehearing on March 18, 2026. Crucially, before S.C.T.A.’s appellate filing window closed, the trial court finalized the nonrelative caregivers’ adoption without providing prior notice to the grandmother. S.C.T.A. appealed the order denying judicial review.
DCF and the Guardian ad Litem moved to dismiss her appeal, claiming that finalizing the foster parents’ adoption rendered the appeal moot and stripped S.C.T.A. of legal standing.
Writing for a unanimous panel, Judge Miller denied the motions to dismiss, establishing four crucial legal principles governing grandparent rights:
A. The Public Importance Exception to Mootness
The court held that even if an adoption finalization creates potential mootness, an exception applies when an appeal raises an issue of great public importance that recurs yet evades judicial review. DCF could not stymie judicial review or cut off a fit grandmother’s access to courts by rushing through a nonrelative adoption without notice.
B. Florida’s Legal Protections for Grandparents and Relative Placement
Florida maintains a long-standing public policy supporting the natural family unit and extended family continuity. State regulations mandate that agencies evaluate the shared history and cultural bonds between children and relative applicants. Under section 39.5085, Florida Statutes, and rule 65C-16.002, consideration must be given to whether an applicant is a statutory relative.
C. Constitutional Right to Appellate Review and Standing
Harmonizing chapter 39 provisions with the Florida Constitution, the court held that legislative restrictions cannot override constitutional rights of access to courts and appellate review under Article V, Section 4(b)(1) and Article I, Section 21 of the Florida Constitution. S.C.T.A. maintained standing to challenge agency action that bypassed statutory relative considerations.
D. Inapplicability of Adoption Repose Statutes
The court rejected DCF’s argument that section 63.182(1), Florida Statutes—a statute of repose extinguishing actions to vacate adoption decrees—barred the appeal. Because S.C.T.A. appealed the order denying administrative review rather than directly seeking to nullify the adoption judgment, the statute of repose did not apply.
Legal advocates representing extended family members can draw upon S.C.T.A. v. Department of Children and Families as a vital shield against premature adoption finalizations and agency non-compliance.
Are you a grandparent seeking placement or adoption of a grandchild? Our family law and child custody attorneys in Lakeland can help you navigate DCF proceedings and protect your family’s bond.
Anthony Meehan Genova, Esq., B.C.S., is a legal professional specialized in family law, particularly known for his extensive experience in trial law and his commitment to community service.
Mr. Genova is Board Certified in Marital & Family Law. This certification, widely regarded as the “gold standard” for Florida lawyers, signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. The Board Certification program, overseen by The Florida Supreme Court and administered by The Florida Bar, rigorously evaluates all board-certified lawyers for credibility, expertise, professionalism, and ethics.
To achieve this esteemed certification, Mr. Genova demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of practice, substantial involvement in the chosen area, successful passing of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years and requires continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, only 260 lawyers in Florida (less than 1% of the 114,000 eligible Florida Bar members) have earned board certification in Marital and Family Law. Clients retaining a board-certified lawyer like Mr. Genova gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence, offering assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019.
Mr. Genova is also trained in Collaborative family law since 2017.
He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law. Mr. Genova is currently the 2025-26 Chairman of the Domestic Violence Committee and has a “Stand Your Ground” article published in the September/October 2026 Florida Bar Journal.