B.J.M. v. State, Department of Health & Rehabilitative Services

I concur in affirmance of the summary judgment as it relates to the denial of mandamus. I dissent with the court’s determination that the amended complaint states a cause of action in ordinary negligence. I agree with the court that reversal of the juvenile’s statutory claim, pursuant to section 39.455(2), Florida Statutes (1991), is required but would only do so with leave to amend.

In the present ease, it is undisputed, as the majority recognizes, that HRS was providing services to B.J.M. pursuant to a permanent placement plan established by court order authorized by section 39.452, Florida…