N.S. v. Department of Children & Families

N.S., mother of J.S., a child, appeals the lower court’s denial of N.S.’s motion for attorney’s fees as sanctions, pursuant to section 57.105, Florida Statutes (2012), against the Department of Children and Families (“DCF”). The lower court held that section 284.30, Florida Statutes (2012), required N.S. to provide notice to the Department of Financial Services (“DFS”) as a condition precedent to recover attorney’s fees. For the reasons that follow, we reverse the lower court’s order and remand for further proceedings.

This case arose after DCF sheltered J.S. on June 1, 2011, removing him from…