D.A. v. Department of Children & Family Services

SCHWARTZ, Senior Judge

(dissenting).

Although the issue is very close and the opinion of the Court is very persuasive, I come down on the side of agreement with P.S. v. Dep’t of Children & Families, 4 So.3d 719 (Fla. 5th DCA 2009), particularly as explicated by the Fifth District in the later decision of D.G. v. Dep’t of Children & Families, 80 So.3d 1063 (Fla. 5th DCA 2012).