A trial to determine the fate of a 5-year-old Cuban girl will resume in one week -- despite urging from the state Department of Children & Families that the proceedings stay on hold pending a ruling from an appeals court....The second phase of the trial, to decide whether the girl would be psychologically harmed if removed from the home of foster parents Joe and Maria Cubas, was halted last week after DCF attorneys appealed, hoping to reverse Cohen's previous ruling that found the father, Rafael Izquierdo, a fit parent.
DCF argued last week that Florida statutes require the judge to halt the trial pending a ruling from the Third District Court of Appeal.
Cohen initially agreed, noting lawyers for Izquierdo had no objection.
On Monday, however, she had a different outlook -- and scolded DCF for using the appellate process for strategic aims.
''This in the best interest of this child,'' said Cohen, who said she believed the state had misread the Florida statute. She said that while the state's appeal would prompt an automatic stay in most civil proceedings, the rule does not apply to cases in juvenile court.
''I understand the strategy and why you want this whole thing stayed,'' Cohen said. ``I wasn't born yesterday. I am moving forward with this.''
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