IN THE INTEREST OF J.L.C., G.C., J.M.C., ALL CHILDREN
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A Florida appellate court affirmed an order terminating parental rights based on clear and convincing evidence of child neglect. The mother challenged the termination on the ground that she was not provided counsel until the termination hearing, but the court found her right to counsel was satisfied because the termination order was based on evidence presented at the termination hearing where she was represented.
The mother's right to counsel was fully satisfied because the termination order was based on evidence presented at the termination hearing where she was represented, not on evidence from the dependency hearing. Additionally, the termination order was properly based on clear and convincing evidence of neglect in conjunction with evidence of failure to comply with a performance agreement, not solely on the failure to comply with the agreement.
[1] A performance agreement is not a prerequisite to permanent commitment proceedings when a child is adjudicated dependent in a clear case of child abuse, neglect, or abando…
[2] An earlier adjudication or finding of neglect does not satisfy the statutory requirements for the termination of parental rights.
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Join FLexlaw to unlock all legal intelligence“The record contains evidence of neglect presented at that hearing which is sufficient to support the ruling, and it does not appear that the trial court's determination was based on evidence previously adduced at a dependency hearing at which the mother was not represented by counsel.”
Establishes that the court's primary concern was whether the termination decision relied on evidence presented without counsel, and that it did not.
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Join FLexlaw to unlock all legal intelligenceA mother's parental rights were terminated regarding three children (J.L.C., G.C., J.M.C.) based on findings of neglect. The mother was not provided c…
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PER CURIAM.
The mother appeals an order finding clear and convincing evidence of neglect of her children and ordering permanent commitment and termination of parental rights.
The appellant seeks reversal because she was not provided counsel until the termination hearing. The record contains evidence of neglect presented at that hearing which is sufficient to support the ruling, and it does not appear that the trial court’s determination was based on evidence previously adduced at a dependency hearing at which the mother was not represented by counsel. In these circumstances, the mother’s right to counsel has been fully satisfied. See Lassiter v. Department of Social Services, 452 U.S. 18, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981); In re D.B., 385 So. 2d 83 (Fla.1980); compare White v. Department of Health and Rehabilitative Services, 483 So. 2d 861 (Fla. 5th DCA 1986).
We likewise conclude that the termination order was based on clear and convincing evidence of neglect adduced at the hearing, and not simply the mother’s failure to satisfactorily meet the terms of her performance agreement. Therefore, the ruling is consistent with the recent decision of the supreme court in In re R.W., 495 So. 2d 133 (Fla.1986), and this court in In re P.A.D., 498 So. 2d 1342 (Fla. 1st DCA 1986). Those decisions, while holding unconstitutional the statutory provision in section 39.-41, Florida Statutes (1985), authorizing termination of parental rights solely for failure to substantially comply with the terms of a performance agreement, do not preclude the trial court from receiving and considering evidence of such failure in conjunction with evidence of neglect.
AFFIRMED.
BOOTH, C.J., and WENTWORTH and ZEHMER, JJ., concur.
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IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)…t of P.A.D., 498 So. 2d 1342 (Fla. 1st DCA 1986); however, it is one of the factors the court considers in determining if a child can be safely taken from foster care and returned to his natural parent(s) or prior home. In In the Interest of J.L.C., 501 So. 2d 92, 93 (Fla. 1st DCA 1987), this court stated: We likewise conclude that the termination order was based on clear and convincing evidence of neglect adduced at the hearing, and not simply the mother’s failure to satisfactorily meet the terms of her pe…
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Caso v. Dep't of Health & Rehabilitative Servs., 569 So. 2d 466 (Fla. 3d DCA 1990)…technical breach of a performance agreement cannot alone justify termination of parental rights, the trial court may consider evidence of a parent’s failure to comply with an agreement in conjunction with evidence of neglect. In Interest of J.L.C., 501 So. 2d 92 (Fla. 1st DCA 1987). Also, a willful failure to complete the counseling necessary to develop parenting skills can rise to the level of neglect. Lett v. Department of Health and Rehab. Servs., 547 So. 2d 328 (Fla. 5th DCA 1989). A parent's psychiatri…
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In the Interest of B.L.B. and J.D.H., 635 So. 2d 44 (Fla. 1st DCA 1994)…ely on the court’s finding that a parent failed to comply with the terms of a performance agreement. In the Interest of R.W., 495 So. 2d 133 (Fla.1986); In the Interest of D.J.S., 563 So .2d 655 (Fla. 1st DCA 1990), citing In the Interest of J.L.C., 501 So. 2d 92 (Fla. 1st DCA 1987). In the instant case, the State adduced evidence tending to establish abuse, abandonment, and neglect, but the trial court, while specifically reciting this evidence, failed to expressly find that one or more of the factors req…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lassiter v. Dep't of Soc. Servs. of Durham Cnty., 452 U.S. 18 (U.S. 1981)
- In the Interest of D. B. and D. S., 385 So. 2d 83 (Fla. 1980)
- In the Interest of R.W. v. Pollock, 495 So. 2d 133 (Fla. 1986)
- White v. Dep't of Health & Rehabilitative Servs., 483 So. 2d 861 (Fla. 5th DCA 1986)
- In the Interest of P.A.D., 498 So. 2d 1342 (Fla. 1st DCA 1986)