CHARLENE AMMONS, APPELLANT,
v.
CHARLES AND JOHNNIE OLA HATHAWAY, APPELLEES

Fla. 1st DCA | 1989-10-13
No. 89-228
ERVIN and WIGGINTON, JJ., concur.
550 So. 2d 145 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Charlene Ammons appealed an order granting permanent custody of her two children to her brother-in-law and sister-in-law while preserving her parental rights and visitation. The court reversed, holding that Florida law does not permit a permanent dependency status and requires reasonable efforts to reunite dependent children with their natural parents before permanent removal is ordered.


Holding

A permanent dependency status is not a permissible disposition under Florida's Juvenile Justice Act. The trial court must make every reasonable effort to reunite dependent children with their natural parent. Only when such efforts are exhausted may children be permanently removed from their natural parent, and only for purposes of adoption, not indefinite foster care. A natural parent's custody right is an important interest that should not be terminated absent abandonment or unfitness affecting the child's welfare.


Headnotes

[1] A court cannot decree a permanent status of dependency for children under chapter 39, Florida Statutes.

[2] Chapter 39, Florida Statutes, requires that every reasonable effort be made to reunite dependent children with their natural parent.

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Key Quotes

“a permanent status of dependency is not an option available to the court under chapter 39, the Florida Juvenile Justice Act”

Establishes that perpetual dependency is an impermissible disposition under Florida law

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Facts & Procedural History

Appellant's two children were declared dependent and placed in temporary custody with appellees (paternal aunt and uncle) due to allegations of abuse …

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Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

Appellant seeks review of an order entered upon her petition for permanent custody of her two children. The children had previously been placed in the temporary custody of appellees, the children’s paternal aunt and uncle. In ruling upon appellant’s petition the court decreed that the children be “permanently placed” with appellees, but allowed appellant visitation and expressly declared that appellant’s parental rights would not be severed. We find that the court’s disposition is inconsistent with the provisions of chapter 39, Florida Statutes, improperly leaving the children in a state of perpetual dependency. And there is no indication of what consideration the court gave to appellant’s rights as the children's natural parent. We therefore reverse the order appealed.

After appellant’s two young children were declared dependent and placed in the temporary custody of appellees, appellant’s marriage was dissolved and the court subsequently entered an order terminating the supervision of the children by a guardian and the Department of Health and Rehabilitative Services. The children remained with appellees, and appellant thereafter filed her petition for permanent custody asserting that she is now able to provide sufficient financial and emotional support for the children.

Reports from a guardian ad litem which were submitted to the court referenced repeated allegations of abuse and neglect prior to the children’s temporary placement with appellees. The reports also detailed appellant’s household conditions and financial circumstances, as contrasted with those of appellees.

A hearing was held and the court entered an order indicating that it considered the best interest of the children to be the paramount issue. Suggesting that appellant lacks appropriate housing, and that it would be preferable for the children’s financial support to include appellees’ income, the court determined that the children’s interest would be best served by continued placement with appellees. Although specifying that appellant’s parental rights would not be severed, and that appellant shall be allowed visitation, the court ordered that the children’s placement with appellees be made permanent.

As indicated in The Interest of K.H. and M.C., 444 So. 2d 547 (Fla. 1st DCA 1984), a permanent status of dependency is not an option available to the court under chapter 39, the Florida Juvenile Justice Act. While it is appropriate to deem the welfare of the dependent children to be the court’s primary consideration, the dictates of chapter 39 require that every reasonable effort be made to reunite the children with their natural parent. Only when such efforts have been exhausted should the children be permanently removed from their natural parent, at which time permanent commitment for adoption should be sought rather than continued foster care or a perpetual reaffirmation of dependency. See The Interest of K.H. and M.C., supra; see also, T.W.S. v. Department of Health & Rehabilitative Services, 466 So. 2d 387 (Fla. 1st DCA 1985).

As the children’s natural parent, appellant’s right to custody is an important interest which should generally not be terminated absent .circumstances constituting abandonment or an unfitness which impacts the children’s welfare. See In re Guardianship of D.A.McW., 460 So. 2d 368 (Fla.1984); Pape v. Pape, 444 So. 2d 1058 (Fla. 1st DCA 1984). In addressing a parent’s fitness for custody'the court should not rely principally upon material and economic benefit available to the child, as opposed to personal, emotional, and social welfare and stability. See Anderson v. Anderson, 309 So. 2d 1 (Fla.1975). In the present case it is unclear whether the court properly considered these factors and appellant’s parental interest in the custody of her children. On remand the court should consider these matters to the extent necessary in fashioning an appropriate disposition in accordance with chapter 39, Florida Statutes.

The order appealed is reversed and the cause remanded.

ERVIN and WIGGINTON, JJ., concur.


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Citator

Cited By

  • …ns have bonded fairly well with appellant's wife. Counsel for appellees argued the grandparents are better able to maintain a secure and stable home life, and to nurture the children’s spiritual, educational and moral values. In Ammons v. Hathaway, 550 So. 2d 145, 146 (Fla. 1st DCA 1989), we held it is appropriate for the trial court to consider personal, emotional, moral and social benefits, as well as material and economic advantages available to the children, in assessing parental fitness for custody. See…
  • W.R. and D.G. v. Dep't of Child. & Families, 757 So. 2d 605 (Fla. 5th DCA 2000)
    …607] justify continuing jurisdictiop by the trial court. Once dependency ends, and a child is no longer in need of supervision by the Department, the court’s jurisdiction and responsibility for the child normally should end. See Ammons v. Hathaway, 550 So. 2d 145 (Fla. 1st DCA 1989); TWS v. Department of Health and Rehabilitative Services, 466 So. 2d 387, 388 (Fla. 1st DCA 1985); In the Interest of KH, 444 So. 2d 547, 549 (Fla. 1st DCA 1984). It is difficult to let go when one takes responsibility for a chil…

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