IN THE INTEREST OF G., CHILDREN

Fla. 4th DCA | 1992-01-29
No. 90-3178
GLICKSTEIN, C.J., and FARMER, J., concur., STONE, J., dissents with opinion.
592 So. 2d 778 Florida District Court of Appeal, Fourth District (1992) Caution
Cited by 10 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

The appellate court reversed a termination of parental rights, finding that the mother had shown significant progress in her recovery and that the evidence did not support a finding of future neglect. The court remanded the case for a determination of her current recovery status.


Holding

Yes, the appellate court held that the evidence did not support the trial court's finding of prospective neglect. The mother's progress in recovery, employment, and stable housing indicated that her condition was not untreatable and that she could potentially provide adequate care for her children.


Headnotes

[1] A mother's parental rights may be reversed and remanded for further determination if she has made significant strides toward recovery and has a good prognosis, despite a…

[2] The appeal of one parent regarding the termination of parental rights does not affect the finality of the termination of the rights of a non-appealing parent.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Appellant, the natural mother, appeals two final judgments terminating her parental rights and permanently committing her two children to the Department of Health and Rehabilitative Services for subsequent adoption.”

Establishes the nature of the appeal and the lower court's decision.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The mother's parental rights to her two children were terminated and the children were committed to the Department of Health and Rehabilitative Servic…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, the natural mother, appeals two final judgments terminating her parental rights and permanently committing her two children to the Department of Health and Rehabilitative Services for subsequent adoption. We reverse and remand with direction.

In reversing, we make it plain that the unrecovered dysfunctional father has not appealed the termination of his parental rights. His lack of recovery and prospect for the same are separate and apart from the mother, who is the sole appellant. The father’s rights were and remain terminated. See Carlson v. State, Dep’t of Health & Rehabilitative Services, 378 So. 2d 868 (Fla. 2d DCA 1979) (court reversed only that part of a commitment order which terminated the parental rights of the natural mother, yet affirmed that part which terminated the parental rights of the natural father who failed to appeal). Furthermore, should the trial court, on remand, conclude that the mother has now recovered, it is critical that the trial court enter such protective orders necessary to prevent contact by the unrecovered, terminated father with the mother or the children. His lack of contact is viewed as essential to any hope of a healthy reunification.

We agree with appellant that the instant case, unlike Palmer v. Department of Health & Rehabilitative Services, 547 So. 2d 981 (Fla. 5th DCA 1989), In re J.J.C., 498 So. 2d 604 (Fla. 2d DCA 1986), and In re J.L.P., 416 So. 2d 1250 (Fla. 4th DCA 1982), does not present a situation where the future is hopeless. According to appellant’s own testimony as well as the testimony of her sponsor in A.A., her counselor at Stepping Stones (a residential treatment program), and the director of the Court Alcohol and Substance Abuse Program (CA-SAP), appellant’s chances of recovery are good. Appellant has maintained her sobriety, secure employment, and a stable resi dence. Appellant’s condition clearly is not “untreatable”; therefore, there is no evidence to support the trial court’s finding that she could not provide the necessary support and care for her children in the future. While appellant has not yet had the chance to demonstrate that she could adequately care for her children, the evidence before the trial court did not support the trial court’s finding of prospective neglect. Appellant, unlike her husband, has made great strides toward recovery. It is for these reasons we reverse and remand with direction to determine if there has been recovery by the mother, one year having elapsed since the entry of final judgment. Because the children have been in foster care since April 1, 1988, we further direct the trial court to expedite this determination. If the trial court concludes there has not been recovery, it may enter an appropriate final judgment of termination, subject to similarly expeditious appellate review.

GLICKSTEIN, C.J., and FARMER, J., concur. STONE, J., dissents with opinion.

Dissent
STONE, Judge,

STONE, Judge,

dissenting.

I appreciate the majority’s concern that the mother’s potential for rehabilitation, coupled with the absence of the father, might now improve the awful conditions of neglect she previously imposed on these children. However, there is ample clear and convincing evidence in this record to support the trial court’s difficult decision that the best interests of the children are served by a permanent commitment.

The overriding public policy of this state, for valid and obvious reasons, is that after a reasonable period there must be an end to temporary foster care and pending efforts to rehabilitate parents. What these children, and others similarly situated, need more than anything else is the safe and stable environment that comes from a permanent placement and adoption. The legislature has wisely fixed tenure limits for foster care absent extraordinary conditions. Here, that time limit was exceeded without such extraordinary conditions. Nothing in this record indicates that the trial court was not aware of the total circumstances at the time of the hearing. I would not substitute our judgment, even with the qualifications for expediting provided for in the majority opinion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • L.B. v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002)
    …ective neglect or abuse. Id. In Palmer, the court affirmed the termination order as no reasonable prospect existed that the father could or ever would be “cured” of, or successfully treated for, pedophilia. Id. In contrast, in In the Interest of G., 592 So. 2d 778, 778 (Fla. 4th DCA 1992), the court, in reversing and remanding the termination order, found that, unlike the father in Palmer, the mother’s chances of recovery from substance abuse were good, as the mother had maintained her sobriety, obtained secu…
  • C.C. v. Dep't of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002)
    …ct). A parent’s substance abuse does not alone establish “prospective neglect.” The trial court must determine whether substance abuse will affect a parent’s ability to provide the care and support the children need in the future. Compare In re G., 592 So. 2d 778, 778-79 (Fla. 4th DCA 1992) (finding that the mother’s great strides towards recovery did not support a finding of prospective neglect), with In re K.C.C., 750 So. 2d 38, 41 (Fla. 2d DCA 1999) (finding that the trial court properly terminated the mo…
  • K.S. v. R.C., 766 So. 2d 1224 (Fla. 5th DCA 2000)
    …cy Viola R. v. Randolph W., 177 W.Va. 710, 356 S.E. 2d 464 (1987); In the Matter of J.W., 921 P. 2d 604 (Alaska 1996). Loss of a child is one of the harsher results of alcoholism, as this case illustrates. . Compare, In re Interest of G., Children, 592 So. 2d 778 (Fla. 4th DCA 1992). . Peele, Stoufin, "Second Thoughts about a Gene For Alcoholism” The Atlantic Monthly, Aug. 1990 at 52-58; Blum, Kenneth and Noble, Ernest, loumal of the American Medical Assoc., April 18, 1990.…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw