IN THE INTEREST OF B.T., A CHILD
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The court held that the order terminating parental rights must be reversed and remanded because the trial court failed to include specific findings of fact.
[1] A written order terminating parental rights must include findings of fact and conclusions of law.
[2] A trial court's order terminating parental rights must set forth specific facts supporting its conclusions regarding abuse, abandonment, or neglect.
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Join FLexlaw to unlock all legal intelligenceThe appellant challenged an order terminating her parental rights over her daughter. The trial court's order lacked specific findings of fact supporti…
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PER CURIAM.
The appellant challenges an order terminating her parental rights over B.T., her ten-year-old daughter. Because we agree with the appellant that the trial court failed to include findings of fact in its Order of Adjudication and in its Order of Disposition, we must remand the case without addressing the additional contentions raised by the appellant.
Under section 39.467(7), Florida Statutes (Supp.1990), a termination of parental rights must be accompanied by a written order with findings of fact and conclusions of law. See also In the Interest of R.J., 586 So. 2d 496, 498 (Fla. 1st DCA 1991); In the Interest of T.S. v. Department of Health and Rehabilitative Services, 471 So. 2d 543 (Fla. 1st DCA 1985).
The instant order terminating appellant’s parental rights is quite similar to the one in R.J., supra, which this court remanded for further findings of fact. As in R.J., the order states in conclusory fashion that termination is in the manifest best interests of the child. There is no indication that the court considered or evaluated any of the factors listed in section 39.467(2)(a)-(k), which are essential to the court’s assessment of a child’s best interests.
The trial court also concludes that the mother was guilty of continuing abuse or neglect under section 39.464(3), and of abuse, neglect or abandonment under section 39.464(5), but the court’s order merely tracks the language of these subsections without setting out any facts that might constitute abuse, abandonment or neglect within the meaning of the statute.
Although we have excused the absence of factual findings where overwhelming evidence supports the trial court’s actions, see In the Interest of A.T. v. Department of Health and Rehabilitative Services, 490 So. 2d 155 (Fla. 1st DCA 1986), we are unable to characterize the evidence in the instant case as “overwhelming.” Consequently, the order terminating parental rights is reversed, and the case is remanded for the trial court to enter an order containing the necessary findings of fact.
SMITH, WIGGINTON and MINER, JJ., concur.
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In re L.H. v. Dep't of Health & Rehabilitative Servs., 647 So. 2d 311 (Fla. 5th DCA 1994)…l court’s order merely contains a finding that the mother failed to make any efforts to comply with her performance agreement. By itself, such a finding cannot support termination of the mother’s parental rights based on abandonment. See In re B.T., 597 So. 2d 398, 398-99 (Fla. 1st DCA 1992). Accord In re R.J., 586 So. 2d 496, 498 (Fla. 1st DCA 1991). See also In re J.A.T., 590 So. 2d 524, 526 (Fla. 2d DCA 1991). The importance of setting forth specific findings of fact regarding abandonment is underscored b…
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In the Interest of C.M.P., 608 So. 2d 568 (Fla. 1st DCA 1992)…l court considered or evaluated all of the factors delineated in section 39.467(2)(a)-(k), Florida Statutes, in reaching the determination that termination of parental rights was in the manifest best interest of the child. In In re Interest of B.T., 597 So. 2d 398 (Fla. 1st DCA 1992), this court held that reversal is required where the statutory factors of section 39.467(2), Florida Statutes, are not considered. Our review of the record indicates that most of the factors of section 39.467(2) were considered b…
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Logreira v. Efrain Logreira, 322 So. 3d 155 (Fla. 3d DCA 2022)…nt. See Winters v. Brown, 51 So. 3d 656, 658 (Fla. 4th DCA 2011); Kyle v. Carter, 290 So. 3d 640, 642 (Fla. 1st DCA 2020); Clark v. Clark, 825 So. 2d 1016, 1017 (Fla. 1st DCA 2002); In re Z.L., 4 So. 3d 684, 685 (Fla. 2d DCA 2009); In Int. of B.T., 597 So. 2d 398, 399 (Fla. 1st DCA 1992). Orally rendered findings are adequate to satisfy the statute. See Vinson v. Vinson, 282 So. 3d 122, 134 (Fla. 1st DCA 2019); Marquez v. Lopez, 187 So. 3d 335, 337 (Fla. 4th DCA 2016). Against this background, we examine t…
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
- In the Interest of T.S. v. Dep't of Health & Rehabilitative Servs., 471 So. 2d 543 (Fla. 1st DCA 1985)
- In the Interest of A.T. and T.T. v. Dep't of Health & Rehabilitative Servs., 490 So. 2d 155 (Fla. 1st DCA 1986)
- In the Interest of R.J., 586 So. 2d 496 (Fla. 1st DCA 1991)