IN THE INTEREST OF D.H., A CHILD. B.L.H., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 2d DCA | 1996-03-20
No. 95-01651
PARKER and FULMER, JJ., concur.
670 So. 2d 1072 Florida District Court of Appeal, Second District (1996) Caution
Cited by 9 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

A Florida appellate court reversed a termination of parental rights where the lower court relied primarily on the mother's mental condition without sufficient evidence of abuse, neglect, or failure to comply with a placement plan. The court found that expert testimony was divided and no clear and convincing evidence supported permanent severance of the parent-child relationship.


Holding

The court reversed the termination order, finding insufficient clear and convincing evidence of abuse or neglect, either past or prospective, and no finding that the mother failed to comply with her permanent placement plan. The lower court failed to properly address the statutory criteria for termination and the manifest best interests of the child.


Headnotes

[1] A parent's chronic mental illness can justify termination of parental rights when coupled with evidence of severe neglect.

[2] Termination of parental rights requires clear and convincing evidence of abuse or neglect, either past or prospective.

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Key Quotes

“A parent's chronic mental illness can indeed undergird a termination of rights, as this court approved in In the Interest of C.W. and S.W.R.W., 616 So.2d 127 (Fla. 2d DCA 1993).”

Establishes that mental illness alone can support termination, but sets the foundation for distinguishing cases where there is additional evidence of neglect and non-compliance.

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Facts & Procedural History

B.L.H. was accused in 1992 of striking her four-year-old son with a broom, though the incident was never fully confirmed and medical exams revealed no…

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Opinion of the Court
FRANK, Acting Chief Judge.

FRANK, Acting Chief Judge.

B.L.H., the natural mother of D.H., has appealed from an order terminating her parental rights. The order is predicated on the ground that her mental condition rendered her ineffective to parent the child. We find that there was insufficient evidence to justify permanent severance of B.L.H.’s ties to her child.

This case began in 1992 when B.L.H. was accused of striking her then four-year old son with a broom. This incident was never fully confirmed, and medical examinations revealed no trauma to the child. B.L.H. nevertheless consented to a dependency finding. From the record before us this instance of possible physical abuse appears to be isolated.

Once B.L.H. came under HRS scrutiny, however, the investigation focused upon her mental capacity and emotional stability. A parent’s chronic mental illness can indeed undergird a termination of rights, as this court approved in In the Interest of C.W. and S.W.R.W., 616 So. 2d 127 (Fla. 2d DCA 1993). That case involved a schizophrenic mother who did not comply with recommended psychiatric treatment including medication. Further supporting the termination, however, was evidence of severe neglect of the children, who were found filthy and hungry in a roach-infested home.

In this case the evidence of neglect is minimal. The expert witnesses, including psychiatrists, psychologists, and social workers, were far from unanimous in an opinion that B.L.H.’s rights should be terminated. The evidence indicated that the mother completed parenting classes, appeared for many psychological evaluations, and attempted visitation with her child. Although her behavior was unquestionably bizarre at times, the fact is that not one health care provider testified that he or she recommended specific treatment and/or medication with which B.L.H. did not comply. In fact, B.L.H.’s “regular” psychiatrist, who treated her sporadically, recommended no medication at all. Thus, the mother cannot be said to have failed to comply with a performance agreement on that basis. Although some HRS workers appear to have had difficulty locating B.L.H., and there was some evidence that she frequently changed her residence, B.L.H.’s mother indicated that she owned a more than adequate home in which B.L.H. and her child could reside, and in which B.L.H. had in fact lived for two years.

The testimony at the termination hearing centered on B.L.H.’s mental status. It is without doubt that the mother suffers from some degree of personality disorder, perhaps an organic impairment, and at least one psychiatrist expressed a gloomy prognosis, speculating that the child would be unsafe in the mother’s custody and that she would have difficulty ever being able to comply with the requirements of the “system.” Other social and mental health professionals who examined B.L.H. expressed conflicting diagnoses or opinions, suggesting that medication might be of value, but they were unable to conclude that termination was warranted. One social worker who met with the mother in 1993-94 testified that parental rights should not be terminated because the child was not in danger from B.L.H. and that many people have personality characteristics similar to those that handicap B.L.H.

The record in its entirety does not reveal clear and convincing evidence of abuse or neglect, either past or prospective. The court did not find that B.L.H. failed to comply with her permanent placement plan. The order of termination is deficient in satisfying the criteria set forth in section 39.467(5), Florida Statutes (1995), by failing to disclose that the requisites expressed in section 39.464, Florida Statutes (1995), have been met. The manifest best interests of the child, section 39.4612, Florida Statutes (1995), have not been given detailed attention. For these reasons, the order terminating parental rights is reversed and this case is remanded for further proceedings not inconsistent with this opinion.

Reversed and remanded.

PARKER and FULMER, JJ., concur.


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Citator

Cited By

  • In the Interest of A.C. and A.M. v. State, 751 So. 2d 667 (Fla. 2d DCA 2000)
    …s decision. This court has held that the trial court’s written order must establish that the court considered and evaluated each of the eleven statutory factors in reaching its decision as to the manifest best interests of the child. See In re D.H., 670 So. 2d 1072 (Fla. 2d DCA 1996) (reversing an order terminating parental rights and remanding for further proceedings because the order of termination failed to give detailed attention to the manifest best interests of the child); In re C.K., 601 So. 2d 1331 (Fl…
  • A.M. v. Dep't OF Child. & Families, 223 So. 3d 312 (Fla. 4th DCA 2017)
    …rminating a parent’s rights. See In re M.M.L., 393 P. 3d at 1082-83. Although mental health is not a ground under which a parent’s rights may be terminated in Florida, “mental illness can indeed undergird a termination of rights.” In [*318] re D.H., 670 So. 2d 1072, 1072 (Fla. 2d DCA 1996). Finally, Alexander contains no discussion of the child’s private interests in its analysis. Evjen is factually distinguishable as it involved an episode of hospitalization shortly before trial. In the instant case, the moth…
  • P.A. v. Dep't of Health & Rehabilitative Servs., 685 So. 2d 92 (Fla. 4th DCA 1997)
    …children’s lives who could monitor P.A.’s emotional state and care for the children if she is hospitalized again. The record is silent as to whether there is any such person available. In B.L.H. v. Department of Health and Rehabilitative Services, 670 So. 2d 1072 (Fla. 2d DCA 1996); the second district faced an issue factually similar to the one at bar. It recognized that chronic mental illness could ' be a basis for termination of parental rights, citing its earlier opinion in Wiggins v. Department of Healt…

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