DEPARTMENT OF CHILDREN AND FAMILIES, APPELLANT,
v.
K.D., AS PARENT OF P.D. AND T.D., CHILDREN, APPELLEE
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This concurring opinion argues that the law should be changed to avoid reversals of late-filed restitution orders that appear to establish correct awards of restitution, even when a notice of appeal has been filed.
The concurring judge believes the law should be amended to grant trial courts a period of concurrent jurisdiction to resolve restitution issues after an appeal is filed, or to establish restitution in a separate, appealable judgment.
A trial court entered a restitution order after a notice of appeal was filed. The amount of restitution appeared correct and did not harm the appellan…
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HARRIS, J.
Following a hearing on the Department’s petition to terminate parental rights, the court denied the petition finding that although the mother was in substantial noncompliance with the plan, such noncompliance was caused by her lack of financial resources. The Department appeals claiming that the court failed to comply with the requirements of section 39.809(5), Florida Statutes, which requires that “the judge shall enter a written order with the findings of fact and conclusions of law.”
In its very brief order, the court, in addition to finding the mother’s noncompliance was caused by her financial condition, also held that the Department had “failed to prove by clear and convincing evidence that the mother has engaged in conduct toward the children that demonstrates that the continuing involvement of the mother in the mother-child relationship threatens the life or well-being of the children.” While the court’s findings may be true, it does not appear that the court has adequately complied with the requirement that it make findings of fact and conclusions of law. The order fails to adequately address its findings in relation to the children’s best interests. See In Interest of G. Children, 618 So. 2d 592 (Fla. 4th DCA 1993).
REVERSED and REMANDED for further consideration.