DEPARTMENT OF CHILDREN & FAMILIES AND THE GUARDIAN AD LITEM PROGRAM, APPELLANTS,
v.
C.F., APPELLEE

Fla. 3d DCA | 1998-10-28
No. 98-1775
Before NESBITT, FLETCHER, and SHEYIN, JJ.
788 So. 2d 988 Florida District Court of Appeal, Third District (1998) Caution
Cited by 11 cases

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Synopsis

The Department of Children & Families appealed the trial court's denial of its petition to terminate the parental rights of C.F., the mother of five children. The appellate court reversed, finding that the evidence overwhelmingly supported termination under Florida law and that the trial court's decision was an abuse of discretion.


Holding

The court held that the Department met its clear and convincing burden of proof for termination under section 39.464, Florida Statutes, based on both continuing abuse or neglect and the mother's failure to substantially comply with the case plan. The evidence overwhelmingly supported termination as being in the children's best interests, and the trial court's denial was an abuse of discretion.


Headnotes

[1] A trial court's denial of a petition to terminate parental rights is an abuse of discretion when not supported by clear and convincing evidence and not in the children's…

[2] Grounds for termination of parental rights include continuing abuse or neglect and failure to substantially comply with a case plan evidencing continuing abuse or neglect…

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Key Quotes

“the evidence was overwhelmingly in favor of termination, and the trial court's contrary decision was an abuse of discretion.”

Establishes the appellate court's standard for review and its finding that the trial court's denial lacked evidentiary support.

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Facts & Procedural History

The five children were removed from the mother's custody in 1990 after the youngest, then an infant, presented with multiple skull, collarbone, and ri…

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Opinion of the Court
NESBITT, J.

NESBITT, J.

The Department of Children & Families, through the Guardian Ad Litem Program, appeals the trial court’s denial of the Department’s petition to terminate the parental rights of C.F. (“the mother”) as to her children — V.C., age fifteen, J.F., age thirteen, S.F., age twelve, A.F., age ten, and C.F., age eight. We agree with the Department that denial of the petition was not supported by the evidence and was not in the children’s best interest, and hereby reverse.

In our view, taking into account the factors set forth in section 39.4612, Florida Statutes (1995), relating to the manifest best interests of the children, the Department more than met its “clear and convincing” burden [FN1] that termination of the mother’s parental rights was warranted. In this instance, the evidence was overwhelmingly in favor of termination, and the trial court’s contrary decision was an abuse of discretion.

FN1. See § 39.467(1), Fla. Stat. (1995); Doe v. Department of Health & Rehabilitative Services, 563 So. 2d 655, 661 (Fla. 1st DCA 1990).

Section 39.464, Florida Statutes (1995), provides the grounds for termination of parental rights. These include voluntary relinquishment; abandonment; continuing abuse or neglect; egregious abuse; and the parent’s failure to substantially comply with the Department’s case plan which evidences continuing abuse or neglect. Here, the Department proved, by clear and convincing evidence, both continuing abuse or neglect and failure to comply with the case plan.

These five children were initially taken into state custody in 1990, after baby C.F., then an infant, was taken to a doctor who discovered that the child had suffered multiple skull fractures, a collarbone fracture, and rib fractures. The doctor concluded that C.F. had suffered multiple episodes of inflicted trauma, disputing the mother’s story that the baby had fallen from her stroller. Another child, J.F., then four, had visible welts and bruises on his body. The mother later admitted that these were caused by her striking the boy with a belt. Also, shortly after being taken into state custody, the two older girls, Y.C., then seven, and S.F., then five, said that they had been sexually abused by their uncle, the mother’s brother. During this period, the mother, who was in her twenties, was involved in a sexual relationship with a minor male, the father of baby C.F., who was living in the house with the mother and the children.

In 1992, after the mother had completed several programs with the Department, the children were returned to live with her.

However, they were removed again in 1995 after V.C., then thirteen, and S.F., then eleven, again reported sexual abuse by their uncle. V.C. also reported sexual abuse by her mother’s live-in boyfriend, another minor. One incident V.C. related involved being fondled by the boyfriend while he was engaged in sexual intercourse with her mother. The children also related to a counselor that their mother had beaten them since their 1992 return to her. Throughout her counseling and even during her testimony at the termination hearing, the mother consistently refused to accept any responsibility for the sexual abuse her daughters suffered and, in fact, blamed the children for the Department’s initiation of termination proceedings against her.

The testimony of several counselors showed that the mother continues to subject the children to an unhealthy, dangerous atmosphere at home with psychological abuse from the mother as well as continuing sexual abuse. The mother allowed the children to be in her brother’s presence, despite his earlier sexual attacks on them. There was ample— though not unrefuted — testimony from counselors that the mother was not progressing in her parental development. She had missed meetings, dropped out of, or been asked to leave various therapy programs. Further, during the termination proceedings, despite an order to have no contact whatsoever with the children, the mother continued to contact them.

The trial judge’s finding that the mother had made “meaningful progress” on her case plan prior to the Department’s initiation of termination proceedings is simply not supported by the evidence here. In fact, the evidence showed that reunification was not in the best interests of the children. Despite the children’s obvious bond with their mother, she continues to neglect the children’s welfare and deny responsibility for the situation the children have been forced to endure in their own home. This Court finds the mother’s sexual relationship with two different minors very disturbing, especially as it was occurring in a live-in arrangement in the same household as the children. This sexual activity with teenage boys was more than inappropriate; it constituted a felony. Certainly, the children should not have been exposed to it.

The mother has had eight years to “get her act together” with regards to proper care for her children, and has failed. These were eight years out of the lives of these young children. Several of them have documented emotional problems, likely as a result of their mother’s neglect and the abuse to which she subjected them. The oldest girl, V.C., in particular, has experienced significant emotional and behavioral problems. At this point in their lives, the children need permanency and a safe home environment, and the evidence the Department produced below showed that this cannot be achieved with their mother. We hereby reverse the order denying the Department’s petition for termination of parental rights. On remand, we direct that judgment be rendered terminating C.F.’s parental rights.

Reversed and remanded.


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Citator

Cited By

  • N.L. v. Dep't of Child. & Fam. Servs., 843 So. 2d 996 (Fla. 1st DCA 2003)
    …sis for a finding that N.L. “knowingly failed to prevent” the abuse of S.W. by the boyfriend. See M.C. v. Dep’t of Children & Family Servs., 814 So. 2d 449, 451-52 (Fla. 4th DCA 2001); Dep’t of Children & Families v. Court of Appeal, Third District, 788 So. 2d 988, 989-90 (Fla. 3d DCA 1998); In re B.S., 697 So. 2d 914, 917 (Fla. 2d DCA 1997), rev. denied, 707 So. 2d 1123 (Fla.1998); In re D.E.N., 504 So. 2d 514, 516 (Fla. 5th DCA), rev. denied, 513 So. 2d 1062 (Fla.1987); see also Leet v. State, 595 So. 2d 95…
  • State of Fla. Dep't OF Child. & Fam. Servs. v. A.D., 904 So. 2d 480 (Fla. 1st DCA 2005)
    …al findings. Reversal of the trial court’s decision to deny a petition to terminate parental rights is appropriate when the denial was not supported by the evidence and was not in the child’s best interest. See Dep’t of Children & Families v. C.F., 788 So. 2d 988, 988-89 (Fla. 3d DCA 1998). Section 39.01 defines “substantial compliance” as meaning that “the circumstances [that] caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will…
  • In the Interest of D.N.O. v. McC., 820 So. 2d 1064 (Fla. 2d DCA 2002)
    …d entry of an order of termination. Reversal of the denial of a petition to terminate is appropriate when the trial court’s denial was not supported by the evidence and was not in the child’s best interest. See Dep’t of Children & Families v. C.F., 788 So. 2d 988, 988-89 (Fla. 3d DCA 1998). While the trial court may have been moved by the mother’s professed desire to do better, her good intentions for the future do not overcome her past neglect and abandonment and her failure to complete drug treatment and o…

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