IN THE INTEREST OF A CHILD. J.M., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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A Florida appellate court reversed a trial court's termination of parental rights, finding that the judgment was based on factual findings unsupported by the record and that the trial court improperly considered evidence outside the trial record. The decision reinforces that termination of parental rights must rest on evidence presented at trial.
The trial court's judgment was reversed because several key factual findings were not supported by evidence in the record, and the trial court improperly considered criminal records information discovered after trial without affording J.M. the opportunity to cross-examine or respond to this evidence.
[1] A trial court's finding that a guardian ad litem recommended termination of parental rights is unsupported by the record if the guardian's testimony or report is absent.
[2] A finding that a child has formed a significant relationship with a parental substitute and entered into a permanent family relationship requires record evidence of the c…
Previewing 2 of 4 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“Because the record fails to contain either the testimony of the guardian or a guardian's report, no evidence supports this finding.”
Establishes that key factual findings must be supported by evidence actually in the record, not assumed or inferred.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJ.M.M. was born on September 8, 2000. On October 2, 2000, the Department of Children and Family Services filed a petition to terminate J.M.'s parental…
The full statement of facts, procedural history, and disposition for this case are member content.
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CASANUEVA, Judge.
J.M., the mother of J.M.M., appeals a final judgment terminating her parental rights to her daughter. Because the record fails to support certain factual findings and because the trial court improperly considered other evidence, we reverse.
The child, J.M.M., was born on September 8, 2000. On October 2, 2000, the Department of Children and Family Services filed a petition to terminate the parental rights of J.M. to her child. In support of the petition, the Department alleged that in the past J.M.’s parental rights had been terminated to two of her children, that she had voluntarily surrendered her rights to a third child, and that it would be in the child’s manifest best interest if the parental rights were terminated.
Following a trial on January 4, 2001, the court granted the petition and terminated J.M.’s parental rights. We review the final judgment of termination and hold that several findings of fact upon which the trial court relied are not supported by the record.
First, the final judgment recites that the court-appointed guardian ad litem believed that the child’s best interest would be served by the termination of J.M.’s parental rights. Unfortunately, as the record fails to contain either the testimony of the guardian or a guardian’s report, no evidence supports this finding.
Next, the trial court found that the child had formed a significant relationship with a parental substitute and had entered into • a permanent family relationship in “his” [sic] current placement. Unfortunately, no record evidence sets forth the nature of the child’s placement or the extent of the child’s bonding with the family. This is understandable as, at the time of trial, the child was but four months old and could not discuss the extent of her feelings. Furthermore, only weeks before the trial the Department was forced to find a new placement for the child when the couple with whom she had originally resided began to have marital problems. Nonetheless, there was no testimony from the current foster family about these important concerns although there was evidence that the foster family was willing to adopt the child. Expression of this undeniably laudable purpose does not, however, prove that the child has entered into a “significant relationship with a parental substitute.”
The court also found that no bond or love existed between the parent and the child, but the Department’s caseworker testified to the contrary, indicating that J.M. visited regularly with her daughter and displayed great rapport with her. Again, the court’s finding is not supported by evidence and here is actually refuted by the record.
Finally, the court noted that J.M. intended to reside with an arrestee. After the close of evidence the court undertook a criminal records search and discovered that this individual had been charged with sale of cocaine. Because the information was not admitted during the trial and was considered later by the court, J.M. was denied her due process right to a fair hearing, including the opportunity to cross-examine. The trial court should have confined its consideration to the evidence adduced at trial in reaching its decision.
We conclude, as this court did in In the Interest of C.W.W., 788 So. 2d 1020 (Fla. 2d DCA 2001), that the trial court’s judgment was not based upon record evidence. Therefore, we reverse and remand for a new hearing.
NORTHCUTT, A.C.J., and STRINGER, J., Concur.
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Dep't OF Child. & Families v. B.B. and T.B., 824 So. 2d 1000 (Fla. 5th DCA 2002)…use of A.B. would be independent statutory authority for termination of parental rights to other children, assuming, of course, the “manifest best interests” requirement for parental rights’ termination is met. § 39.810, Fla. Stat. See In re J.M.M., 795 So. 2d 1034 (Fla. 2d DCA 2001). The trial judge’s error on this point was understandable because Florida’s courts have not yet fully examined the implications of legislation such as section 39.806(l)(f), Florida Statutes, or section 39.806(l)(i), Florida Statu…
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C.W. v. Dep't of Child. & Families, 814 So. 2d 488 (Fla. 1st DCA 2002)…that she be taken from her mother. See § 39.810, Florida Statutes (2000). Even if we would have decided differently if the decision had been ours in the first instance, on this record we are bound by the trial court’s findings. Compare In re J.M.M., 795 So. 2d 1034, 1035 (Fla. 2d DCA 2001), with In re C.F., 646 So. 2d 793, 794-95 (Fla. 1st DCA 1994).…
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Walker v. State, 55 So. 3d 718 (Fla. 1st DCA 2011)…citizen’s arrest theory, and the dis-positive nature of all the evidence that flowed from the traffic stop, it is clear that Petitioner would not have been adjudicated guilty were it not for the improper consideration of the Agreement. In re J.M.M., 795 So. 2d 1034, 1036 (Fla. 2d DCA 2001) (denial of due process to consider evidence not addressed at trial). This denial of due process resulted in a miscarriage of justice. We are mindful of the strict limits imposed on us when reviewing orders rendered by the c…
Authorities Cited
- In the Interest of C.W.W. v. State, 788 So. 2d 1020 (Fla. 2d DCA 2001)