WILLIE BROWN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Fla. Dep't OF Child. & Families v. F.L., 880 So. 2d 602 (Fla. 2004)
  …clearly shifted the burden to the mother to show that her conduct that caused the termination of her parental rights to previous children would not serve as a predictor of her conduct with the present child. See F.L. v. Dep’t of Children & Families, 849 So. 2d 1114, 1122 (Fla. 4th DCA 2003). As Judge Warner’s detailed opinion further explains regarding the evidence in this case, DCF failed to prove that regardless of the provision of services, F.L.’s continued involvement as a parent to C.N., Jr. would threat…

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• M.H. v. Dep't of Child. & Families, 866 So. 2d 220 (Fla. 1st DCA 2004)
  …A 2003). Second, if the court finds the children would be threatened with harm, despite the provision of services, DCF [*223] must then prove there is no reasonable basis to believe the parent will improve. See F.L. v. Dep’t of Children & Families, 849 So. 2d 1114 (Fla. 4th DCA 2003); see also L.B. v. Dep’t of Children & Families, 835 So. 2d 1189, 1195 (Fla. 1st DCA 2002) (noting prospective neglect or abuse may be found if a parent is so afflicted that no reasonable basis exists for improvement). Where the r…
• In the Interest of K.A. v. Dep't of Child. & Fam. Servs., 880 So. 2d 705 (Fla. 2d DCA 2004)
  …has concluded that such a presumption is unconstitutional because it relieves the state of its burden to demonstrate that the reunification of parent and child poses a substantial risk of harm to that child. See F.L. v. Dep’t of Children & Families, 849 So. 2d 1114 (Fla. 4th DCA 2003). We need not address [*710] the facial constitutionality of section 39.806(l)(f) because we conclude that, irrespective of who bore the burden of proof, the trial court's determination that the parents posed a substantial risk of…

Authorities Cited

• Diaz v. State, 600 So. 2d 529 (Fla. 3d DCA 1992)
• Francisco-Ferro v. State, 424 So. 2d 31 (Fla. 3d DCA 1982)