IN THE INTEREST OF H.H. AND R.W., MINOR CHILDREN. J.H., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Fla. 2d DCA | 2004-02-11
Nos. 2D03-2376, 2D03-2538
ALTENBERND, C.J., and SILBERMAN, J., Concur.
865 So. 2d 634 Florida District Court of Appeal, Second District (2004) Positive Treatment
Cited by 19 cases

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Synopsis

Mother challenged the circuit court's orders terminating DCFS supervision and placing her two dependent daughters in permanent relative placements. The appellate court reversed, finding the trial court's findings of substantial noncompliance with the case plan and detriment to reunification were not supported by competent evidence and lacked the requisite objective factual basis.


Holding

The appellate court reversed because the record did not support the trial court's finding of substantial noncompliance—the only evidence cited was lack of visits, yet the orders themselves noted the mother had participated in weekly visits with H.H. Additionally, the trial court's conclusions regarding detriment to reunification lacked specific findings and objective factual basis necessary to support long-term placement.


Headnotes

[1] A trial court's finding of substantial noncompliance with a case plan is not supported by competent, substantial evidence when the record indicates the parent has complie…

[2] A trial court's conclusion that reunification would be detrimental to a child's welfare must be based on specific findings, not mere conclusory statements.

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Key Quotes

“The only evidence in the record before us that the Mother was noncompliant with her case plan is the case worker's testimony that the Mother had not visited her daughters. However, in its orders the trial court noted that the Mother had since participated in weekly visits with H.H., and R.W. remained in Montana with her biological father. Accordingly, the record does not support the trial court's finding of substantial noncompliance.”

Establishes that the appellate court found the trial court's primary basis for noncompliance was contradicted by the trial court's own orders acknowledging visitation compliance.

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Facts & Procedural History

Two minor daughters were adjudicated dependent on October 30, 2002. The older daughter (H.H.) was placed with a maternal aunt and uncle, and the young…

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Opinion of the Court
DAVIS, Judge.

DAVIS, Judge.

J.H., the Mother, challenges three orders of the circuit court, which deemed the respective relative placements of her daughters, H.H. and R.W., to be permanent placements and terminated the supervision of the Department of Children and Family Services (the Department). We reverse.

The children were adjudicated dependent on October 30, 2002; the older daughter, H.H., was placed with a maternal aunt and uncle, while the younger daughter, R.W., was placed with her biological father in Montana. The most recent case plan had a goal of reunification, and the Mother filed several motions seeking reunification. The trial court, however, denied each, finding that the Mother was not in compliance with her case plan. At only one of the reunification hearings did the trial court specify how the Mother was noncompliant, instructing her to participate in visits with her oldest daughter. Five weeks later, the Mother again moved for reunification, citing five consecutive weekly visits with H.H., but the trial court again denied the motion.

In the trial court’s final orders placing the children in long-term placements, it found that the Mother had not substantially complied with her case plan tasks. However, the trial court also included a list of the tasks and noted by each that the Mother was in compliance.

Compliance with a case plan with a goal of reunification “requires that the child be returned to his parent(s) ‘if the court is satisfied that reunification will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.’ ” B.D.E. v. Dep’t of Children & Family Servs., 829 So. 2d 359, 360 (Fla. 1st DCA 2002) (quoting § 39.701(8)(b), Fla. Stat. (2001)); see also In re M.C., 796 So. 2d 566, 568 (Fla. 2d DCA 2001). Additionally, “[w]e will not reverse an order that determines permanency by directing long-term placement with a relative if there is competent, substantial evidence to support it.” In re J.C., 805 So. 2d 1094, 1096 (Fla. 2d DCA 2002).

The only evidence in the record before us that the Mother was noncompliant with her case plan is the case worker’s testimony that the Mother had not visited her daughters. However, in its orders the trial court noted that the Mother had since participated in weekly visits with H.H., and R.W. remained in Montana with her biological father. Accordingly, the record does not support the trial court’s finding of substantial noncompliance.

However, Florida courts have held that even where the trial court’s finding regarding compliance is not supported by competent, substantial evidence, long-term placement can be affirmed if the trial court’s order, on objectively reasonable grounds, makes a finding that reunification would be detrimental to the child’s safety, well-being, and physical, mental, and emotional health. See B.D.E., 829 So. 2d at 363. Although the trial court here stated in its order that reunification was “contrary to the welfare of the children because the home situation presents a substantial and immediate danger to the children” and that “there is continued need for out-of-home placement to ensure the child[ren]’s health, safety and well-being,” these conclusions are not based on any specific findings and, therefore, are not reasonably objective.

Because we conclude that the trial court abused its discretion, see R.F. v. Dep’t of Children & Families, 844 So. 2d 821, 823 (Fla. 5th DCA 2003), we reverse and remand with instructions to reinstate the most recent case plan, which had a goal of reunification. Such case plan would not bar the trial court from granting relative long-term placement at some point in the future upon a proper showing of noncompliance or that reunification would be a detriment to the children’s safety, well-being, and physical, mental, and emotional health.

Reversed and remanded with instructions.

ALTENBERND, C.J., and SILBERMAN, J., Concur.


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Citator

Cited By

  • D.S. v. Dep't OF Child. & Families, 900 So. 2d 628 (Fla. 5th DCA 2005)
    …ot endangered by the return of the child to the home, (emphasis added) .Where a mother has substantially complied with her case plan, the children must be reunited with her if it is safe for the children to do so. See section 39.522(2); In re H.H., 865 So. 2d 634 (Fla. 2d DCA 2004); In re M.C., 796 So. 2d 566 (Fla. 2d DCA 2001).…
  • G.V. v. Dep't of Child. & Families, 985 So. 2d 1243 (Fla. 4th DCA 2008)
    …that the child be returned to his parent(s) if the court is satisfied that reunification will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.” In re H.H. & R.W. v. Dep’t of Children & Family Servs., 865 So. 2d 634, 635 (Fla. 2d DCA 2004) (internal quotations omitted) (emphasis added). A trial court’s findings as to the risks to the child or children’s safety or mental or emotional health, however, must be based on objectively reasonable grounds. See C.D. v. D…
  • T.F. v. Dep't of Child. & Fam. Servs., 881 So. 2d 702 (Fla. 1st DCA 2004)
    …child’s, safety, well-being, and physical, mental, and emotional health.” B.D.E. v. [*703] Dep’t of Children & Family Servs., 829 So. 2d 359, 360 (Fla. 1st DCA 2002) (quoting section 39.701(8)(b), Florida Statutes); see also In the Interest of H.H., 865 So. 2d 634, 635 (Fla. 2d DCA 2004). An order that determines that.these requirements have not been met and places a child in long-term relative care, and thus determines permanency, will not be reversed unless it is not supported by competent substantial evide…

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