S.J., THE MOTHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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A Florida appellate court affirmed the termination of parental rights for a mother, S.J., over two children based on her failure to comply with a case plan and her substance abuse problems that posed a threat to the children's safety and well-being despite the provision of services.
The court affirmed the termination of parental rights as to both children. Termination was proper as to D.C. because S.J. failed to comply with the case plan, and as to M.C. because her substance abuse conduct demonstrated that her continuing involvement in the parent-child relationship threatened the children's life, safety, and well-being despite the provision of services.
[1] A parent's failure to comply with a case plan presented by the Department of Children and Family Services can be grounds for termination of parental rights.
[2] The continuing involvement of a parent in the parent-child relationship may threaten a child's life, safety, well-being, or health, irrespective of services provided, jus…
Previewing 2 of 6 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“Drug addiction is one type of behavior that may warrant termination of parental rights because it can constitute harm to the child and may not be amenable to treatment despite the provision of services.”
Establishes the legal standard for when substance abuse can justify termination of parental rights
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceS.J. is the mother of two siblings, D.C. and M.C. She had been unsuccessfully discharged from outpatient drug treatment before M.C. was born and again…
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PER CURIAM.
We grant rehearing, withdraw our previous opinion issued on June 25, 2003, and substitute the following opinion in its place.
This case involves two siblings, D.C-. and M.C., and an appeal by S.J., their mother, from the Order of Adjudication and Judgement [sic] of Involuntary Termination of Parental Rights of D.C. and M.C. We affirm the order as to both D.C. and M.C.
We affirm termination of parental rights as to D.C. because S.J. failed to comply with the case plan presented by the Department of Children and Family Services (DCF). § 39.806(l)(e), Fla. Stat. (2001). We affirm termination of parental rights as to M.C. based on section 39.806(l)(e), Florida Statutes (2001), which provides as follows:
When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. Provision of services may be evidenced by proof that services were provided through a previous plan or offered as a case plan from a child welfare agency.
Drug addiction is one type of behavior that may warrant termination of parental rights because it can constitute harm to the child and may not be amenable to treatment despite the provision of services. F.L. v. Dep’t of Children & Families, 849 So. 2d 1114, 1120 (Fla. 4th DCA 2003). The trial court found that DCF had offered S.J. assistance in dealing with her substance abuse problem. She had-been unsuccessfully discharged from outpatient treatment before M.C. was born. Following the birth of M.C., she was unsuccessfully discharged from outpatient treatment a second time. She had refused inpatient treatment and was not receiving drug treatment at the time of the trial. Additionally, during the time DCF was providing services, S.J. was arrested four times, including an arrest for.disorderly intoxication, after M.C. was born. That is clear and convincing evidence that her substance abuse problems are not amenable to treatment despite the provision of services.. The court further found that S.J. had failed to maintain regular, employment, could not provide a - stable home, and lacked the capacity to care for her children, all of which threaten the children’s safety and well-being and may constitute harm. § 39.01(30), Fla. Stat. (2001) (defining harm). Four home studies had established .that there is, no suit-, able family placement option. Termination was, as a result, the least restrictive means of protecting D.C. and M.C. See Padgett v. Dep’t of Health & Rehabilitative Servs., 577 So. 2d 565, 571 (Fla.1991).
AFFIRMED.
FARMER, C.J., KLEIN and SHAHOOD, JJ., concur.
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K.J. v. Dep't of Child. & Fam. Servs., 906 So. 2d 1183 (Fla. 4th DCA 2005)…efforts on DCF’s part. We noted that the CRC counselor “bent over backwards” in attempting to help P.O. resolve her drug problem. Similarly, the mother facing termination of her parental rights in S.J. v. Department of Children and Family Services, 866 So. 2d 770 (Fla. 4th DCA 2004), was offered extensive assistance in dealing with her substance abuse problem. Yet S.J. was twice discharged from an outpatient drug treatment program and refused to enroll in an inpatient treatment program. Also, while the depar…
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R.K. v. Dep't of Child. & Families, 898 So. 2d 998 (Fla. 5th DCA 2005)…on is one type of behavior that may warrant termination of parental- rights because it can constitute harm to the child, and the parent .may not be amenable to treatment despite the provision of services. S.J. v. Dept. of Children and Family Servs., 866 So. 2d 770 (Fla. 4th DCA 2004) (affirming termination of parental rights where mother had twice failed to complete outpatient treatment, refused inpatient treatment, and was arrested four times while DCF was providing services); see also Atwell v. Dept. of Hea…
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B.A. v. Dept. of Child. & Families (Fla. 4th DCA 2020)…e pregnant with children, and did well while in residential drug treatment, but failed to complete multiple treatment programs, and upon leaving last facility, violated her probation and was incarcerated); S.J. v. Dep’t of Children & Family Servs., 866 So. 2d 770, 771 (Fla. 4th DCA 2004) (affirming termination of parental rights where mother was twice unsuccessfully discharged from outpatient substance abuse treatment, refused inpatient treatment, and was arrested four times while under Department supervisio…
Authorities Cited
- Padgett v. Dep't OF Health & Rehabilitative Servs., 577 So. 2d 565 (Fla. 1991)
- Brown v. State, 849 So. 2d 1114 (Fla. 3d DCA 2003)