D.G., MOTHER OF J.R., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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PER CURIAM.
In this dependency case, the lower court changed custody of the minor child to the child’s father pursuant to section 39.521(3)(b), Florida Statutes (2005). At the time of the order transferring custody, however, the mother had substantially complied with her case plan, which had the sole goal of reunification of the child with the mother. Based on this fact, the court’s change in custody was erroneous in the absence of a determination that reunification would be detrimental to the child. D.S. v. Dep’t of Children & Families, 900 So. 2d 628 (Fla. 5th DCA 2005). We therefore vacate the permanent custody order and remand this cause to the lower court with instructions that it reunify, unless the court, upon sufficient factual findings, concludes that to do so would be detrimental to the child.
REVERSED AND REMANDED.
SHARP, W., PLEUS, and TORPY, JJ., concur.
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R.H. v. Dep't of Child. & Families, 948 So. 2d 898 (Fla. 5th DCA 2007)…hildren returned to her unless the court determined the safety, well-being, and physical, mental and emotional health of the children would be endangered by their return. § 39.522(2), Fla. Stat. (2005). See also D.G. v. Dep’t of Children & Families, 903 So. 2d 1042 (Fla. 5th DCA 2005); D.S., 900 So. 2d at 632. We reject this argument. The trial court’s conclusion that the mother had not substantially completed her case plan was amply supported by the record. On remand, the trial court may choose to give the m…
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M.M. v. Dep't OF Child. & Families, 29 So. 3d 1200 (Fla. 5th DCA 2010)…ion would be detrimental to the children. E.g., K.E. v. Dep’t of Children and Families, 958 So. 2d 968, 972 (Fla. 5th DCA 2007); R.H. v. Dep’t of Children and Families, 948 So. 2d 898, 900 (Fla. 5th DCA 2007); D.G. v. Dep’t of Children and Families, 903 So. 2d 1042 (Fla. 5th DCA 2005); D.S. v. Dep’t of Children and Families, 900 So. 2d 628, 631-32 (Fla. 5th DCA 2005). Accordingly, we reverse the final order and remand for further proceedings consistent with this binding precedent. On remand, the trial court mu…
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K.C. v. Dep't of Child. & Families, 227 So. 3d 783 (Fla. 5th DCA 2017)…of Child. & Fams., 29 So. 3d 1200, 1201 (Fla. 5th DCA 2010) (citing K.E. v. Dep’t of Child. & Fams., 958 So. 2d 968, 972 (Fla. 5th DCA 2007); R.H. v. Dep’t of Child. & Fams., 948 So. 2d 898, 900 (Fla. 5th DCA 2007); D.G. v. Dep’t of Child. & Fams., 903 So. 2d 1042, 1042 (Fla. 5th DCA 2005); D.S. v. Dep’t of Child. & Fams., 900 So. 2d 628, 631-32 (Fla. 5th DCA 2005)); see also B.W. v. Dep’t of Child. & Fams., 114 So. 3d 243, 249 (Fla. 5th DCA 2013). Here, the trial court ordered Mother to comply with a case…
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- D.S. v. Dep't OF Child. & Families, 900 So. 2d 628 (Fla. 5th DCA 2005)