T.V., APPELLANT,
v.
DEP'T. OF CHILDREN & FAMILY SERVICES, APPELLEE
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T.V., a mother, appealed the trial court's termination of her parental rights to three children. The Florida District Court of Appeal affirmed the termination, finding clear and convincing evidence that the mother's serious mental health problems, violent tendencies, and threats posed a continuing danger to the children's lives and well-being.
The court affirmed the termination of parental rights, finding clear and convincing evidence that the mother's serious mental health condition, violent tendencies, threats, and lack of engagement with recommended services rendered her incapable of safely caring for her children and posed a danger to their lives and well-being.
[1] A trial court's order terminating parental rights is reviewed to determine if it is supported by substantial and competent evidence.
[2] The department bears the burden of proving by clear and convincing evidence that a parent has abused, neglected, or abandoned a child, or that the child faces a substanti…
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Join FLexlaw to unlock all legal intelligence“the mother suffers from á serious condition that renders her incapable of safely caring for her children, and poses a danger to the lives and future well-being of the children”
Establishes the court's finding that the mother's mental health condition and conduct rendered her unfit to parent
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Join FLexlaw to unlock all legal intelligenceThe mother has a documented history of serious mental health issues, including two Baker Act involuntary commitments, suicide note writing, and medica…
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RAMIREZ, J.
T.V., the natural mother, appeals the trial court’s order terminating her parental rights as to her three children, pursuant to section 39.01(45), Florida Statutes (2002). We find clear and convincing evidence that the mother’s continuing involvement with the children threaten the children’s lives or future well-being pursuant to section 39.806(1)(c), Florida Statutes (2002), and therefore affirm the trial court’s findings and conclusions.
The standard of review in a case where the trial court terminates parental rights is whether the judgment is supported by substantial and competent evidence. See F.A.F. v. Dep’t of Children and Family Servs., 804 So. 2d 616 (Fla. 3d DCA 2002). To justify a termination of parental rights, the department has the burden of proof to present clear and convincing evidence that a parent has abused, neglected or abandoned a child, or that the child is at substantial risk of future abuse, neglect, or abandonment. See E.K.B. v. Dep’t of Children and Families, 724 So. 2d 720, 721 (Fla. 3d DCA 1999).
We determine that the record evidence and trial testimony proves well beyond the clear and convincing standard of proof that the mother in this case suffers from á serious condition that renders her incapable of safely caring for her children, and poses a danger to the lives and future well-being of the children. The record demonstrates that the mother has a history of serious mental health problems. The mother has been Baker Acted at least twice, taken Prozac and Zanax medications, and written a suicide note. The record also shows that the mother has engaged in egregious conduct and demonstrated violent tendencies. She threatened family members with knives on more than one occasion, including her own mother and the father of one of the children. At the time of trial, the mother was incarcerated on charges related to these incidents. The mother likewise threatened to kill herself and the children. There is testimony that the mother twice threw a pillow at one of her children at a time during which the child was only a few months old. She admitted that she gets tense and lashes out whenever she is stressed.
The evidence further demonstrates that the mother’s risk of future neglect is high and it is unlikely that the mother’s mental health situation will change in the near future. The mother attended only three out of eight previously recommended visits to a mental health counselor. The mother believes that she does not need services because she was in “perfect condition,” and not a bad mother. She stated that her “major counselor is called Jesus Christ.”
Affirmed.
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C.G. v. The Dep't OF Child. & Families & The Guardian ad Litem Program, 67 So. 3d 1141 (Fla. 3d DCA 2011)…unless clearly erroneous or lacking in evidentiary support.” Id. at 801. With this in mind, the standard of review is whether the trial court’s judgment is supported by substantial and competent evidence. T.V. v. Dep’t of Children and Family Servs., 905 So. 2d 945, 946 (Fla. 3d DCA 2005). In order to terminate parental rights, the state must prove “that it has made a good faith effort to rehabilitate the parent and unify the family through a case plan and related services.” Padgett v. Dep’t of Health & Rehab…
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I.D. v. Dep't OF Child. & Families & The Guardian Ad Litem Program, 13 So. 3d 1117 (Fla. 3d DCA 2009)…mination of parental rights, DCF has the burden to prove by clear and convincing evidence abuse, neglect or abandonment, or that the child is at substantial risk of future abuse, neglect or abandonment. See T.V. v. Dep’t of Children & Family Servs., 905 So. 2d 945, 946 (Fla. 3d DCA 2005) (citing E.K.B. v. Dep’t of Children & Families, 724 So. 2d 720, 721 (Fla. 3d DCA 1999)). The standard of review where a trial court terminates parental rights on the basis of egregious conduct, is whether the order is support…
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M.C. v. Dep't OF Child. & Families, 186 So. 3d 74 (Fla. 3d DCA 2016)…t a trial court’s determination that clear and convincing evidence supports the termination of parental rights will not be overturned unless found to be clearly erroneous or lacking in evidentiary support); T.V. v. Dep’t of Children & Family Servs., 905 So. 2d 945, 946 (Fla.' 3d DCA 2005) (“The standard of review in a case where the trial court terminates parental rights is whether the judgment is supported by substantial and competent evidence.”). We recognize that “a parent who was not present during, or wh…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- F.A.F. v. Dep't of Child. & Fam. Servs., 804 So. 2d 616 (Fla. 3d DCA 2002)
- E.K.B. v. Dep't OF Child. & Families, 724 So. 2d 720 (Fla. 3d DCA 1999)