DANIEL GARNICKI, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (19 total)

• N.S. and D.R. v. The Dep't OF Child. & Families & The Guardian Ad Litem Program, 36 So. 3d 776 (Fla. 3d DCA 2010)
  …domestic violence); B.C. v. Fla. Dep’t of Children & Families, 887 So. 2d 1046, 1048 (Fla.2004) (incarceration); In re T.M., 641 So. 2d 410, 410 (Fla.1994) (actual abuse and incarceration); Padgett, 577 So. 2d at 568 (actual abuse); A.J. v. K.A.O., 951 So. 2d 30, 32 (Fla. 5th DCA 2007) (abandonment and incarceration); In re K.W., 891 So. 2d 1068, 1069 (Fla. 2d DCA 2004) (drug abuse).3 In such a case, as stated by the majority, “[DCF] ordinarily must show that it has made a good faith effort to rehabilitate…

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• Statewide Guardian AD Litem Program v. A.A., 171 So. 3d 174 (Fla. 5th DCA 2015)
  …nt may not receive greater consideration than any other factor weighing on the manifest best interest of the child and may not be considered as a factor weighing against termination of parental rights. § 39.810(1), Fla. Stat. (2014); A.J. v. K.A.O., 951 So. 2d 30, 33 (Fla. 5th DCA 2007) (“[T]he existence of a long-term relative placement is not the dispositive constitutional consideration [*178] in applying the least restrictive means test. Nor is the least restrictive means test intended to preserve the par…
• In the Interest of Z.C.(1) & Z.C.(2) v. K.D. and Z.H., 88 So. 3d 977 (Fla. 2d DCA 2012)
  …. v. Dep’t of Children & Families, 955 So. 2d 1240 (Fla. 5th DCA 2007) (“[T]he existence of a long-term relative placement is not the ‘dispositive constitutional consideration’ in applying the least-restrictive means test.”) (quoting A.J. v. K.A.O., 951 So. 2d 30 (Fla. 5th DCA 2007)). Thus, the trial court erred in concluding that, because a permanent guardianship was a placement option, DCF failed to prove termination was the least restrictive means of protecting the children. VI. The trial court was precl…

Authorities Cited

• Lemuel E. Isaac v. State, 911 So. 2d 813 (Fla. 1st DCA 2005)
• Patricio Nino v. State, 937 So. 2d 756 (Fla. 3d DCA 2006)