I.Z., THE MOTHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN & FAMILIES AND GUARDIAN AD LITEM PROGRAM, APPELLEES

Fla. 4th DCA | 2007-10-31
No. 4D07-1754
KLEIN and MAY, JJ., concur.
967 So. 2d 425 Florida District Court of Appeal, Fourth District (2007) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the trial court's order terminating protective supervision and placing the child in permanent guardianship met statutory requirements and was supported by competent substantial evidence.


Headnotes

[1] A court may place a child in permanent guardianship if reunification or adoption is not in the child's best interest and specific statutory conditions are met.

[2] Statutory conditions for permanent guardianship include the child having been in placement for at least six months, the guardian being suitable and able to provide a safe…

Previewing 2 of 5 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

Facts & Procedural History

The mother appealed the trial court's order terminating the Department of Children and Families' protective supervision and placing the child in perma…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
POLEN, J.

POLEN, J.

Appellant I.Z., the mother, appeals the trial court’s final order terminating Appel-lee’s, the Department of Children and Families (DCF), protective supervision and placing S.F., the child, in a permanent guardianship. This termination follows a long history of DCF involvement with I.Z. and the minor child. Following the recommendation of the general magistrate, the trial court determined that I.Z. had not substantially complied with the case plan given her by DCF and that permanent placement was in the child’s best interest, while still allowing I.Z. to have supervised visitation with the child. We affirm the trial court’s holding.

Section 39.6221, Florida Statutes, controls the placement of a child in a permanent guardianship, and provides as follows:

(1) If a court determines that reunification or adoption is not in the best interest of the child, the court may place the child in a permanent guardianship with a relative or other adult approved by the court if all of the following conditions are met:
(a) The child has been in the placement for not less than the preceding 6 months.

(b) The permanent guardian is suitable and able to provide a safe and permanent home for the child.

(c) The court determines that the child and the relative or other adult are not likely to need supervision or services of the department to ensure the stability of the permanent guardianship.

(d) The permanent guardian has made a commitment to provide for the child until the child reaches the age of majority and to prepare the child for adulthood and independence.

(e) The permanent guardian agrees to give notice of any change in his or her residential address or the residence of the child by filing a written document in the dependency file of the child with the clerk of the court.

(2) In its written order establishing a permanent guardianship, the court shall:

(a) List the circumstances or reasons why the child’s parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudi-' eating the child dependent or by making separate findings of fact;

(b) State the reasons why a permanent guardianship is being established instead of adoption;

(c) Specify the frequency and nature of visitation or contact between the child and his or her parents;

(d) Specify the frequency and nature of visitation or contact between' the child and his or her grandparents, under s. 39.509;

(e) Specify the frequency and nature of visitation or contact between the child and his or her siblings; and (f) Require that the permanent guardian not return the child to the physical care and custody of the person from whom the child was removed without the approval of the court.

§ 39.6221(1) and (2), Fla. Stat. Once permanent guardianship has been established, the trial court shall “relieve [DCF] of the responsibility for supervising the placement of the child.” § 39.6221(5), Fla. Stat. In determining whether the trial court erred in placing the child in a permanent guardianship and in terminating protective supervision, this court looks at whether the statutory factors detailed above have been met. See J.H. v. Dep’t of Children and Families, 924 So. 2d 965, 966 (Fla. 4th DCA 2006).

In the final order granting DCF’s motion to place the child in permanent guardianship and terminating protective supervision, the trial court determined that all the factors listed above had been met. Further, the trial court detailed that “[rjeasonable efforts were made to prevent, or eliminate the need for removal of the child from the home by the Department,” but that “[rjeunification with the parents at this time would be contrary to the welfare and not in the best interests of the child” as the parents had not benefited from DCF’s services nor substantially complied with their case plans. The trial court detailed why permanent guardianship was in the child’s best interest, stating: “[A]ll parties agree that the parent(s) should be able to maintain some contact with the child.” The trial court also detailed the desired frequency of I.Z.’s contact with the child.

We find the trial court’s order met the statutory requirements for terminating protective supervision and for placing the child in a permanent guardianship. Further, we find the trial court’s determination that I.Z. had not substantially complied with her case plan is supported by competent substantial evidence. See B.L. v. Dep’t of Children and Families, 950 So. 2d 1264, 1265 (Fla. 5th DCA 2007).

We affirm.

KLEIN and MAY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • I.Z. v. B.H. and R.M., 53 So. 3d 406 (Fla. 4th DCA 2011)
    …t affirmed the trial court’s final order terminating DCF’s protective supervision and specifically noted that all parties agreed that the [*407] parent(s)1 should be able to maintain some contact with the child. I.Z. v. Dep’t of Children & Families, 967 So. 2d 425, 427 (Fla. 4th DCA 2007). In July 2009, B.H. and R.M. filed a petition to terminate the mother’s parental rights alleging that the mother abandoned the child, the mother engaged in conduct toward the child which demonstrated that her continuing inv…
  • …nd terminating protective supervision by the Department of Children & Family Services (DCF), we look at whether the trial court considered and applied the factors set forth in the permanent guardianship statute. I.Z. v. Dep’t of Children & Families, 967 So. 2d 425, 427 (Fla. 4th DCA 2007). Section 39.6221, Florida Statutes (2012), lists the factors that the trial court must consider in determining that reunification or adoption is not in the best interest of the child and that a permanent guardianship is appr…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw