A.B., MOTHER, IN THE INTEREST OF: J.B., C.B., AND L.B., MINOR CHILDREN, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The court affirmed termination of parental rights under Florida Statutes sections 39.806(1)(c) and (e) based on the mother's conduct threatening the children's well-being and failure to comply with the case plan, but reversed the abandonment finding under section 39.806(1)(b) for lack of competent substantial evidence.
Parental rights may be terminated under sections 39.806(1)(c) and (e) when the mother's conduct threatens the children's well-being and she fails to comply with the case plan, but not under section 39.806(1)(b) for abandonment without competent substantial evidence.
[1] Termination of parental rights under Florida Statutes section 39.806(1)(b) for abandonment requires competent substantial evidence and cannot be sustained on the record w…
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Join FLexlaw to unlock all legal intelligenceA.B., the mother of three children, had her parental rights terminated by the trial court based on multiple statutory grounds, including abandonment, …
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PER CURIAM.
A.B., the mother of three children, appeals a final order terminating her parental rights. The finding of the trial court’s order terminating A.B.’s parental rights is supported by competent substantial evidence and termination is warranted under section 39.806(1)(c) and (e), Florida Statutes (2006), providing a basis for termination where the mother’s conduct threatens the well-being of her children irrespective of the provision of services by the Department of Children and Families and where she fails to comply with the case plan offered to her by the Department.
The trial court erred, however, in terminating A.B.’s parental rights based on abandonment as the competent substantial evidence does not support termination based upon abandonment under section 39.806(1)(b).
Accordingly, we affirm the termination of A.B.’s parental rights under section 39.806(1)(c) and (e), but reverse that portion of the order terminating her parental rights on the ground that she abandoned her children under section 39.806(1)(b) and remand for this finding to be stricken from the order. See J.C. v. Dep’t of Children and Families, 959 So. 2d 431 (Fla. 4th DCA 2007). AFFIRMED, in part, REVERSED in part, and REMANDED.
VAN NORTWICK, LEWIS, and THOMAS, JJ., concur.
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Citator
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K.W. v. State, 36 So. 3d 810 (Fla. 1st DCA 2010)…ing that K.W. abandoned the children], the termination of ... parental rights itself is affirmed, because two other grounds supporting termination were established by DCF.” 959 So. 2d at 431. Accord A.B. ex rel. J.B. v. Dep’t of Children & Families, 969 So. 2d 422, 422 (Fla. 1st DCA 2007) (affirming order terminating AB.’s parental rights where supported by adequate evidence on 39.806(l)(c) and (e) grounds, but reversing portion of order terminating parental rights under 39.806(b) on abandonment grounds for i…
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E.P. v. Fla. Dep't of Child. & Families, 274 So. 3d 555 (Fla. 1st DCA 2019)
Authorities Cited
- J.C. v. Dep't of Child. & Families, 959 So. 2d 431 (Fla. 4th DCA 2007)