E.I., THE MOTHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 4th DCA | 2008-04-16
No. 4D07-4847
GROSS and MAY, JJ., concur., GROSS and MAY, JJ., concur.
979 So. 2d 378 Florida District Court of Appeal, Fourth District (2008) Positive Treatment
Cited by 11 cases

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Holding

The court held that while the denial of the mother's motion for reunification was not an abuse of discretion, the trial court erred by failing to include specific factual findings in its order as required by statute, and thus remanded for a corrected order.


Headnotes

[1] A trial court must consider specific statutory factors when ruling on a motion for reunification, including compliance with the case plan, resolution of dependency-causin…

[2] While a trial court may deny a motion for reunification, it must include appropriate factual findings in its order addressing the relevant statutory factors.

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Facts & Procedural History

The mother appealed the trial court's denial of her motion for extraordinary relief and reunification for her minor child. The trial court had denied …

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Opinion of the Court
POLEN, J. POLEN, J.

POLEN, J.

Appellant E.I., the mother, appeals the trial court’s non-final denial of her motion for extraordinary relief and reunification in the case of the minor child, Et.I. E.I. argues the trial court erred in denying her motion for extraordinary relief and in failing to reopen the case. While we agree with the trial court’s denial of E.I.’s motion for extraordinary relief and reunification, we find the trial court erred in failing to include the appropriate factual findings in its order and remand for entry of a corrected order. When “a parent seeks reunification with a child, the child must be returned to his or her parent if the parent has substantially complied with the case plan and ‘if the court is satisfied that reunification will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health.’ ” T.F. v. Dep’t of Children & Family Servs., 881 So. 2d 702, 702 (Fla. 1st DCA 2004) (quoting B.D.E. v. Dep’t of Children & Family Servs., 829 So. 2d 359, 360 (Fla. 1st DCA 2002)).

Thus ... there are at least two factors that a trial court must consider when ruling on a motion for reunification: the parent’s compliance with the case plan and whether reunification would be detrimental to the children. As the statute suggests, when a parent has requested reunification and substantially complied with her case plan, there is a presumption that the children should be returned.

C.D. v. Dep’t of Children and Families, 974 So. 2d 495, 500 (Fla. 1st DCA 2008). The trial court must address the factors listed in section 39.522(2), which are:

(a) The compliance or noncompliance of the parent with the case plan;

(b) The circumstances which caused the child’s dependency and whether those circumstances have been resolved;

(c) The stability and longevity of the child’s placement;

(d) The preferences of the child, if the child is of sufficient age and understanding to express a preference;

(e) The recommendation of the current custodian; and

(f) The recommendation of the guardian ad litem....

§ 39.522(2), Fla. Stat. Neither of the trial court’s orders denying E.I.’s motions to reopen the case lists the factors to be considered under section 39.522(2), Florida Statutes. While the trial court did not abuse its discretion in denying E.I.’s motion, based on the record before us, it failed to comply with the statute by not addressing all the statutory factors, specifically: what caused the dependency in the first place and whether these circumstances were resolved; the stability and longevity of the child’s placement; and the recommendation of the current custodian.

We affirm the trial court’s denial of E.I.’s motion but remand for entry of a corrected order in compliance with the statute. See C.D., 974 So. 2d at 501. (“ordinarily a trial court’s failure to list adequate factual findings can be remedied by instructions to the trial court to enter those findings”). Of course nothing in this opinion precludes E.I. from bringing a new motion for reunification should she have additional evidence which would support such a ruling.

GROSS and MAY, JJ., concur. On Motion FOR Clarification

POLEN, J.

Appellee, the Department of Children and Families, has filed a motion for clarification of this court’s opinion in E.I. v. Department of Children and Families, 979 So. 2d 378, 2008 WL 1734505 (Fla. 4th DCA 2008). This court affirmed the trial court’s denial of E.I.’s motion for extraordinary relief and reunification but remanded for entry of a corrected order containing the appropriate factual findings required by Florida statute. The statute cited by this court was section 39.522(2), Florida Statutes, which deals with post-disposition changes in custody in active dependency cases.

On its motion for clarification, the Department asks this court to clarify its opinion by substituting section 39.621(10), Florida Statutes, as it is the controlling statute in this case as it deals with post-closure motions to reactivate. We agree with the Department’s assertion and correct the scrivener’s error in the previously issued opinion. We withdraw the section of the opinion referencing section 39.522(2), Florida Statutes, and substitute section 39.621(10), Florida Statutes, in its place. This substitution does not change the result of the case as the six factors to be considered by the court as per our opinion are found in section 39.621(10), Florida Statutes.

GROSS and MAY, JJ., concur.


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Citator

Cited By

  • E.I. v. Dep't of Child. & Families, 979 So. 2d 378 (Fla. 4th DCA 2008)
    …uch a ruling. GROSS and MAY, JJ., concur. [*380] On Motion FOR Clarification POLEN, J. Appellee, the Department of Children and Families, has filed a motion for clarification of this court’s opinion in E.I. v. Department of Children and Families, 979 So. 2d 378, 2008 WL 1734505 (Fla. 4th DCA 2008). This court affirmed the trial court’s denial of E.I.’s motion for extraordinary relief and reunification but remanded for entry of a corrected order containing the appropriate factual findings required by Florid…
  • C.S. v. Dep't OF Child. & Families, 12 So. 3d 309 (Fla. 4th DCA 2009)
    …antial completion of her case plan but denied relief without making specific written, factual findings as to why-reunification would not be in the best interests of her child. She appeals. We reverse. In E.I. v. Department of Children and Families, 979 So. 2d 378 (Fla. 4th DCA 2008), we held that a court is obligated to comply with section 89.621(10), requiring the trial court to address and include in the written findings of fact the following six factors: (a) compliance or noncompliance with the case plan…
  • S.P. v. Fla. Dep't of Child. & Fam. Servs., 17 So. 3d 878 (Fla. 1st DCA 2009)
    …ng denial of motion for reunification and order terminating department’s protective supervision sought by appeal; reversing and remanding for modification because record did not support certain factual finding); E.I. v. Dep’t of Children & Families, 979 So. 2d 378 (Fla. 4th DCA 2008) (reviewing denial of motion for extraordinary relief and reunification sought by appeal; affirming order but remanding for required factual findings); B.J. v. Fla. Dep’t of Children & Families, 974 So. 2d 527 (Fla. 3d DCA 2008) (…

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