P.I., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 3d DCA | 2009-06-17
No. 3D08-2831
Before GERSTEN, C.J., and CORTIÑAS and SALTER, JJ.
14 So. 3d 1173 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 3 cases

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Synopsis

Mother P.I. appeals the termination of her parental rights to her two children after one child suffered severe abuse (traumatic brain injury) by the stepfather and the other child was force-fed to the point of bruising. The court affirmed the termination, finding clear and convincing evidence that the mother failed to protect the children from egregious abuse and could not establish a safe parent-child relationship.


Holding

The court affirmed the termination of parental rights, finding that clear and convincing evidence supported the trial court's findings that P.I. engaged in egregious conduct by failing to protect the children from severe abuse, was in denial about the abuse, and was utterly unable to protect the children. Termination was the only alternative available to protect the children from continued risk of abuse and neglect.


Headnotes

[1] Parental rights may be terminated when a parent fails to protect a child from egregious abuse, even if the parent did not personally participate in the abuse.

[2] A parent's failure to protect a child from abuse, coupled with an inability to safeguard the child from future harm, can support termination of parental rights.

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Key Quotes

“The trial court's final judgment is amply supported by clear and convincing evidence. The record is replete with expert testimony, as well as the testimony from the mother herself, to support the trial court's findings of egregious conduct and abuse, and finding that there is no way the mother can safeguard the children from further such conduct and abuse.”

Establishes the appellate court's standard of review and confirms the evidentiary support for the termination decision.

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Facts & Procedural History

P.I. had two children: A.N. (born March 2006) and T.M., Jr. (born September 2007). A.N. was hospitalized with severe injuries including a traumatic br…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

P.I., the mother, appeals the final judgment terminating her parental rights as to her two children, A.N. and T.M., Jr. Finding that the judgment is supported by clear and convincing evidence, we affirm.

P.I. has two children, T.M., Jr., born September 6, 2007, and A.N., born March 8, 2006. The children were placed in shelter care after A.N. was taken to the hospital because he was vomiting excessively. This had been going on for a week. The child was lethargic and had various bruises on his face and body. The bruises seemed to be a week old. There was fluid on the brain resulting from trauma. Testing ruled out any possible cause other than trauma. There was testimony that the brain injury was four to six weeks old. The Child Protection Team diagnosed severe abuse.

The trial court found that A.N.’s stepfather (T.M., Sr.) inflicted these and other injuries. P.I. was aware that T.M., Sr. abused A.N.; P.I. had left the home on three occasions because of the abuse, but returned each time. P.I. had witnessed T.M., Jr., being force-fed by the father to the point where the child had bruises on *1174his face. She did not do anything to avoid further abuse.

The parents had a history of DCF abuse reports. The step-father had abused A.N. on three prior occasions. The step-father also hit P.I. and she was afraid of him. P.I. and her own mother have a history of mental illness. There was testimony that P.I. had attempted suicide several times, did not take prescribed medications, and felt she did not need them. She did not follow up on referrals for services.

The Department of Children and Family Services [“DCF”] sought to terminate the mother’s parental rights as to both children. DCF asserted that under section 39.806(1)(c), Florida Statutes (2008), there was no way of establishing a safe parent-child relationship. It alleged that P.I. had failed to protect the child from abuse by the step-father and had no ability to protect the children. DCF further alleged egregious conduct by P.I. and T.M., Sr., as to each child pursuant to section 39.806(1)(f), Florida Statutes (2008).

There was expert testimony that P.I. was in denial that any abuse was occurring. There was also testimony that she is utterly unable to protect the children. The guardian ad litem also recommended termination as to both children.

The court terminated the mother’s parental rights as to both children. This appeal followed.

The trial court’s final judgment is amply supported by clear and convincing evidence. The record is replete with expert testimony, as well as the testimony from the mother herself, to support the trial court’s findings of egregious conduct and abuse, and finding that there is no way the mother can safeguard the children from further such conduct and abuse. The testimony demonstrates she failed to protect A.N., and was not even fully conscious that what the child was experiencing amounted to abuse.

This is a case where termination is the only alternative available to protect the children. See Padgett v. Dep’t of Health & Rehab. Servs., 577 So.2d 565, 572 (Fla.1991). The simple fact of waiting a month after A.N.’s brain injury, to take the child to the hospital — and then only after he had been vomiting and not speaking for days — supports the court’s finding. § 39.806(2), Fla. Stat. (2008). There is also every reason to believe that the abuse and neglect in this case will continue, placing the children at continued risk. A.C. v. Dep’t of Children & Families, 798 So.2d 32, 35 (Fla. 4th DCA 2001). Additionally, even a parent who is not present, or who does not personally participate in abuse, but who knowingly fails to protect the child from egregious abuse may have his or her parental rights terminated. C.S. v. State, Dep’t of Health & Rehabilitative Servs., 697 So.2d 914 (Fla. 2d DCA 1997). Based on the same reasoning, termination as to T.M., Jr., is also justified. K.A. v. Dep’t of Children & Family Servs., 880 So.2d 705, 708 (Fla. 2d DCA 2004). The mother witnessed the father’s treatment of the child but was never able to stop it. Here, DCF met its burden of presenting evidence to support the court’s finding that sections 39.01 and 39.806 were satisfied.

This opinion shall become effective immediately, notwithstanding the filing of any motion for rehearing.

Affirmed.


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Citator

Cited By

  • A.H. the mother v. Dep't OF Child. & Families, 77 So. 3d 232 (Fla. 3d DCA 2011)
    …[and][t]he evidence also suggests that she will knowingly fail to take steps to protect [the other children] from abuse”), cause dismissed, 61 So. 3d 411 (Fla.2011), and review denied, 60 So. 3d 1054 (Fla.2011); P.I. v. Dep’t of Children & Families, 14 So. 3d 1173, 1174 (Fla. 3d DCA 2009) (affirming termination of mother’s parental rights for egregious conduct and abuse where evidence supported trial court’s finding that “there is no way the mother can safeguard the children from [the stepfather]”); A.B. v. F…
  • …s appropriate where the father knew the child was injured and virtually nonresponsive because of head-trauma caused by the wife, the father neglected to seek medical attention for over six hours, and the child died); P.I. v. Dep't of Child. & Fams., 14 So. 3d 1173 (Fla. 3d DCA 2009) (holding termination was supported by competent substantial evidence where there was expert testimony established the child was lethargic and 7 The Mother further argues that the trial court improperly shifted the burden of proof…

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