J.C., THE MOTHER, AND H.C., THE FATHER, APPELLANTS,
v.
THE DEPARTMENT OF CHILDREN & FAMILY SERVICES, ET AL., APPELLEES
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Florida appellate court reversed termination of parental rights judgments because the trial court failed to establish any statutory basis for the drastic remedy, specifically failing to show under Fla. Stat. § 39.806(1)(c) that continued interaction with the parents threatened the children's life, safety, or health in a manner that could not be remedied by services.
Parental rights termination requires a showing under Fla. Stat. § 39.806(1)(c) that continued interaction with the parent threatens the child's life, safety, or health and that this threat cannot be remedied by provision of services.
[1] Termination of parental rights under Fla. …
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Join FLexlaw to unlock all legal intelligence“'continued interaction with the parent threatens the life, safety, or health of the child, and ... that this threat cannot be remedied by the provision of services.'”
The court quoted the statutory requirement from section 39.806(1)(c) that must be satisfied to justify termination of parental rights.
J.C., the mother of two young children (ages three and eighteen months), and H.C., the father of the older child, had their parental rights terminated…
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J.C., the mother of three-year-old G.C. and eighteen-month-old J.C., and H.C., the father of G.C.,1 appeal from final judgments terminating their parental rights to those children. Although there are several other procedural and substantive issues which give us pause as to the legal sufficiency of the proceedings below, we reverse the judgments and remand for further proceedings on the fundamental ground that there was no showing of any statutory basis justifying that drastic remedy as to either child or either parent. With the immaterial distinction that the parents’ alleged inadequacies arose from drug use, rather than, as in this case, mental illness, the facts of the recent case of In re S.F., 22 So.3d 650 (Fla. 2d DCA 2009), are almost identical. Most importantly, as in S.F., there was no showing, as required by the only even arguably applicable provision, section 39.806(l)(c), Florida Statutes (2008), that “ ‘continued interaction with the parent threatens the life, safety, or health of the child, and ... that this threat cannot be remedied by the provision of services.’ ” In re S.F., 22 So.3d at 653 (quoting T.H. v. Dep’t of Children & Family Servs., 979 So.2d 1075, 1082 (Fla. 2d DCA 2008)). See also C.C. v. Dep’t of *666 Children & Family Servs., 812 So.2d 520 (Fla. 1st DCA 2002).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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A.H. the mother v. Dep't OF Child. & Families, 77 So. 3d 232 (Fla. 3d DCA 2011)…ely establish, as required, that “continued interaction with the [mother] threatens the life, safety, or health of the childfren], and ... that this threat cannot be remedied by the provision of services.”1 J.C. v. Dep’t of Children & Family Servs., 26 So. 3d 665, 665 (Fla. 3d DCA 2010) (quoting In re S.F., 22 So. 3d 650, 653 (Fla. 2d DCA 2009)). Here, the evidence showed that, albeit without always following her case safety plan in every respect or achieving success in doing so, the mother conscientiously e…
Authorities Cited
- C.C. v. Dep't of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002)
- In the Interest of T.H. v. Dep't of Child. & Fam. Servs. & Melinda Barnes, 979 So. 2d 1075 (Fla. 2d DCA 2008)
- In the Interest of S.F. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 22 So. 3d 650 (Fla. 2d DCA 2009)