B.R., FATHER OF N.R., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, AND L.P., MOTHER OF N.R., A CHILD, APPELLEES
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This opinion is a dissent arguing that a specific statutory ground for termination of parental rights, based on chronic substance abuse and failure to complete treatment, is nonsensical as written and should not be applied.
The dissenting judge believes the trial court was correct in its interpretation and that the statute as written does not make sense in allowing termination to be overturned if treatment was completed, even if the parent remains incapable of caring for the child.
The case involves a petition to terminate parental rights. The dissenting judge disagrees with the majority's decision to remand for removal of termin…
The full statement of facts, procedural history, and disposition for this case are member content.
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The father, B.R., appeals from an order placing his child, N.R., in permanent guardianship. Based upon the State’s proper concession of error, we reverse.
Section 39.621(3)(a), Florida Statutes (2011), requires the Department to file and serve, at least three business days before the permanency hearing, a judicial review social services report which includes a recommended permanency goal and an explanation as to why such a recommendation is in the best interest of the child. The State concedes no such notice was provided. Cf. In re KM., 86 So.3d 556, 560 (Fla. 2d DCA 2012) (reversing where Department of Children and Family Services did not provide mother with proper notice of permanency hearing).
REVERSED.
TORPY, COHEN and JACOBUS, JJ., concur.
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- In the Interest of K.M. v. Dep't of Child. & Fam. Servs., 86 So. 3d 556 (Fla. 2d DCA 2012)