MARIO D'AMICO, ET AL., APPELLANTS,

v.

ELVIRA FERRARA, ET AL., APPELLEES

Citator

Cited By

• D.S. v. Dep't of Child. & Families, 164 So. 3d 29 (Fla. 4th DCA 2015)
  …t of termination that could be used to protect the child from harm, then termination will not pass constitutional muster.’ ” A.H. v. Dep’t of Children & Families, 144 So. 3d 662, 665 (Fla. 1st DCA 2014) (quoting J.B. v. Dep’t of Children & Families, 107 So. 3d 1196, 1202 (Fla. 1st DCA 2013)). In A.H., the Department conceded that it had not proved that termination was the least restrictive means, where the children were being taken care of by a non-relative permanent guardian and there was no evidence that the…
• A.H. v. Dep't of Child. & Families, 144 So. 3d 662 (Fla. 1st DCA 2014)
  …here is significant risk of harm to the current child, or that there are no measures short of termination that could be used to protect the child from harm, then termination will not pass constitutional muster.” J.B. v. Dep’t of Children & Families, 107 So. 3d 1196, 1202 (Fla. 1st DCA 2013). “[T]he least restrictive means test [is not] intended to preserve the parental bonds at the cost of a child’s future. Instead, this test requires that ‘those measures short of termination should be utilized if such measure…
• I.T. v. Dep't of Child. & Families, 277 So. 3d 678 (Fla. 3d DCA 2019)
  …ect evidence that sufficiently “connect[s] [the mother’s] past with [her] present situation to show” that the children were at significant risk, the record is insufficient to support termination on this ground. J.B. v. Dep’t of Children & Families, 107 So. 3d 1196, 1202 (Fla. 1st DCA 2013). With regard to the mother’s failure to complete the case plan, contrary to the trial court’s findings, the record conclusively demonstrates that the mother’s fallibilities were precipitated by her dire economic circumstanc…