C.C., FATHER OF J.C., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 5th DCA | 2013-02-25
No. 5D12-3417
Griffin, J., Palmer, J., Lawson, J.
108 So. 3d 699 Florida District Court of Appeal, Fifth District (2013) Positive Treatment
Cited by 2 cases

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Synopsis

Florida appellate court reversed and remanded a permanent guardianship order because the trial court failed to include statutorily required detailed findings and failed to specify the frequency and nature of parental visitation as mandated by section 39.6221(2).


Holding

A final order placing a child in permanent guardianship must contain detailed findings under section 39.6221(2)(a) and must specify the frequency and nature of visitation between the child and parents under section 39.6221(2)(c).


Headnotes

[1] A final order establishing permanent guardianship of a child must contain detailed findings as required by section 39.6221(2)(a) and must specify the frequency and nature…

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Key Quotes

“[S]pecify the frequency and nature of visitation or contact between the child and his or her parents”

Section 39.6221(2)(c) statutory requirement that trial court must specify in the final order

Facts & Procedural History

The trial court terminated the Department of Children and Families' protective supervision over J.C. and placed him in the permanent guardianship of h…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

C.C., father of J.C., timely appeals a final order which terminated the Department of Children and Families’ protective supervision over his son and placed J.C. in the permanent guardianship of his paternal aunt. Although the trial court’s decision is supported by competent, substantial evidence, the final order itself does not contain or reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). See, e.g., R.T., Sr. v. Dep’t. of Children and Families, 27 So.3d 195 (Fla. 5th DCA 2010). The order also fails to comply with section 39.6221(2)(c), Florida Statutes (2012), which requires the trial court to “[s]pecify the frequency and nature of visitation or contact between the child and his or her parents.” See, e.g., In re J.L.R., Jr., 64 So.3d 1283 (Fla. 2d DCA 2011).1 Accordingly, we reverse and re*700mand for entry of an amended order that meets the requirements of section 39.6221(2)(a) and (c), Florida Statutes.

REVERSED AND REMANDED.

GRIFFIN, PALMER and LAWSON, JJ., concur.


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Citator

Cited By

  • …at the children are dependent” is insufficient to comply with this requirement. Id. Accordingly, we reverse and remand for the entry of an amended order that meets the requirements of section 39.6221(2)(a). See C.C. v. Dep’t of Children & Families., 108 So. 3d 699 (Fla. 5th DCA 2013). Reversed and remanded. ALTENBERND and NORTHCUTT, JJ., Concur. . We deny the Father’s motion to take judicial notice of the record in J.S. In fact, we returned the record in J.S. to the trial court several years ago. Of co…

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