S.R., THE FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Father appeals a permanent guardianship order placing his two minor children out of home and terminating protective supervision. The Fourth District Court of Appeal reversed and remanded because the trial court failed to make specific written findings regarding parental fitness and failed to specify the frequency of visitation as required by Florida Statute § 39.6221.
The trial court's order was deficient and reversed because it failed to make specific findings of fact regarding why the father was unfit and why reunification would endanger the children's well-being, and failed to delineate a specific visitation schedule as required by § 39.6221(2)(a) and (c).
[1] A trial court order placing a minor child in permanent guardianship must include specific written findings of fact explaining why parents are unfit and reunification is n…
[2] A trial court order establishing permanent guardianship must specify the frequency and nature of visitation or contact between the child and his or her parents.
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Join FLexlaw to unlock all legal intelligence“Section 39.6221, Florida Statutes, provides that when a trial court places a minor child in a permanent guardianship; it must: (a) List the circumstances or reasons why the child's parents are not fit to care for the cliild and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact; (c) Specify the frequency and nature of visitation' or contact between the child and his or her parents”
Establishes the statutory requirements for permanent guardianship orders that the trial court must follow
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Join FLexlaw to unlock all legal intelligenceS.R., the father, had two minor children placed in permanent guardianship by the trial court with his visitation limited to supervised only. The trial…
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ON CONFESSION OF ERROR
S.R., the Father, challenges the trial court’s order placing his two minor children in a permanent guardianship and terminating protective supervision. The Father argues that the trial court: (1) abused its discretion in limiting his visitation with the children to supervised only as this decision was not supported by competent, substantial evidence; and (2) failed to make the required statutory findings in its written order. We find merit with the Father’s lack of written findings argument, and the Department of Children and Families (“DCF”) concedes error.1 In light of our holding that the order is deficient for lack of findings, we are unable to address *132the Father’s remaining sufficiency of the evidence argument.
Section 39.6221, Florida Statutes, provides that when a trial court places a minor child in a permanent guardianship; it must:
(a) List the circumstances or reasons why the child’s parents are not fit to care for the cliild and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact;
(c) Specify the frequency and nature of visitation' or contact between the child and his or her parents;
§ 39,6221(2)(a),(c), Fla. Stat. (2016).
In the present case, the trial court made no specific findings in its written order that reunification would endanger the children’s physical, mental, or emotional well-being. Instead, the order generally concluded that “there is a continual need for out-of-home placement to ensure the children’s health, safety and wellbeing,” and that “[rjeunification with the parent(s) at this time would be contrary to the welfare and not in the best interest of the children.” This 'generic language is insufficient to satisfy the requirements of section 39.6221. See T.B. v. Dep’t of Children & Families, 189 So.3d 150, 153 (Fla. 4th DCA 2015). The order further fails to specify the frequency of the Father’s supervised visitation with the children. See In re Jr., 64 So.3d 1283, 1284-85 (Fla. 2d DOA 2011) (reversing a permanent guardianship order because it failed to establish a specific visitation schedule in violation of section 39.6221(2)(c), and remanding for the court to delineate the frequency of the mother’s visitation).
Therefore, we reverse and remand the permanent guardianship order for the trial court to make the necessary, specific written findings pursuant to section 39.6221, and to delineate the frequency of the Father’s supervised, visitation with the children.
Reversed and remanded.
TAYLOR and MAY, JJ., concur.
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- Davel M. Ross v. State, 64 So. 3d 1283 (Fla. 2d DCA 2011)
- T.B. v. Dep't of Child. & Families, 189 So. 3d 150 (Fla. 4th DCA 2015)