IN THE INTEREST OF A.F., A CHILD. S.P.R., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM PROGRAM, APPELLEES. IN THE INTEREST OF A.F., A CHILD. B.F., APPELLANT, V. DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM PROGRAM, APPELLEES
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The court held that the parents' trial counsel's alleged deficiencies did not so prejudice the outcome of the termination of parental rights proceeding that the parents' rights would not have been terminated but for the deficient representation.
[1] Ineffective assistance of counsel claims in termination of parental rights proceedings require a showing that counsel's deficient representation prejudiced the outcome, m…
[2] A trial court's failure to dispose of timely filed motions alleging ineffective assistance of counsel within twenty-five days results in the motions being deemed denied.
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Join FLexlaw to unlock all legal intelligenceThe Department of Children and Families petitioned to terminate the parental rights of the infant's parents after the infant suffered fourteen fractur…
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S.P.R. and B.F. (the parents) appeal the denial of their motions alleging ineffective assistance of counsel at the trial of the Department of Children and Families’ petition to terminate their parental rights to their infant daughter. The parents filed timely motions, which were deemed denied after the trial court failed to dispose of the motions within twenty-five days after filing. J.B. v. Fla. Dep’t of Children & Families, 170 So.3d 780, 794-795 (Fla. 2015). We affirm the denial of relief.1
The Department presented uncontested evidence that between the ages of two and five months, the infant suffered fourteen fractures to fourteen different bones. When these injuries were discovered, they were at different stages of healing, demonstrating that they did not occur in a single traumatic event. The child had never been to daycare and never had a babysitter. Yet, the parents provided conflicting explanations for the cause of the fractures.
We have reviewed carefully the records on appeal. Based on the standard established by the supreme court in J.B., we conclude that trial counsel’s alleged deficiencies did not “so prejudice[ ] the outcome of the TPR proceeding that but for counsel’s deficient representation the parent’s rights would not have been terminated.” Id. at 792-93.2 Accordingly, we affirm the order terminating the parents’ rights to their daughter and the disposition of the motions alleging ineffective assistance of counsel.
Affirmed.
NORTHCUTT and CRENSHAW, JJ., Concur.