M.S., THE MOTHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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Egregious conduct by a parent, including a pattern of ongoing neglect where the parent had the capacity to prevent the conduct but knowingly failed to do so, justifies termination of parental rights without requiring reunification plans or agreements.
[1] Egregious conduct justifying termination of parental rights may consist of a single act of such intensity, magnitude, or severity as to endanger the child's life, or a pa…
[2] When a parent's conduct constitutes egregious conduct, termination of parental rights without reunification plans or agreements is the least restrictive means available.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Egregious conduct may include an act or omission that occurred only once but was of such intensity, magnitude, or severity as to endanger the life of the child.”
Statutory definition of egregious conduct under Fla. Stat. 39.806(1)(f)2.
M.S., the mother, appealed a circuit court decision terminating her parental rights. The case involved allegations of neglect and egregious conduct to…
The full statement of facts, procedural history, and disposition for this case are member content.
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Third District Court of Appeal
State of Florida
Opinion filed July 23, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D26-0459
Lower Tribunal No. D25-15003-TP
M.S., the Mother, Appellant,
vs.
Department of Children and Families, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman, Judge.
Kevin C. Colbert, Assistant Regional Counsel, for appellant.
Karla Perkins, for appellee Department of Children and Families; Sara E. Goldfarb and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem.
Before LOGUE, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Fla. Stat. 39.806(1)(f)2. (“As used in this subsection, the term 'egregious conduct' means abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a normal standard of conduct. Egregious conduct may include an act or omission that occurred only once but was of such intensity, magnitude, or severity as to endanger the life of the child.”); In re S.V.B., 93 So. 3d 340, 342 (Fla. 2d DCA 2012) ("[Egregious conduct] may include an act or omission that occurred only once but was so severe that it endangered the child's life."); In re D.A.D. II, 903 So. 2d 1034, 1039 (Fla. 2d DCA 2005) (finding that a parent's conduct, including neglect, “in isolation may not rise to the level of egregious conduct" but that when "taken as a whole” the conduct can be considered egregious); M.C. v. Dep't of Children & Family Services, 814 So. 2d 449, 452 (Fla. 4th DCA 2001) (finding that egregious conduct is established by "a pattern of... ongoing neglect" and that the mother had the "capacity to prevent the egregious conduct... and knowingly failed to do so"); Interest of C.E., 263 So. 3d 202, 213 (Fla. 2d DCA 2019) (“However, in cases involving egregious conduct by a parent, 'the termination of parental rights without the use of plans or agreements is the least restrictive means.” (quoting In Interest of T.M., 641 So. 2d 410, 413 (Fla. 1994)); Dep't of Children & Families v. S.S.L., 352 So. 3d 521, 526 (Fla. 5th DCA 2022) (finding that a trial court's manifest
best interest finding will not be overturned where the child “had been stably placed with [other family members]—who were willing to adopt him and with whom he had a strong bond—for over a year”); P.R. v. Dep't of Children & Families, 337 So. 3d 456, 463 (Fla. 1st DCA 2022) (“The court's decision rested on the parents' egregious abuse of the infant, their efforts to cover up what happened, their inability to provide for and protect her, the [other family members'] ability to provide for and bond with the infant since she was placed with them, their desire and capacity to adopt her... and the recommendations of DCF and the GAL.").
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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- In the Interest of T.M. and F.M., 641 So. 2d 410 (Fla. 1994)
- H.J. v. Dep't of Child. & Families, 352 So. 3d 521 (Fla. 3d DCA 2023)
- In the Interest of S.V.B. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 93 So. 3d 340 (Fla. 2d DCA 2012)
- In the Interest OF C.E. v. Dep't of Child. & Families & Gardian Ad Litem Program, 263 So. 3d 202 (Fla. 2d DCA 2019)
- M.R. v. Dep't of Agric. & Consumer Servs., 337 So. 3d 456 (Fla. 1st DCA 2021)