J.C., FATHER OF E.C. AND J.A.C., MINOR CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2019-10-11
No. 19-2277
Wallace, Tashima, Watford
Florida District Court of Appeal, First District (2019)

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Holding

The clear and convincing evidence standard adequately satisfies due process requirements for terminating parental rights.


Headnotes

[1] The clear and convincing evidence standard satisfies due process requirements when terminating parental rights.

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Key Quotes

“the clear and convincing evidence standard may be used to terminate parental rights as the standard 'adequately conveys to the factfinder the level of subjective certainty about [its] factual conclusions necessary to satisfy due process'”

Citation to Santosky v. Kramer, 455 U.S. 745, 769 (1982) in support of affirming the termination

Facts & Procedural History

Father J.C. appealed the termination of his parental rights regarding his minor children E.C. and J.A.C. The Department of Children and Families sough…

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Opinion of the Court

October 11, 2019 PER CURIAM.

AFFIRMED. See Santosky v. Kramer, 455 U.S. 745, 769 (1982) (holding that the clear and convincing evidence standard may be used to terminate parental rights as the standard “adequately conveys to the factfinder the level of subjective certainty about [its] factual conclusions necessary to satisfy due process”).

B.L. THOMAS, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Ryan Thomas Truskoski, Orlando, for Appellant. Sarah J. Rumph, Children’s Legal Services, Thomasina F. Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Guardian ad Litem Program, Tallahassee, for Appellee.


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