E.L.J., FATHER OF A.J. AND B.J., EACH A MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The clear and convincing evidence standard adequately satisfies due process requirements in parental rights termination proceedings.
[1] The clear and convincing evidence standard is constitutionally adequate to satisfy due process requirements in proceedings to terminate parental rights.
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Join FLexlaw to unlock all legal intelligence“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), as basis for affirming the termination decision
E.L.J., the father of two minor children, appealed the termination of his parental rights. The trial court applied the clear and convincing evidence s…
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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. Ward L. Metzger, Department of Children and Families, Jacksonville, Thomasina F. Moore, Statewide Director of Appeals and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Guardian ad Litem Program, Tallahassee, for Appellee.