J.D., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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J.D., a father, appeals a final judgment terminating his parental rights to his child, H.D. The appellate court affirmed the termination, finding substantial, competent evidence supporting the trial court's determination that statutory grounds for termination existed under Florida Statutes section 39.806(1)(e)(1).
The court affirmed the termination judgment because the record contained substantial, competent evidence that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination existed, specifically failure to substantially comply with the case plan under section 39.806(1)(e)(1), Florida Statutes.
[1] Establishment of one statutory ground for termination of parental rights by clear and convincing evidence is sufficient to affirm a termination judgment, regardless of ev…
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Join FLexlaw to unlock all legal intelligence“Establishment of but one of the statutory grounds for termination by clear and convincing evidence is enough to affirm a [termination of parental rights] order.”
B.T. v. Dep't of Child. & Fams., 300 So. 3d 1273, 1281 (Fla. 1st DCA 2020)
J.D. failed to substantially comply with a case plan established in a dependency proceeding concerning his child, H.D. The Department of Children and …
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Karla Perkins, for appellee Department of Children & Families; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee), for appellee Guardian ad Litem. Before EMAS, HENDON and LOBREE, JJ.
PER CURIAM.
J.D., the father, appeals a final judgment terminating his parental rights to his child, H.D. We affirm because the record contains substantial, competent evidence that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination exist, specifically section 39.806(1)(e)(1), Florida Statutes (2021), failure to substantially comply with the case plan. See N.B. v. Fla. Dep’t of Child. & Fams., 183 So. 3d 1186, 1187 (Fla. 3d DCA 2016) (“The standard of review for challenges to the sufficiency of the evidence supporting a termination of parental rights is whether the trial court’s order is supported by substantial competent evidence.” (quoting T.P. v. Dep’t of Child. & Fam. Servs., 935 So. 2d 621, 624 (Fla. 3d DCA 2006)).
“Establishment of but one of the statutory grounds for termination by clear and convincing evidence is enough to affirm a [termination of parental rights] order.” B.T. v. Dep’t of Child. & Fams., 300 So. 3d 1273, 1281 (Fla. 1st DCA 2020). Any argument that the final judgment was entered in the absence of due process is deemed abandoned, as the father did not raise the issue in his initial brief. See Ashear v. Sklarey, 247 So. 3d 574, 577 n.3 (Fla. 3d DCA 2018).
Affirmed.
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Citator
Authorities Cited
- T.P. v. Dep't of Child. & Fam. Servs., 935 So. 2d 621 (Fla. 3d DCA 2006)
- T.D. v. Dep't of Child. & Families, 187 So. 3d 365 (Fla. 5th DCA 2016)
- N.B. v. Fla. Dep't OF Child. & Families, 183 So. 3d 1186 (Fla. 3d DCA 2016)
- Ashear v. Sklarey, 247 So. 3d 574 (Fla. 3d DCA 2018)