K.B., THE MOTHER
v.
DEPARTMENT OF CHILDREN & FAMILIES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court's termination of parental rights was affirmed under controlling precedent establishing the legal standards for such termination.
[1] A trial court's termination of parental rights may be affirmed where the court's decision is supported by controlling appellate precedent establishing the applicable lega…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceK.B., a mother, appealed the circuit court's termination of her parental rights to her child in a dependency action in Saint Lucie County.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Termination Of Parental Rights cases and more on FLexlaw
Andrew Feigenbaum of Children’s Legal Services, West Palm Beach, for appellee Department of Children and Families.
Sara Elizabeth Goldfarb and Sarah Todd Weitz of Statewide Guardian ad Litem Office, Tallahassee, for appellee Guardian ad Litem.
PER CURIAM.
Affirmed. See E.A. v. Dep’t Child. & Fams., 332 So. 3d 493 (Fla. 4th DCA 2021); V.S. v. Dep’t Child. & Fams., 322 So. 3d 1153 (Fla. 4th DCA 2021).
MAY and GERBER, JJ., concur. WARNER, J., concurs specially with opinion.
WARNER, J., concurring specially.
I concur in the affirmance of the final judgment terminating appellant’s rights to her child, as I am bound by V.S. and E.A. which are controlling in this district. I continue to maintain, however, as I did in my dissent in V.S., that the Legislature cannot abrogate the principles set forth in Padgett v. Department of Health & Rehabilitative Services, 577 So. 2d 565 (Fla. 1991), required to assure that the fundamental liberty interest of a parent to his or her child is protected. Only the supreme court can determine whether the constitutional interests of the parents are sufficiently protected under the statutes. In this case, the trial court did not conduct a least restrictive means inquiry, only making a conclusory finding that termination was the least restrictive means, based on E.A. v. Department of Children and Families, 332 So. 3d 493 (Fla. 4th DCA 2021), and section 39.806(2), Florida Statutes (2022).
* * *
Not final until disposition of timely filed motion for rehearing.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
K.B. v. Dep't of Child. & Families, 332 So. 3d 493 (Fla. 4th DCA 2023)
-
H.J. v. Dep't of Child. & Families, 352 So. 3d 521 (Fla. 3d DCA 2023)…hild. & Fams. v. S.S.L., 352 So. 3d 521, 528 (Fla. 5th DCA 2022) (reversing and remanding with instructions to terminate parents’ parental rights as to both children even though only one sibling had signs of abuse); E.A. v. Dep’t of Child. & Fams., 332 So. 3d 493, 499 (Fla. 4th DCA 2021) (upholding constitutionality of section 39.806(1)(f)). Affirmed.…
-
E.A. v. Dep't of Child. & Families, 46 Fla. L. Weekly D1807 (Fla. 4th DCA 2021)…ew of the final judgment terminating parental rights is whether the trial court’s finding that there is clear and convincing evidence to terminate parental rights is supported by competent, substantial evidence.” V.S. v. Dep’t of Child. & Fams., 322 So. 3d 1153, 1159 (Fla. 4th DCA 2021) (quoting T.B. v. Dep’t of Child. & Fams., 299 So. 3d 1073, 1076 (Fla. 4th DCA 2020)). In reviewing such, an appellate court is “not to conduct a de novo proceeding, reweigh the testimony and evidence given at the trial…1 / 3
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Padgett v. Dep't OF Health & Rehabilitative Servs., 577 So. 2d 565 (Fla. 1991)
- K.B. v. Dep't of Child. & Families, 332 So. 3d 493 (Fla. 4th DCA 2023)