H.J., THE MOTHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A parent's parental rights may be terminated under § 39.806(1)(f), Fla. Stat., when the parent had the opportunity and capability to prevent egregious conduct threatening the life, safety, or physical, mental, or emotional health of the child's sibling but knowingly failed to prevent it.
[1] Parental rights may be terminated when a parent had the opportunity and capability to prevent, and knowingly failed to prevent, egregious conduct that threatened the life…
[2] Reasonable efforts to preserve and reunify families are not required if a court has determined that a parent knowingly failed to prevent egregious conduct threatening a s…
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Join FLexlaw to unlock all legal intelligenceThe mother, H.J., appealed termination of her parental rights to her nine-year-old child, L.H., initiated by the Department of Children and Family Ser…
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Opinion filed July 5, 2023. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-2036 Lower Tribunal No. 19-64-K
________________
H.J., the mother,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An appeal from the Circuit Court of Monroe County, Bonnie J. Helms, Judge. Ana Gomez-Mallada (Fort Lauderdale), for appellant. Karla Perkins, for appellee Department of Children & Families; Sara Elizabeth Goldfarb, and Amanda Victoria Glass (Tallahassee), for appellee Guardian ad Litem. Before MILLER, GORDO, and BOKOR, JJ. MILLER, J.
Appellant, H.J., the mother, challenges an order terminating her parental rights to L.H., her nine-year-old child, at the behest of appellee, the
Department of Children and Family Services. As the incidents of violence and mental abuse chronicled in the record amply support the conclusion the mother had “the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threaten[ed] the life, safety, or physical,
mental, or emotional health of the . . . child’s sibling” and the termination was in the best interest of the child, we affirm and write only to commend the trial judge on her lucid, carefully crafted order and dispassionate handling of this troubling case. § 39.806(1)(f), Fla. Stat. (2022); see also § 39.806(2), Fla. Stat. (“Reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [paragraph (1)(f)] have occurred.”); S.M.O. v. Dep’t of Child. &
Fams., 357 So. 3d 773, 778 (Fla. 3d DCA 2023) (“Section 39.806(1)(f) permits termination of parental rights to siblings, even if there is no nexus between the egregious conduct and the potential harm to the siblings . . . .”);
Dep’t of Child. & 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.
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Citator
Cited By (11 total)
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H.J. v. Dep't of Child. & Families, 352 So. 3d 521 (Fla. 3d DCA 2023)…806(2), Fla. Stat. (“Reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [paragraph (1)(f)] have occurred.”); S.M.O. v. Dep’t of Child. & Fams., 357 So. 3d 773, 778 (Fla. 3d DCA 2023) (“Section 39.806(1)(f) permits termination of parental rights to siblings, even if there is no nexus between the egregious conduct and the potential harm to the siblings . . . .”); Dep’t of Child. & Fams. v. S.S.L., 352 So. 3…1 / 2
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C.H. v. Dep't of Child. & Families (Fla. 3d DCA 2023)…sh an ineffectiveness claim premised on an alleged conflict of interest the defendant must ‘establish that an actual conflict of interest adversely affected his lawyer's performance.’”) (citation omitted); see also S.M.O. v. Dep't of Child. & Fams., 357 So. 3d 773, 777–78 (Fla. 3d DCA 2023) (explaining that “[w]e review the trial court's findings under the highly deferential competent substantial evidence standard of review” and noting that section 39.806(1)(f), Florida Statutes, “permits termination of paren…
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Fla. Dep't of Child. & Families & the Guardian ad Litem v. M.H. (Fla. 1st DCA 2023)…ectness and will be overturned only if clearly erroneous or lacking evidentiary support.” Id. But no deference is required when “no theory or principle of law [ ] would support the trial court’s conclusion of law.” Dep’t of Child. & Fams. v. S.S.L., 352 So. 3d 521, 524 (Fla. 5th DCA 2022) (quoting Dep’t of Child. & Fams. v. D.E., 325 So. 3d 277, 279 (Fla. 5th DCA 2021)). Instead, we review the trial court’s legal conclusions de novo. G.S. v. T.B., 985 So. 2d 978, 982 (Fla. 2008) (explaining appellate courts “…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- 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)
- S.M.O. v. Dep't of Child. & Families, 357 So. 3d 773 (Fla. 3d DCA 2023)