Sections 39.806(1)(e)(1) and (3)-Evidence did not support the termination of a mother’s parental rights under Sections 39.806(1)(e)(1) or (3) for case plan noncompliance where review of the record showed mother had successfully completed all tasks in her case plans

C.R. v. Dep’t of Children & Families, 2018 Fla. App. LEXIS 11041 (Fla. Dist. Ct. App. 3d Dist. August 8, 2018) The Third DCA reversed and remanded the order that terminated mother’s parental rights pursuant to §§ 39.806(1)(e)(1) and 39.806(1)(e)(3), because the evidence did not support the trial court’s finding that mother had failed to […]

Case Plan Compliance

J.S. v. Department of Children and Families, 2017 WL 902184 (Fla. 5th DCA)  Mother appealed termination of her parental rights based solely upon her failure to follow a case plan.  The children were originally removed from Mother due to domestic violence.  Four months before the termination of parental rights trial, random drug tests and substance […]

In re N.L., 210 So. 3d 1288 (Fla. 2nd DCA 2016)

Father appealed an order adjudicating his child dependent. The Second District Court of Appeal reversed. The trial court found the child to be dependent as to Father solely based on Father’s failure to comply with a case plan for older children previously found dependent. No evidence was presented that the child was at “substantial risk of imminent abuse,abandonment […]

In re R.T., 2015 WL 1259666 (Fla. 2d DCA)

Mother petitioned the court for a writ of certiorari seeking to quash the trial court’s order requiring her three teenage sons to undergo therapeutic assessments in connection with the denial of Mother’s motion to amend a safety plan prohibiting Mother’s husband, S.K., from having contact with her sons. The Second District Court of Appeal (Second […]

C.B. v. Department of Children and Families, 148 So.3d 833 (Fla. 5th DCA 2014)

Father appealed part of the trial court’s dispositional order requiring him to participate in anger management. The Department conceded error in that the evidence presented to the trial court failed to demonstrate a need for such counseling. Florida Rule of Juvenile Procedure 8.410(b)(4) provides that the case plan be “meaningful and designed to address the […]

In re G.M., Jr., 71 So.3d 924 (Fla. 2d DCA 2011)

The father appealed the trial court’s order terminating his parental rights based on his failure to complete his case plan tasks and abandonment. The father argued he was unable to comply with his case plan because the Department of Children and Family Services (department) failed to make reasonable efforts to reunify the father with his […]

In re A.K., 2014 WL 1696142(Fla. 2d DCA)

The father (a non-offending parent living in Tennessee), appealed the trial court’s order setting permanent guardianship and placement of father’s children with their maternal grandparents and denying father’s motion for reunification. When the Department of Children and Families (department) moved to terminate services and request the children be placed permanently with the grandparents, the department […]