Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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M.D. v. Department of Children & Families979 So. 2d 383 (Fla. 1st DCA 2008) · 1D07-5021

Court
1st DCA
Decided
2008-04-17
Case
TPR
Appellant
Mother

Reversed & remanded Termination reversed because DCF failed to prove the mother's continued involvement would harm the children.

Issues
TPR ground: continuing involvement threatens the child, TPR ground: prior involuntary TPR of a sibling
Law cited
§ 39.806(1)(c), (1)(i)

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
979 So.2d 383 (2008)

M.D., mother of C.D. and B.D., minor children, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D07-5021.

District Court of Appeal of Florida, First District.

April 17, 2008.

James R. Goff of Northwest Florida Legal Services, Inc., Pensacola, for Appellant.

Katie George and Eric D. Schurger, Assistant Circuit Legal Counsel of Department of Children and Families, Pensacola, and Annette Lizardo of Florida Statewide Guardian Ad Litem Office, Orlando.

PER CURIAM.

Appellant M.D. seeks review of an order terminating her parental rights to C.D. and B.D. pursuant to section 39.806(1)(c) and (i), Florida Statutes (2006). Appellant argues the Department of Children and Families failed to prove her continued involvement would harm the children. Under the relevant case law, appellant is correct. See Fla. Dep't of Children & Families v. F.L., 880 So.2d 602, 610 (Fla.2004); M.H. v. Dep't of Children & Families, 866 So.2d 220, 222-24 (Fla. 1st DCA 2004). REVERSED and REMANDED.

WOLF, KAHN, and VAN NORTWICK, JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.