Dependency Law Finder

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

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P.J. v. Department of Children & Families1D20-1785

Court
1st DCA
Decided
2021-01-12
Case
TPR
Appellant
Mother
County
Okaloosa

Affirmed Termination affirmed on the incarceration ground because the mother's expected incarceration would be a significant portion of the child's minority.

Issue
TPR ground: incarceration
Facts
Parent's incarceration

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

Court's PDF On CourtListener
          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                 _____________________________

                         No. 1D20-1785
                 _____________________________

P. J., Mother of M.R.M., a Minor Child,

    Appellant,

    v.

DEPARTMENT OF CHILDREN AND FAMILIES,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Okaloosa County. Terrance R. Ketchel, Judge.

                         January 12, 2021


PER CURIAM.

     AFFIRMED. See § 39.806(1)(d), Fla. Stat. (2019) (establishing grounds for termination of parental rights to include “[w]hen the parent of a child is incarcerated and . . . [t]he period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s minority”); D.S. v. Dep’t of Children & Families, 
164 So. 3d 29, 34
 (Fla. 4th DCA 2015) (explaining that a court’s analysis of what constitutes a “significant portion of the child’s minority” under section 39.806(1)(d)1. “must look both at the length of the incarceration as well as its effect on the child’s need for permanency”). ROWE, M.K. THOMAS, and NORDBY, JJ., concur.

                  _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


P.J., pro se, Appellant.

Celines Garcia-Ryan, Assistant Regional Counsel, Fort Walton Beach, Thomasina F. Moore and Sara Goldfarb, Guardians ad Litem, Tallahassee, Stacey Wood, Children’s Legal Services, Fort Walton Beach, Shayna J. Parrish, Guardian ad Litem, Crestview, Sarah J. Rumph, Children’s Legal Services, Tallahassee, for Appellee. 

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