Dependency Law Finder

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

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In re D.H.22 So. 3d 863 (Fla. 2d DCA 2009) · 2D09-1757

Court
2nd DCA
Decided
2009-12-16
Case
TPR
Appellant
Mother

Reversed & remanded Termination reversed because DCF and the guardian ad litem conceded, and the court agreed, the continuing-threat ground lacked clear and convincing evidence.

Issue
TPR ground: continuing involvement threatens the child
Law cited
§ 39.806(1)(c)

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

On CourtListener
22 So.3d 863 (2009)

In the interest of D.H., a child,
B.F., Appellant,
v.
Department of Children and Family Services, and Guardian Ad Litem Program, Appellees.

No. 2D09-1757.

District Court of Appeal of Florida, Second District.

December 16, 2009.

*864 Jackson S. Flyte, Regional Counsel, Second District, and Jeffrey Sullivan, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and David J. Lopez, Assistant Attorney General, Tampa, for Appellee Department of Children and Family Services.

Jennifer S. Paullin, Orlando, for Appellee Guardian Ad Litem Program.

WHATLEY, Judge.

The Mother appeals the order terminating her rights to her daughter, D.H., based on section 39.806(1)(c), Florida Statutes (2008) (continuing involvement of parent threatens child irrespective of provision of services). The Department of Children and Family Services and the Guardian ad Litem concede that termination on this ground was not supported by clear and convincing evidence. Our review of the evidence presented at the termination hearing leads us to concur.

Accordingly, we reverse and remand for further proceedings.

CRENSHAW and MORRIS, JJ., Concur.

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