Dependency Law Finder

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

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S.P.R. v. Department of Children & Families210 So. 3d 734 (Fla. 2d DCA 2017) · 2DCASE2D16-3011

Court
2nd DCA
Decided
2017-02-10
Case
TPR
Appellant
Both parents
County
Lee

Affirmed Denial of the parents' ineffective assistance claims affirmed because counsel's alleged deficiencies did not change the termination outcome given the infant's fourteen unexplained fractures.

Issue
Right to counsel & ineffective assistance
Facts
Physical abuse or injury

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
LaROSE, Judge.

S.P.R. and B.F. (the parents) appeal the denial of their motions alleging ineffective assistance of counsel at the trial of the Department of Children and Families’ petition to terminate their parental rights to their infant daughter. The parents filed timely motions, which were deemed denied after the trial court failed to dispose of the motions within twenty-five days after filing. J.B. v. Fla. Dep’t of Children & Families, 170 So.3d 780, 794-795 (Fla. 2015). We affirm the denial of relief. 1

The Department presented uncontested evidence that between the ages of two and five months, the infant suffered fourteen fractures to fourteen different bones. When these injuries were discovered, they were at different stages of healing, demonstrating that they did not occur in a single traumatic event. The child had never been to daycare and never had a babysitter. Yet, the parents provided conflicting explanations for the cause of the fractures.

We have reviewed carefully the records on appeal. Based on the standard established by the supreme court in J.B., we conclude that trial counsel’s alleged deficiencies did not “so prejudice[ ] the outcome of the TPR proceeding that but for counsel’s deficient representation the parent’s rights would not have been terminated.” Id. at 792-93. 2 Accordingly, we affirm the order terminating the parents’ rights to their daughter and the disposition of the motions alleging ineffective assistance of counsel.

Affirmed.

NORTHCUTT and CRENSHAW, JJ., Concur.
1

. We have consolidated these appeals.

2

. The supreme court is in the process of adopting a rule of procedure for bringing and resolving claims of ineffective assistance of counsel in termination of parental rights cases. See Joint Report of the Select Committee on Claims of Ineffective Assistance of Counsel in the Termination of Parental Rights Proceedings, In re Amendments to Florida Rules of Juvenile Procedure and Florida Rule of Appellate Procedure 9.146, No. SC16-553 (Fla. Mar. 31, 2016).

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