Dependency Law Finder

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

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C.B. v. Department of Children & Family Services848 So. 2d 1185 (Fla. 3d DCA 2003) · 3D02-990

Court
3rd DCA
Decided
2003-06-04
Case
TPR
Appellant
Mother

Reversed & remanded Termination reversed because DCF failed to prove any statutory ground for termination by clear and convincing evidence.

Issue
TPR: sufficiency of evidence, general
Law cited
§ 39.806(1) · § 39.809(1)

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

On CourtListener
PER CURIAM.

Appellant/Mother, C.B., appeals from the lower court’s Final Judgment termi*1186nating parental rights. We reverse on the ground that the Department of Children and Family Services (“Department”) failed to establish by clear and convincing evidence any basis for termination as required by section 39.806, Florida Statute. See § 39.809(1), Fla. Stat. (2002).

To support the termination of parental rights, the Department has the burden to show by clear and convincing evidence that a parent has abused, neglected, or abandoned a child and that permanent termination of parental rights is the least restrictive alternative. See § 39.806(1), Fla. Stat. (2002); Dunn v. Blumstein, 406 U.S. 330, 343, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972); Padgett v. Department of Health and Rehabilitative Services, 577 So.2d 565, 571 (Fla.1991).

We find that the Department failed to meet its burden in the instant case. Accordingly, the Order terminating C.B.’s parental rights is vacated and the matter remanded for further proceedings and/or action as may be appropriate.

Reversed and remanded.

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