Dependency Law Finder

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

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

C.L. v. Department of Children & Families3D20-0590

Court
3rd DCA
Decided
2020-10-21
Case
TPR
Appellant
Father
County
Miami-Dade

Affirmed Termination affirmed because the child was in care 12 of 22 months and the father did not substantially comply with the case plan.

Issue
TPR ground: case plan noncompliance / continuing abuse
Law cited
§ 39.522(2) (now § 39.522(4)) · § 39.806(1)(e)3.

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
       Third District Court of Appeal
                               State of Florida
                         Opinion filed October 21, 2020.
         Not final until disposition of timely filed motion for rehearing.
                               ________________
                                No. 3D20-590
                         Lower Tribunal No. 14-16072
                            ________________

                              C.L., the Father,
                                    Appellant,
                                        vs.
              Department of Children and Families, et al.,
                                   Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
      Thomas Butler, P.A., and Thomas J. Butler, for appellant.
     Karla Perkins for appellee, Department of Children and Families; Thomasina F. Moore and Laura J. Lee (Tallahassee) for appellee, Guardian ad Litem Program.
      Before EMAS, C.J., and MILLER and GORDO, JJ.
      PER CURIAM.
      Affirmed. See § 39.806(1)(e)3., Fla. Stat. (2019) (providing the following may serve as a basis for termination of parental rights: “When a child has been adjudicated dependent, a case plan has been filed with the court, and . . . [t]he child has been in care for any 12 of the last 22 months and the parents have not substantially complied with the case plan so as to permit reunification under s. 39.522(2) unless the failure to substantially comply with the case plan was due to the parent's lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child”); § 39.522(2), Fla. Stat. (2019) (providing: “In cases where the issue before the court is whether a child should be reunited with a parent, the court shall review the conditions for return and determine whether the circumstances that caused the out-of-home placement and issues subsequently identified have been remedied to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child's safety, well-being, and physical, mental, and emotional health”).1


1 We find no merit in the other arguments raised by the Father, and need not (and therefore do not) reach the constitutional issues raised. 

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