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.N. v. Department of Children & Families3D2024-0177

Court
3rd DCA
Decided
2024-05-29
Case
TPR
Appellant
Father
County
Miami-Dade

Affirmed Termination of the father's rights affirmed on abandonment grounds, citing authority that termination without a case plan is permitted when abandonment is proven.

Issues
TPR ground: abandonment, Expedited termination without a case plan
Facts
Abandonment / no contact or support

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 May 29, 2024.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                             No. 3D24-0177
                       Lower Tribunal No. 22-15000
                          ________________

                            P.N., the Father,
                                  Appellant,
                                     vs.
           Department of Children and Families, et al.,
                                 Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Denise Martinez-Scanziani, Judge.
     Law Offices of Roger Ally, P.A., and Roger Ally, for appellant.
      Karla Perkins, for appellee Department of Children and Families; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Laura J. Lee, Assistant Director of Appeals (Tallahassee); Christy Donovan Pemberton (Clearwater), for appellee Guardian ad Litem.

Before EMAS, SCALES and BOKOR, JJ.
     PER CURIAM.
     Affirmed. See M.A. v. Dep’t of Child. & Fams., 
814 So. 2d 1244
, 1245– 46 (Fla. 5th DCA 2002) (affirming termination without a case plan where competent   substantial   evidence   supported   trial   court’s   finding   of abandonment, explaining that “[s]ection 39.806(1)(b), Florida Statutes (2001), allows TPR based on abandonment, as defined in s. 39.01(1)”). 

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