Dependency Law Finder

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

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D.M. v. Department of Children & Families3D22-0259

Court
3rd DCA
Decided
2022-07-27
Case
TPR
Appellant
Mother
County
Miami-Dade

Affirmed Termination affirmed on the egregious conduct ground; once that ground is proven the court need not separately find least restrictive means.

Issues
TPR ground: egregious conduct, Least restrictive means

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 July 27, 2022.
       Not final until disposition of timely filed motion for rehearing.
                            ________________
                             No. 3D22-0259
                       Lower Tribunal No. 21-15066
                          ________________

                           D.M., The Mother,
                                  Appellant,
                                     vs.
           Department of Children and Families, et al.,
                                 Appellees.

     An Appeal from the Circuit Court for Miami-Dade County, Rosy Aponte, Judge.
     Thomas Butler, P.A., and Thomas J. Butler, for appellant.
       Karla Perkins, for appellee, Department of Children and Families; Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Krystle Cacci, Certified Legal Intern (Tallahassee), for appellee Guardian ad Litem.

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.
     PER CURIAM.
      Affirmed. See P.R. v. Dep’t of Children & Families, 
337 So. 3d 456
, 461 (Fla. 1st DCA 2022) (explaining that once the trial court determines that termination is warranted under section 39.806(1)(f), Florida Statutes, the court need not make a determination as to the least restrictive means); K.A. v. Dep’t of Children & Families, 
332 So. 3d 501
, 507 (Fla. 4th DCA 2021) (upholding the constitutionality of section 39.806(1)(f)); J.H. v. Dep’t of Children & Families, 
279 So. 3d 316
, 322 (Fla. 4th DCA 2019) (“While a trial court’s decision to terminate parental rights must be based upon clear and convincing evidence, the district court of appeal’s review is limited to whether competent substantial evidence supports the trial court’s findings.”). 

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