Dependency Law Finder

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

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Department of Children & Families v. K.P.858 So. 2d 1137 (Fla. 5th DCA 2003) · 5D02-1854

Court
5th DCA
Decided
2003-11-07
Case
TPR
Appellant
DCF

Affirmed Dismissal of the termination petition affirmed because DCF failed to make reasonable reunification efforts, having not ensured the mother could obtain a psychological evaluation.

Issues
TPR ground: case plan noncompliance / continuing abuse, Disposition, case plan & reasonable efforts
Law cited
§ 39.806(1)(e) (now § 39.806(1)(e)1.)

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

On CourtListener
THOMPSON, J.

We affirm the order dismissing the petition to terminate KP.’s parental rights.

An order dismissing a petition for termination of parental rights is a mixed question of law and fact which will be sustained on review if the court applied the correct law, and its ruling is supported by competent substantial evidence in the record. See In re M.F., 770 So.2d 1189 (Fla.2000) (discussing dependency orders). Section 39.806(1)(e), Florida Statutes, provides that a petition for termination of parental rights may be filed “unless the failure to substantially comply with the ease plan was due either to the lack of financial resources of the parents or to the failure of the department to make reasonable efforts to reunify the parent and child.... ” Here, there was evidence supporting the trial court’s conclusion that the Department of Children and Family Services did not make a reasonable effort to reunify the parent and child in that it failed to see to it that a psychological evaluation was available to the mother. Compare In Interest of G.R.S., 647 So.2d 1025 (Fla. 4th DCA 1994).

AFFIRMED.

SHARP, W. and ORFINGER, JJ„ concur.

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