Dependency Law Finder

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

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J.R. v. Department of Children & Families28 So. 3d 117 (Fla. 5th DCA 2010) · 5D09-1514

Court
5th DCA
Decided
2010-01-22
Case
TPR
Appellant
Father

Affirmed Termination of the father's rights to five adopted children affirmed as egregious conduct; he waited over six hours to seek help for a dying child.

Issue
TPR ground: egregious conduct
Facts
Death or near death of a child or sibling, Physical abuse or injury, Medical neglect
Law cited
§ 39.806

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

On CourtListener
PER CURIAM.

J.R. appeals the termination of his parental rights to five adoptive children, C.R., M.R., J.R., G.R. and M.R., following the death of his sixth child, F.R. F.R. had been severely abused, sustaining over sixty injuries, of varying degrees of severity, to her head, back, buttocks and legs. The injuries causing F.R.’s death were thirteen separate rotational injuries to the head which caused internal bleeding and swelling of the brain. The evidence reflected the parents were the only caregivers during the critical time frame and, although neither parent admitted responsibility for the injuries to F.R.’s head, a review of the proceedings supports the trial court’s finding that J.R.’s wife inflicted the blows.

We find substantial, competent evidence to support the trial court’s decision terminating J.R.’s parental rights because J.R., despite knowing F.R. was injured and virtually non-responsive as a result of head trauma, neglected to seek medical attention for over six hours, a decision that ensured a tragic end for the two and one-half year old child. The trial court found J.R.’s conduct to be egregious and made the required findings pursuant to section 39.806, Florida Statutes. We affirm.

AFFIRMED.

SAWAYA, LAWSON and COHEN, JJ„ concur.

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