Dependency Law Finder

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

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H.C. v. Department of Children & Families161 So. 3d 503 (Fla. 5th DCA 2014) · 5D14-1225

Court
5th DCA
Decided
2014-08-04
Case
Dependency
Appellant
Mother

Affirmed Denial of the mother's motion to reopen and modify a permanent guardianship affirmed; the parent, not DCF, must prove reunification is safe.

Issues
Reunification, Permanency goals other than reunification, Standard of proof

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

On CourtListener
PALMER, J.

H.C. (mother) appeals the final order entered by the trial court denying her motion to re-open her children’s dependency case in order to modify the trial court’s previously entered order placing children in permanent guardianship with their paternal grandparents.1 We affirm the trial court’s order because, contrary to the mother’s claim otherwise, it is the parent’s burden of proving that the safety, well-being, and physical, mental, and emotional health of the child(ren) would not be endangered by reunification; the Department of Children and Families has no burden of proof in reunification proceedings.

AFFIRMED.

TORPY, C.J. and LAMBERT, J., concur.

. Jurisdiction is proper pursuant to rule 9.030(b)(1) of the Florida Rules of Appellate Procedure. See also J.M. v. Dep't of Children & Families, 969 So.2d 491, 492 (Fla. 5th DCA 2007).

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