A.H. v. Department of Children & Family Services

District Court of Appeal of Florida

A.H. v. Department of Children & Family Services

915 So. 2d 761, 2005 WL 3336465

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 2005

DocketNos. 2D05-1810, 2D05-2301

StatusPublished

Cited by2 cases

This text of 915 So. 2d 761 (A.H. v. Department of Children & Family Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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A.H. v. Department of Children & Family Services, 915 So. 2d 761, 2005 WL 3336465 (Fla. Ct. App. 2005).

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Opinion

WALLACE, Judge.

Appellants, A.H. (the Mother) and A.B. (the Father), separately appeal from an Order of Termination of Parental Rights. The appellants’ children are W.B. (born July 6, 2001), B.B. (born October 26, 2002), and Be.B. (born February 28, 2004). We affirm, without discussion, the order’s termination of the Mother’s and the Father’s parental rights to W.B. and B.B. However, we reverse the order’s termination of the Mother’s and the Father’s parental rights to Be.B. based on section 39.806(1)(e), Florida Statutes (2003). Be.B. was never declared dependent, which is a prerequisite to termination under this provision. See J.T. v. Dep’t of Children & Family Servs., 819 So.2d 270 (Fla. 2d DCA 2002). Thus section 39.806(1)(e) was not a valid legal ground for termination as to Be.B. Nevertheless, there is competent, substantial evidence to sustain the trial court’s termination of the Mother’s and the Father’s parental rights to Be.B. under section 39.806(1)(c). Therefore, we affirm the termination of the Mother’s and the Father’s parental rights to Be.B., but we reverse and remand for the entry of an amended termination order removing all references to section 39.806(1)(e) that concern Be.B.

Affirmed in part, reversed in part, and remanded.

WHATLEY and VILLANTI, JJ., Concur.

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WALLACE, Judge.

Appellants, A.H. (the Mother) and A.B. (the Father), separately appeal from an Order of Termination of Parental Rights. The appellants’ children are W.B. (born July 6, 2001), B.B. (born October 26, 2002), and Be.B. (born February 28, 2004). We affirm, without discussion, the order’s termination of the Mother’s and the Father’s parental rights to W.B. and B.B. However, we reverse the order’s termination of the Mother’s and the Father’s parental rights to Be.B. based on section 39.806(1)(e), Florida Statutes (2003). Be.B. was never declared dependent, which is a prerequisite to termination under this provision. See J.T. v. Dep’t of Children & Family Servs., 819 So.2d 270 (Fla. 2d DCA 2002). Thus section 39.806(1)(e) was not a valid legal ground for termination as to Be.B. Nevertheless, there is competent, substantial evidence to sustain the trial court’s termination of the Mother’s and the Father’s parental rights to Be.B. under section 39.806(1)(c). Therefore, we affirm the termination of the Mother’s and the Father’s parental rights to Be.B., but we reverse and remand for the entry of an amended termination order removing all references to section 39.806(1)(e) that concern Be.B.

Affirmed in part, reversed in part, and remanded.

WHATLEY and VILLANTI, JJ., Concur.

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915 So. 2d 761, 2005 WL 3336465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ah-v-department-of-children-family-services-fladistctapp-2005.

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