AW v. Department of Children and Families

969 So. 2d 496, 2007 WL 4105543
CourtDistrict Court of Appeal of Florida
DecidedNovember 20, 2007
Docket1D07-1724
StatusPublished
Cited by13 cases

This text of 969 So. 2d 496 (AW v. Department of Children and Families) 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.

Bluebook
AW v. Department of Children and Families, 969 So. 2d 496, 2007 WL 4105543 (Fla. Ct. App. 2007).

Opinion

969 So.2d 496 (2007)

A.W., Mother, In the Interest of B.W., a minor child, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 1D07-1724.

District Court of Appeal of Florida, First District.

November 20, 2007.

*497 Shalene Grover, Altha, for Appellant.

George J. Little, Marianna, for Appellee, Department of Children & Families; Hillary S. Kambour, Miami, for Appellee Guardian ad Litem Program.

BROWNING, C.J.

A.W. (Appellant) appeals a final order terminating her parental rights to B.W., her five-year-old daughter, in which the trial court found clear and convincing evidence that satisfied the requirements for termination under section 39.806(1), Florida Statutes (2006). We have jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination order in all respects, but we write to explain that Appellant's purported substantial compliance with her case plan was merely technical, at most, and in no way demonstrated her ability to comprehend and implement the basic parenting skills and practices necessary to assure her child's health, safety, and well-being. See § 39.01(71), Fla. Stat. (2006) *498 (defining "substantial compliance" to mean "that the circumstances which caused the creation of the case plan have been significantly remedied to the extent that the well-being and safety of the child will not be endangered upon the child's remaining with or being returned to the child's parent").

Appellant is developmentally disabled. Her personal history is unfortunate. As a child, she was adjudicated dependent and remained in the custody of her mother, D.W. Before Appellant turned 18, she was sexually abused, resulting in the conception of the child, B.W. The child's father, who was convicted of the sexual offense and was incarcerated accordingly, is not a party in this appeal. The child was adjudicated dependent as to Appellant in December 2003 and as to the child's father in August 2004. See § 39.01(14), Fla. Stat. (2006) (defining "child who is found to be dependent").

The order adjudicating dependency states that the home in which Appellant and the child resided posed a serious health and safety hazard, that the child had sustained physical injuries consistent with abuse, and that Appellant's low I.Q. and mild mental retardation rendered her "incapable of learning the basic parenting skills necessary to parent children." The child has been in state custody and care since January 2003. Following the adjudication of B.W.'s dependency, Appellant received a detailed case plan that required her, inter alia, to maintain a safe, clean, sanitary, and stable home; to demonstrate a commitment to the child by regularly providing financial support and other items necessary to support the child; to attend all parenting classes and cooperate with the counselor on issues of parenting, appropriate child supervision, and safe home conditions; and to use this information during her visitations with the child by applying and demonstrating proper parenting skills. See generally § 39.6011-39.6013 & 39.603, Fla. Stat. (2006) (setting out procedures for case plan development, tasks, services, amendments, and court approval).

To assist her in fulfilling the case plan tasks, the appropriate referrals were made by appellee Florida Department of Children and Family Services (Department) and services were provided. Although Appellant attended the programs to which she was referred, the Department determined that Appellant had failed to eliminate the filthy and hazardous conditions in her home, and that she had failed to demonstrate sufficient parenting skills to protect B.W. from serious harm.

Pursuant to section 39.802, Florida Statutes (2006), the Department initiated proceedings to terminate Appellant's parental rights based on her failure to complete the case plan and the continuing risk of serious harm to B.W. irrespective of the provision of services to Appellant. See also § 39.8055(1)(a), Fla. Stat. (2006) (allowing 12 months for parents of a dependent child to complete their case plan sufficiently to have their child returned to parental custody and care, and mandating initiation of termination proceedings absent timely compliance by parents) & 39.806(1)(e)1., Fla. Stat. (2006), infra. As grounds for terminating Appellant's parental rights, the Department cited sections 39.806(1)(b), (c), or (e), Florida Statutes (2006). Specifically, the Department alleged that Appellant had abandoned and neglected the child, as the terms "abandoned" and "neglect," respectively, are defined in section 39.01(1) & (43), Florida Statutes (2006). In its termination petition, the Department expressly cited the following statutory language or presented allegations substantially related to these specific provisions:

*499 (1) Grounds for the termination of parental rights may be established under any of the following circumstances:
. . . .
(b) Abandonment as defined in s. 39.01(1). . . .
(c) When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. . . .
. . . .
(e) When a child has been adjudicated dependent, a case plan has been filed with the court, and:
1. The child continues to be abused, neglected, or abandoned by the parents. In this case, the failure of the parents to substantially comply for a period of 12 months after an adjudication of the child as a dependent child or the child's placement into shelter care, whichever came first, constitutes evidence of continuing abuse, neglect, or abandonment unless the failure to substantially comply with the case 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. The 12-month period begins to run only after the child's placement into shelter care or the entry of a disposition order placing the custody of the child with the department or a person other than the parent and the approval by the court of a case plan with a goal of reunification with the parent, whichever came first; . . .
. . . .
(3) When a petition for termination of parental rights is filed under subsection (1), a separate petition for dependency need not be filed and the department need not offer the parents a case plan with a goal of reunification, but may instead file with the court a case plan with a goal of termination of parental rights to allow continuation of services until the termination is granted or until further orders of the court are issued.

§ 39.806(1)(b), (c), (e)1. & (3), Fla. Stat. (2006). As defined in pertinent part in section 39.01(1), Florida Statutes (2006):

"Abandoned" means a situation in which the parent or legal custodian of a child[,] . . . while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent . . .

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Bluebook (online)
969 So. 2d 496, 2007 WL 4105543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aw-v-department-of-children-and-families-fladistctapp-2007.