B.W. v. Department of Children & Families

114 So. 3d 243, 2013 WL 183937
CourtDistrict Court of Appeal of Florida
DecidedJanuary 18, 2013
DocketNo. 5D12-2189
StatusPublished
Cited by2 cases

This text of 114 So. 3d 243 (B.W. v. Department of Children & 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
B.W. v. Department of Children & Families, 114 So. 3d 243, 2013 WL 183937 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

B.W., Mother of T.G., Jr., A.H., and C.H., Children, [“Mother”] appeals an order entitled “ORDER GRANTING STATE’S MOTION FOR REUNIFICATION OF [A.H.] and [C.H.] ONLY, AND CLOSING CASE AS TO [T.G., JR.], WITH HIS FATHER.” Mother contends that the trial court erred by placing T.G., Jr., into the custody of T.G., Sr. [“Father”] and closing the case because she had substantially complied with her case plan and there was insufficient evidence to establish that reunification of T.G., Jr., with her would be detrimental to T.G., Jr.

On September 15, 2011, the Department of Children and Families [“DCF”] filed a dependency shelter petition, requesting an order of shelter for A.H., C.H., and T.G., Jr., after receiving a report that C.H. had marks and scars, and that Mother and her paramour, Máxime Milford “[Milford”]1 hit C.H. According to the petition, A.H. and C.H. share the same father, T.G., Jr., has a different father (T.G., Sr.), and Milford is the father of a fourth child, S.M., a child for whom DCF was not seeking shelter. DCF asserted that it had conducted interviews with C.H. and A.H.; that “[b]oth children stated that the form of discipline in the home [was] that they [were] whooped on the butt with a belt by Max;” and that T.G., Jr., and C.H. were beaten more often. C.H. was examined by the Child Protection Team [“CPT”] and physical abuse was confirmed.

CPI Simpson contacted the Orlando Police Department and filed a child abuse report against Milford:

At this time Mr. Milford is on home confinement at the mother’s home. There were concerns about Mr. Milford being bonded out to the home and the other children remaining in the home with verified physical injuries regarding [C.H.]. CPI Simpson Safety Planned with the mother and Mr. Milford for the children to remain out [sic] the home until Mr. Milford was able to change his home confinement address and/or services could be placed in the home. However, the mother continued to allow [T.G., Jr.] and [A.H.] to frequent the home while Mr. Milford was in the home despite being aware of the nature and extent of [C.H.’s] injuries and being aware that the paramour had been criminally charged with Child Abuse.
The mother and Mr. Milford have a child in common that remains in the home ... [S.M.]. At this time there is no concern for her remaining in the home as the non-biological children appear to be the target children. The [245]*245maternal relatives and the children’s father have stated concerns about the children remaining in the home with Mr. Milford. There is concern over Mr. Milford’s aggression towards the non-biological children and the mother. The mother has been observed with marks and bruises due to possible domestic violence with Mr. Milford. The children have expressed fear to family members about being in the home with Mr. Milford. The eldest children have informed family members that they are undressed and spanked while bending over the bed. The mother has been provided VPS services in prior cases.
The Department cannot ensure the children’s safety while in the care of the mother as she failed to comply with recommended action to ensure the safety of her children. The mother has continued to allow the paramour access to the children despite the physical abuse to [C.H.] which has resulted in a criminal charge of child abuse. The Department is respectfully requesting that probable cause be found on behalf of the children and that they be sheltered and placed in the Department’s care.

The trial court ordered T.G., Jr., placed with his father [“Father”], and placed A.H. and C.H. with their paternal grandparents. In the order, the trial court found that Mother had disregarded the Safety Plan, bonded her paramour out of jail, and continued to expose the children to the paramour. The trial court directed that Milford was to have no contact with the children.

Subsequently, on October 3, 2011, after conducting a hearing, the trial court entered an order of arraignment, as well as an order of adjudication, disposition, acceptance of case plan, and notice of hearing. In the order of arraignment, the trial court noted that Mother and the father of A.H. and C.H each consented to dependency, and that there were no allegations with respect to the father of T.G., Jr. [Father],

In the order of adjudication, disposition, acceptance of case plan, and notice of hearing, the trial court adjudicated A.H. and C.H. dependent, and placed them in the temporary custody of their paternal grandparents. With respect to T.G., Jr., the trial court withheld adjudication and continued T.G., Jr.’s, placement with Father. The trial court also accepted DCF’s case plan, the permanency goal of which was “Reunification with Parent with an expiration. date of 06-15-2012.” In a separate order, the trial court appointed a guardian ad litem.

On December 9, 2011, DCF filed a judicial review social study/case plan update, which reported that Mother had substantially complied with her case plan task of participating in domestic violence counseling, but had only partially complied with her case plan task of attending a twelve-week parenting class.

On March 8, 2012, a general magistrate, after conducting a status compliance hearing, filed findings and a recommendation, including in part:

Mother’s compliance: Mother maintains that she has reached substantial compliance having completed domestic violence, separated from her paramour, maintaining stable housing and income. Mother is requesting a home study.

The general magistrate directed that a home study be performed on Mother. The trial court entered an order ratifying and approving the report and recommendation of the general magistrate.

On May 7, 2012, a status report of the case manager was filed with the trial court. In the report, the case manager provided:

[246]*246Attached is a home study recommending reunification of the following children: [C.H.] and [A.H.]
It is being recommended that the third child above, [T.G., Jr.], be allowed by the Court to continue living in the home of his father.... Rationale for this recommendation is as follows:
[T.G., Jr.] is currently placed in the home of his father, ... has been with his father since the date of removal and has been doing extremely well in his current placement. Upon his arrival at his father’s home, [T.G., Jr.] displayed concerning behaviors and an intense fear of adult males; it is believed that this fear is the result of the abuse that the children allegedly suffered at the hands of the mother’s paramour. In the time that has transpired, [T.G., Jr.] has worked with a therapist and has been successfully discharged from therapy due to his behaviors subsiding and his thriving in the home of the father. The father and mother both report a healthy relationship where they work together to parent their child. The father reports having no issues with allowing the mother to be an integral part of the child’s life however, the father has expressed concern regarding the environment that his child was exposed to as a result of the mother’s negligence in the past.

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Related

K.C. v. Department of Children & Families
227 So. 3d 783 (District Court of Appeal of Florida, 2017)
K.C. v. DCF
District Court of Appeal of Florida, 2017

Cite This Page — Counsel Stack

Bluebook (online)
114 So. 3d 243, 2013 WL 183937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bw-v-department-of-children-families-fladistctapp-2013.