C.B. v. Department of Children & Family Services

District Court of Appeal of Florida

C.B. v. Department of Children & Family Services

848 So. 2d 1185, 2003 Fla. App. LEXIS 8266, 2003 WL 21458684

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 2003

DocketNo. 3D02-990

StatusPublished

This text of 848 So. 2d 1185 (C.B. 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.

Bluebook

C.B. v. Department of Children & Family Services, 848 So. 2d 1185, 2003 Fla. App. LEXIS 8266, 2003 WL 21458684 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

Appellant/Mother, C.B., appeals from the lower court’s Final Judgment termi[1186]*1186nating parental rights. We reverse on the ground that the Department of Children and Family Services (“Department”) failed to establish by clear and convincing evidence any basis for termination as required by section 39.806, Florida Statute. See § 39.809(1), Fla. Stat. (2002).

To support the termination of parental rights, the Department has the burden to show by clear and convincing evidence that a parent has abused, neglected, or abandoned a child and that permanent termination of parental rights is the least restrictive alternative. See § 39.806(1), Fla. Stat. (2002); Dunn v. Blumstein, 406 U.S. 330, 343, 92 S.Ct. 995, 31 L.Ed.2d 274 (1972); Padgett v. Department of Health and Rehabilitative Services, 577 So.2d 565, 571 (Fla.1991).

We find that the Department failed to meet its burden in the instant case. Accordingly, the Order terminating C.B.’s parental rights is vacated and the matter remanded for further proceedings and/or action as may be appropriate.

Reversed and remanded.

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