C.W. v. Florida Department of Children & Family Services

District Court of Appeal of Florida

C.W. v. Florida Department of Children & Family Services

702 So. 2d 625, 1997 Fla. App. LEXIS 14049, 1997 WL 770619

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1997

DocketNo. 97-1249

StatusPublished

This text of 702 So. 2d 625 (C.W. v. Florida 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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C.W. v. Florida Department of Children & Family Services, 702 So. 2d 625, 1997 Fla. App. LEXIS 14049, 1997 WL 770619 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm, an order terminating this father’s parental rights. This court has previously affirmed the order terminating the mother’s parental rights. S.S. v. Florida Dep’t of Children and Family Servs., 698 So.2d 1233 (Fla. 4th DCA 1997).

We find ample support in the record to reflect periods where the father permitted neglect and detrimental conditions thereby engaging in conduct that threatens the life or well being of the children. See § 39.464(l)(c), Fla. Stat. (1995). The record further reflects that Appellant failed to cooperate substantially with case plans during periods that he was not incarcerated and in fact refused to cooperate with necessary service providers. See § 39.464(l)(e), Fla. Stat. (1995). Finally, there is competent evidence to support the trial court’s conclusion that while incarcerated, Appellant did not make efforts to comply with the plan even though he understood what was required. Compare In Interest of G.R.S., 647 So.2d 1025 (Fla. 4th DCA 1994).

In sum, the evidence was sufficient to allow the trial court to conclude by clear and convincing proof that irrespective of services, the father engaged in conduct threatening the lives and well being of the children, and that it was in the best interest of the children to terminate Appellant’s parental rights.

STONE, C.J., and STEVENSON and SHAHOOD, JJ., concur.

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PER CURIAM.

We affirm, an order terminating this father’s parental rights. This court has previously affirmed the order terminating the mother’s parental rights. S.S. v. Florida Dep’t of Children and Family Servs., 698 So.2d 1233 (Fla. 4th DCA 1997).

We find ample support in the record to reflect periods where the father permitted neglect and detrimental conditions thereby engaging in conduct that threatens the life or well being of the children. See § 39.464(l)(c), Fla. Stat. (1995). The record further reflects that Appellant failed to cooperate substantially with case plans during periods that he was not incarcerated and in fact refused to cooperate with necessary service providers. See § 39.464(l)(e), Fla. Stat. (1995). Finally, there is competent evidence to support the trial court’s conclusion that while incarcerated, Appellant did not make efforts to comply with the plan even though he understood what was required. Compare In Interest of G.R.S., 647 So.2d 1025 (Fla. 4th DCA 1994).

In sum, the evidence was sufficient to allow the trial court to conclude by clear and convincing proof that irrespective of services, the father engaged in conduct threatening the lives and well being of the children, and that it was in the best interest of the children to terminate Appellant’s parental rights.

STONE, C.J., and STEVENSON and SHAHOOD, JJ., concur.

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Bluebook (online)

702 So. 2d 625, 1997 Fla. App. LEXIS 14049, 1997 WL 770619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cw-v-florida-department-of-children-family-services-fladistctapp-1997.

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