D.B. v. Department of Children & Families

87 So. 3d 1279, 2012 WL 1934602, 2012 Fla. App. LEXIS 8739
CourtDistrict Court of Appeal of Florida
DecidedMay 30, 2012
DocketNo. 4D11-3372
StatusPublished
Cited by5 cases

This text of 87 So. 3d 1279 (D.B. 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
D.B. v. Department of Children & Families, 87 So. 3d 1279, 2012 WL 1934602, 2012 Fla. App. LEXIS 8739 (Fla. Ct. App. 2012).

Opinion

CONNER, J.

D.B. (“the Father”) appeals the termination of his parental rights to his child Z.S. (“the Child”).1 The Department of Children and Families (“the Department”) petitioned to terminate the Father’s parental rights under section 39.806(l)(c), Florida Statutes (2010), which allows termination of parental rights when a parent engages in conduct that demonstrates his continued involvement as a parent threatens the life, safety, well-being, or physical, mental, or emotional safety of the Child. He contends the trial court erred because he was never offered a case plan, despite his request for one. Finally, he contends the Department failed to prove termination of parental rights was the least restrictive alternative to protect the Child. We affirm the judgment of the trial court.

Factual Determinations By The Tnal CouH

The lengthy final judgment contains numerous findings of fact based on evidence the trial court determined to be clear and convincing.

At the time of the adjudicatory hearing, the Child was two years and one month old. He was removed from the mother three days after birth because the mother had severe untreated mental health issues. One year after removal, the Child was adjudicated dependent with the consent of the mother. At that time, the father of the Child was unknown because the mother refused to identify him. When the Child was almost a year and a half old, the mother finally identified the Father as the biological father. Paternity was confirmed by DNA testing.

After paternity was confirmed, the Father began weekly supervised visits with the Child and established a bond with him. The visitations went well. A home study of the Father’s home found it to be clean and without safety hazards. The Father was employed part time and also received social security benefits for mental health reasons. He lived alone, but had an extended family nearby who assisted him. His mother managed his money. Because the Father suffered from mental illness, the home study did not recommend placing the Child with the Father. After the Department obtained and reviewed the psychological records of the Father, the Department petitioned to terminate the parental rights of both parents. The mother was offered a case plan; the Father was not offered one.

The Father had been diagnosed in 2001 with psychosis and schizoaffective disorder. As early as 2003, he became connected to mental health outpatient treatment facilities which offered medication and therapy. The goal of the treatment plan was to control or eliminate symptoms of paranoia and delusions and to promote daily compliance with medication. Records regarding his mental health treatment over the years were introduced into evidence. Those records totaled approximately 257 pages. The final judgment notes the records are replete with references to the Father’s poor compliance with medication, poor or guarded prognosis, poor or limited insight and judgment, and various instances of active hallucinations and delusional behavior. The Father was hospitalized five times for mental health problems. As late as May 2006, he was unsure of his diagnosis, and in July 2009, it was reported that he had poor insight into his illness.

[1281]*1281A psychological evaluation ordered as part of the termination proceedings confirmed the Father suffered from paranoid schizophrenia. It revealed the Father was fairly consistent with taking his medication in 2008, 2009, and the first two months of 2010. Then, he stopped all medication until May 2010, when he received medication by injection. The plan was to administer medication by injections because the Father would not consistently follow his medication regime. However, he failed to return for the injections. At the time of his court-appointed evaluation, he had not taken any medication for approximately five months and was responding to internal stimuli.

The court-appointed psychologist testified at trial that the Father did not fully understand his illness and the importance of his medication. He further opined that unless the Father was stabilized on medication, he would not be able to understand and come to terms with his illness. The expert testified the Father’s history of noncompliance with taking medication and attending treatment is one of the strongest predictors of whether he would be compliant in the future. He opined that the Father had a 33% chance of taking his medicine. The expert further expressed concern that the Father would not be able to meet a necessary predicate for achieving stability with his disorder because he failed to understand his illness. He testified that schizophrenia affects the Father’s ability to parent because his perceptions of reality can become distorted and inaccurate. If the person is hallucinating or having delusions, those distortions can cause him to harm his child.

Regarding proof that the child’s life, safety, or health would be threatened by a continued interaction with the parent regardless of the provision of services, the trial court found:

[The court appointed expert’s] testimony in conjunction with [the Father’s] medical records from South County show an eight (8) to ten (10) year history of unsuccessful attempts by various mental health professionals and case managers to get [the Father] to become medication compliant. This- Court must and does find that any further attempts would meet with the same futility.... As a result of [the Father’s] eight to ten year history of lack of medication compliance,- not recognizing the seriousness of his mental illness, poor insight and judgment, and poor prognosis, there is no reasonable basis to believe he will improve sufficiently to entrust this child to his exclusive care and control.

Those same findings led the trial court to find a nexus between the conduct of the Father and the prospective abuse, neglect, or harm to the Child if placed with the Father. They also led the trial court to find that because there is no reasonable basis to believe the Father will improve to the point of being able to appropriately care for the Child, termination of parental rights was the least restrictive alternative to protect the Child from harm.

Legal Analysis

Prospective Neglectful Conduct Will Harm the Child in the Future

Section 39.806(l)(c), Florida Statutes (2010), allows termination of parental rights:

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. Provision of services may be evidenced by proof that services were [1282]*1282provided through a previous plan or offered as a case plan from a child welfare agency.

The Father contends the Department failed to prove that he engaged in conduct that demonstrates his continued involvement as a parent threatened the life, safety, well-being, or physical, mental, or emotional safety of the Child. In support of his argument, the Father cites M.H. v. Department of Children and Families, 866 So.2d 220 (Fla. 1st DCA 2004). The First District reversed termination of the mother’s parental rights because there was no evidence her drug addiction caused harm to the children.

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T.B., THE FATHER v. DEPT. OF CHILDREN & FAMILIES
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Cite This Page — Counsel Stack

Bluebook (online)
87 So. 3d 1279, 2012 WL 1934602, 2012 Fla. App. LEXIS 8739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/db-v-department-of-children-families-fladistctapp-2012.