In Re GC

6 So. 3d 643, 2009 WL 454580
CourtDistrict Court of Appeal of Florida
DecidedFebruary 25, 2009
Docket2D08-1409, 2D08-1416
StatusPublished

This text of 6 So. 3d 643 (In Re GC) 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
In Re GC, 6 So. 3d 643, 2009 WL 454580 (Fla. Ct. App. 2009).

Opinion

6 So.3d 643 (2009)

In the Interest of G.C., K.C., and J.P.-B., children.
J.C. and G.P.-B., Appellants,
v.
Department of Children and Family Services and Guardian Ad Litem Program, Appellees.

Nos. 2D08-1409, 2D08-1416.

District Court of Appeal of Florida, Second District.

February 25, 2009.
Rehearing Denied April 21, 2009.

*644 David A. Dee, Tampa, for Appellant J.C.

Ingrid Anderson, Clearwater, for Appellant G.P.-B.

Bill McCollum, Attorney General, Tallahassee, and Kelley R. Schaeffer, Assistant Attorney General, Tampa, for Appellee Department of Children and Family Services.

Thomas Wade Young, Appellate Counsel, Orlando, for Appellee Guardian ad Litem Program.

WALLACE, Judge.

J.C. (the Father) and G.P.-B. (the Mother) appeal a final judgment that terminated their parental rights to their children. Because the Department of Children and Families (DCF) did not prove a ground for termination by clear and convincing evidence, we reverse the final judgment of termination and remand for further proceedings.

I. THE FACTS

A. Background

DCF sought to terminate the Father's parental rights to K.C., born April 24, 2003, and G.C., born April 21, 2004. DCF also sought to terminate the Mother's parental rights to K.C. and G.C. and to the Mother's other child, J.P.-B., born January 16, 2001. The Father and the Mother are the unmarried parents of K.C. and G.C. The Father, J.C., is not J.P.-B.'s father; that child has a different father.

On August 3, 2005, DCF filed an emergency shelter petition for the three children that alleged that the children had *645 been abused, neglected, or abandoned. In particular, the petition alleged that while the Mother slept, J.P.-B. slipped out of the house early in the morning and walked down the street unsupervised. J.P.-B. did not sustain any injuries during this incident. Afterward, the parents separated and the Mother moved in with her mother (the maternal grandmother). After the Mother was arrested for burglary and criminal mischief, the maternal grandmother called DCF because she could not care for the children. The circuit court ordered that the three children be placed in shelter care.

Subsequently, DCF filed a petition for dependency alleging that (1) the Mother allowed the children to be deprived of necessary food, clothing, shelter, or medical treatment; (2) the Mother allowed J.P.-B. to walk around the neighborhood unsupervised; (3) the Father abandoned K.C. and G.C.; and (4) the Father could not parent K.C. and G.C. because he lacked appropriate housing. On February 27, 2006, the three children were adjudicated dependent as to the Mother because (1) she was unable to obtain suitable housing for herself and the children and (2) she let J.P.-B. walk around the neighborhood unsupervised. On the same date, K.C. and G.C. were adjudicated dependent as to the Father because he had "no appropriate housing for the children." The parents consented to the adjudications of dependency.

The initial and updated case plans had a goal of reunification. Both case plans required the parents to (1) maintain adequate housing for a period of no less than six months; (2) demonstrate stability in their ability to provide necessary food, shelter, and clothing; (3) participate in visitation; (4) successfully complete an approved parenting program; (5) maintain a clean home; (6) provide optimal health care to the children; (7) provide optimal educational benefits to the children; (8) discipline the children without threat of harm; (9) provide safe and adequate supervision over the children at all times; (10) complete an approved domestic violence evaluation and improve child/family safety; (11) reimburse the State for the cost of care provided to the children; (12) commit no further law violations; and (13) ensure the children's safety. The case plans also required the Mother to (1) establish J.P.-B.'s paternity and (2) complete an anger management program and control aggressive outbursts. The initial plan required both parents to complete a mental health assessment, but the updated plan only required a mental health assessment for the Mother.

Thereafter, the Mother did not complete her mental health tasks. She told the guardian ad litem that the Father had hit her in April 2006, but the guardian ad litem did not observe any injuries on the Mother. In April and June 2007, the police responded to two incidents where the Mother gave sworn written statements alleging that the Father had battered her. On both occasions, the police took photographs showing bruises to the Mother's face and torso. The Father was initially arrested after each incident but was subsequently released when the charges were dismissed. The Mother obtained an injunction against the Father in 2007.

On September 19, 2007, DCF filed a petition for termination of parental rights as to both parents. This petition alleged that the Mother had been offered services through a case plan but that she had failed to complete the case plan tasks related to parenting, anger management, domestic violence, and stable employment. For this reason, DCF requested that the Mother's parental rights be terminated under subsections 39.806(1)(c) and (e), Florida Statutes (2007). The petition also requested *646 termination of the Father's parental rights as authorized by the same statutory subsections[1] because the Father failed to complete a domestic violence evaluation after an incident of domestic violence.

B. The Termination Hearing

The termination hearing took place over three separate days. On the first day, the Mother testified that J.P.-B. and K.C. were removed from her care in 2003 after she "smacked [J.P.-B.] on the face" but were returned within five months. The Mother explained that in 2005 the children were not adjudicated dependent because of domestic violence but because she could not provide them with necessary food, clothing, and shelter after she was jailed. The Mother stated that she was currently living with the Father, who had inherited a house and was earning enough to pay the mortgage.

The Mother denied all domestic violence except for an incident in June 2005 that did not occur in the children's presence. The Mother admitted that she obtained an injunction against the Father in 2007 but testified that her written statements to the police in April and June 2007 were false. The Mother claimed that she made the false statements based on a relative's advice to obtain a restraining order against the Father and otherwise get him into trouble so that DCF would return the children to her. The Mother did not tell her counselors that she was in a relationship involving domestic violence.

The Mother admitted that she had been diagnosed as bipolar. She had been prescribed medications as a teenager but did not have a current prescription. The Mother conceded that she had not completed her mental health tasks because she did not like her new therapist.

The Father testified that he had completed all case plan tasks, including a mental health evaluation. The Father owned a house and was able to pay the mortgage and support the family. The Father admitted that he had a domestic violence conviction based on the June 2005 incident, but he denied that any domestic violence took place in April or June 2007. He explained that the Mother had fabricated those allegations and that the charges related to those incidents had been dismissed.

On June 3, 2007, Deputy William Baker responded to the Mother's initial complaint.

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Cite This Page — Counsel Stack

Bluebook (online)
6 So. 3d 643, 2009 WL 454580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gc-fladistctapp-2009.