J.C. v. Department of Children

District Court of Appeal of Florida

J.C. v. Department of Children

172 So. 3d 515, 2015 Fla. App. LEXIS 11710, 2015 WL 4640846

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 2015

DocketNo. 3D15-887

StatusPublished

This text of 172 So. 3d 515 (J.C. v. Department of Children) 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

J.C. v. Department of Children, 172 So. 3d 515, 2015 Fla. App. LEXIS 11710, 2015 WL 4640846 (Fla. Ct. App. 2015).

Pincite

Opinion

PER CURIAM.

Appellant J.C: appeals a final judgment of the trial court terminating her parental rights with respect to her daughter. We find the order on appeal to be less than precise in articulating that (i) J.C. materially breached her case plan, and (ii) J.C. would be unlikely or unable to comply substantially with the case plan by the time of its expiration.

We conclude, however, that record evidence, together with the trial court’s detailed consideration of J.C.’s conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806(l)(e)2. of the Florida Statutes, and (ii) clear and convincing evidence in the record establishes that J.C. would be unlikely or unable to comply substantially with the case plan within its twelvemonth duration. We agree with the Department of Children & Families that citation to section 39.806(l)(e)l. in the conclusion of the trial courfs order constitutes harmless error.

Affirmed.

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PER CURIAM.

Appellant J.C: appeals a final judgment of the trial court terminating her parental rights with respect to her daughter. We find the order on appeal to be less than precise in articulating that (i) J.C. materially breached her case plan, and (ii) J.C. would be unlikely or unable to comply substantially with the case plan by the time of its expiration.

We conclude, however, that record evidence, together with the trial court’s detailed consideration of J.C.’s conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806(l)(e)2. of the Florida Statutes, and (ii) clear and convincing evidence in the record establishes that J.C. would be unlikely or unable to comply substantially with the case plan within its twelvemonth duration. We agree with the Department of Children & Families that citation to section 39.806(l)(e)l. in the conclusion of the trial courfs order constitutes harmless error.

Affirmed.

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Bluebook (online)

172 So. 3d 515, 2015 Fla. App. LEXIS 11710, 2015 WL 4640846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jc-v-department-of-children-fladistctapp-2015.