P.C., the Father v. Department of Children And Families and Guardian Ad Litem
This text of 155 So. 3d 1279 (P.C., the Father v. Department of Children And Families and Guardian Ad Litem) 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.
Opinion
The father argues that the circuit court erred in terminating his parental rights to his son: (1) without competent, substantial evidence of the grounds alleged by the Department of Children and Families under sections 39.806(l)(c), 39.806(l)(e)l., and 39.806(l)(b), Florida Statutes (2012); (2) without making statutorily-required findings of fact and conclusions of law; and (3) because termination of his parental rights was not the least restrictive means to protect his son from harm.
We affirm as to the second and third arguments without discussion. On the first argument, we conclude that competent, substantial evidence did not support the grounds alleged under section 39.806(l)(b). However, we conclude that competent, substantial evidence supported the grounds alleged under sections 39.806(l)(c) and 39.806(l)(e)l., and that such evidence was sufficient to support the termination of parental rights.
Therefore, we affirm the termination of parental rights, but with instructions to the circuit court to amend the final judgment to indicate in its conclusions of law that the termination was based on the grounds alleged under sections 39.806(l)(c) and 39.806(l)(e)l., and not on the grounds alleged under section 39.806(l)(b).
Affirmed with instructions.
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Cite This Page — Counsel Stack
155 So. 3d 1279, 2015 Fla. App. LEXIS 1838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-the-father-v-department-of-children-and-families-and-guardian-ad-fladistctapp-2015.