R.C. v. Department of Children & Family Services

6 So. 3d 736, 2009 Fla. App. LEXIS 4221, 2009 WL 1212260
CourtDistrict Court of Appeal of Florida
DecidedMay 6, 2009
DocketNo. 2D08-2457
StatusPublished
Cited by1 cases

This text of 6 So. 3d 736 (R.C. v. 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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R.C. v. Department of Children & Family Services, 6 So. 3d 736, 2009 Fla. App. LEXIS 4221, 2009 WL 1212260 (Fla. Ct. App. 2009).

Opinion

KHOUZAM, Judge.

R.C. appeals an order placing his two daughters, T.C. and R.B., in a permanent guardianship1 and terminating the supervision of the Department of Children and Family Services. The Department correctly concedes error because the order failed to contain written findings as required by section 39.6221(2), Florida Statutes (2007).

The Department also concedes that, even if the trial court’s order complied ■with section 39.6221(2), the evidence was insufficient to support the placement of the children in a permanent guardianship. We agree. See C.A. v. Dep’t of Children & Families, 988 So.2d 1247, 1249 (Fla. 4th DCA 2008) (holding that trial court’s finding must be supported by competent substantial evidence). Accordingly, we reverse the order placing the children in a permanent guardianship and remand for further proceedings.

Reversed and remanded.

ALTENBERND and CRENSHAW, JJ., Concur.

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Related

CS v. Department of Children and Families
41 So. 3d 368 (District Court of Appeal of Florida, 2010)

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Bluebook (online)
6 So. 3d 736, 2009 Fla. App. LEXIS 4221, 2009 WL 1212260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rc-v-department-of-children-family-services-fladistctapp-2009.