Statewide Guardian Ad Litem Program v. A.A.

171 So. 3d 174, 2015 Fla. App. LEXIS 11580, 2015 WL 4510417
CourtDistrict Court of Appeal of Florida
DecidedJuly 27, 2015
DocketNo. 5D15-966
StatusPublished
Cited by14 cases

This text of 171 So. 3d 174 (Statewide Guardian Ad Litem Program v. A.A.) 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
Statewide Guardian Ad Litem Program v. A.A., 171 So. 3d 174, 2015 Fla. App. LEXIS 11580, 2015 WL 4510417 (Fla. Ct. App. 2015).

Opinion

EDWARDS, J.

The Statewide Guardian Ad Litem Program (“GAL”) and the Department of Children and Families (“DCF”) appeal the trial court’s Final Judgment Denying Involuntary Termination of Parental Rights and Ordering a Permanent Guardianship Case Plan (“final judgment”). The trial court denied DCF’s petition to terminate the parental rights of both A.A. (“Mother”) and A.S.A. (“Father”), despite finding that DCF had proved statutory grounds for termination as to both Mother and Father by clear and convincing evidence, and further finding that it was in the manifest best interest of the children to terminate parental rights. We reverse because the trial court erred in denying the petition based upon its conclusion that termination of parental rights was not the least restrictive means of protecting the children from harm. We agree with the trial court’s finding that this case has lingered for an unreasonable amount of time without any permanency for the children, and direct entry of an amended final judgment terminating parental rights, which makes adoption the case plan goal.

Mother has four children, H.A., J.A., A.M., and R.M. At the time DCF first initiated action, Mother was pregnant with the fourth child, R.M. Father is the biological father of the older two children, and the legal father to all four. Mother and Father are separated, but not divorced. Because J.L.M., Mother’s paramour, is not the legal father of any of the children, he is not a party to the ease. During the course of these proceeding’s, Father knowingly surrendered his parental rights.

DCF became involved with this family in March 2012 after an incident where J.L.M. physically and sexually battered Mother, who was intoxicated. H.A., who was thirteen years old at the time, attempted to intervene and J.L.M. also battered him. J.L.M. was subsequently arrested for sexual assault, domestic battery by strangulation, and cruelty towards a child. J.L.M. admitted to hitting Mother and H.A. He stated that Mother deserved the bruises [176]*176and that he had done nothing wrong. J.L.M. also admitted to smoking marijuana and “K-2”, as well as drinking every day to the point of intoxication. Mother decided not to press charges against J.L.M. and she did not follow up on her promise to obtain a domestic violence injunction to keep him from the home. J.L.M. remained a part of Mother’s life.

Later, DCF filed a dependency petition. Father and Mother stipulated and consented to the children’s dependency. The children were placed with their maternal great-aunt and great-uncle. They have formed a bond with them, and, by all accounts, are doing well. Mother was given a reasonable case plan, but did not complete it. Mother was inconsistent in attending family meetings, was often as late as two hours in arriving, and otherwise indicated that her children were not her first concern. She gave her children no real financial or emotional support, provided them with no guidance, and took no meaningful steps to protect them from the abusive J.L.M. Contrary to her case plan, she remained unemployed, continued to use alcohol, and repeatedly tested positive for marijuana and methamphetamines.

The case plan goal went from unification to adoption and termination of parental rights. Evidentiary TPR hearings were held over a period of several days, spread over several months. The court received testimony from case workers, relatives, and law enforcement officers documenting the history of abuse, abandonment, and neglect of the children by Mother and of the danger presented by Mother’s ongoing relationship with J.L.M. The great-aunt and great-uncle testified that they were willing to adopt the children if the parents’ rights were terminated. The older children expressed a desire to remain with their great-aunt and great-uncle. The case worker found that the children were doing well in this setting, and recommended strongly against returning the children to Mother’s care, asserting that to do so would be harmful to them.

Mother was evaluated by a psychiatrist who found that she was unable to deal with J.L.M. and would likely continue to be abused. A court-appointed psychologist diagnosed her with depression and found her unable to care for her children. Both recommended therapy; however, Mother never sought or received any.

On March 3, 2015, nearly three years after the plight of these children came to DCF’s attention, the trial court entered the final judgment. In its twenty-page final judgment, the trial court found that there was clear and convincing proof that Mother’s continued involvement in the parent-child relationship threatened the life, safety, well-being, or physical, mental, or emotional health of the children, despite DCF’s good faith efforts to offer assistance and a reasonable case plan that would have eliminated the conditions that caused the children to have been adjudicated dependent. Mother’s harmful conduct included repeated, confirmed drug use; filthy, dangerous, deplorable and uninhabitable household conditions; no income; and failure to provide emotional support and guidance to her children.

The trial court noted its deep concern for Mother’s continued relationship with J.L.M. and found that Mother failed to complete her case plan tasks, lied about her continued drug use, and was unable to show six continuous months.of sobriety. The trial court also found that Mother’s failure to substantially comply with the case plan was evidence of continuing abuse, neglect or abandonment, and further demonstrated that the children would be prospectively abused and neglected if placed with Mother. It agreed that the children’s current placement was suitable [177]*177and provided them with stability and support for their physical, developmental, and emotional needs. The trial court further found that reunification of the children with Mother was not in their best interest.

However, the trial court refused to terminate Mother’s parental rights, finding that there was no showing that this was the least restrictive means of protecting the children from harm. It noted that according to the psychologist, Mother would likely respond to treatment if and when she chose to seek treatment and she had made some efforts to curtail her drug use, despite the fact that she continued to use drugs and lie about it. Thus, the trial court found that it could not conclude that a less restrictive alternative “could not ameliorate the risk to the children.” Despite finding that “[t]his case has lingered for an unreasonable amount of time without any permanency for the children,” the court denied termination of parental rights and denied adoption. Instead, it ordered that permanent guardianship with the great-aunt and great-uncle would be the new case plan goal. ■

“In termination of parental rights [ ] cases, the standard of review is highly deferential.” C.D. v. Fla. Dep’t of Child. & Fams., 164 So.3d 40, 42 (Fla. 1st DCA 2015). However, an appellate court is not required to defer to the trial court where there is no theory or principle of law that would support the trial court’s conclusions of law concerning its least restrictive means findings. In re Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). “An appellate court will review de novo whether the trial court’s determinations are based on a proper interpretation of the law.” G.S. v. T.B., 985 So.2d 978, 982 (Fla.2008).

“To terminate a parent’s right in a natural child, the evidence must be clear and convincing.” In re Baby E.A.W., 658 So.2d at 967.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dcf v. K.b, A.B
District Court of Appeal of Florida, 2026
Department of Children and Families v. L.W., the Mother
District Court of Appeal of Florida, 2024
M.M.W., THE MOTHER v. J.W., THE FATHER
District Court of Appeal of Florida, 2022
R.W. v. Department of Children & Families
228 So. 3d 730 (District Court of Appeal of Florida, 2017)
R.W. v. DCF
District Court of Appeal of Florida, 2017
Guardian ad Litem Program ex rel. A.E. v. Department of Children & Families
207 So. 3d 1000 (District Court of Appeal of Florida, 2016)
S.M., etc. v. Florida Department of Children and Families
202 So. 3d 769 (Supreme Court of Florida, 2016)
State of Florida, Department of etc. v. B.C., the mother and C.S., the father
185 So. 3d 716 (District Court of Appeal of Florida, 2016)
J. P., mother of T. P. v. Florida Department of Children and Families
183 So. 3d 1198 (District Court of Appeal of Florida, 2016)
R.W.M. v. Dep't of Children & Families
District Court of Appeal of Florida, 2015
N.W. v. Department of Children & Families
184 So. 3d 1179 (District Court of Appeal of Florida, 2015)
S.M., the Mother v. Department of Children And Families
190 So. 3d 125 (District Court of Appeal of Florida, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
171 So. 3d 174, 2015 Fla. App. LEXIS 11580, 2015 WL 4510417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/statewide-guardian-ad-litem-program-v-aa-fladistctapp-2015.