T. J., Father of A.J., Minor Child v. Department of Children and Families

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

T. J., FATHER OF A.J., MINOR NOT FINAL UNTIL TIME EXPIRES TO CHILD, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant,

v. CASE NO. 1D16-0378

DEPARTMENT OF CHILDREN AND FAMILIES,

Appellee.

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Opinion filed June 22, 2016.

An appeal from the Circuit Court for Baker County. Phillip Pena, Judge.

Henri C. Cawthon, Law Office of Henri C. Cawthon, P.A., Gainesville, for Appellant.

Ward L. Metzger, Jacksonville, for Appellee.

PER CURIAM.

Appellant, T.J., appeals an order placing his minor child into a permanent

guardianship. As Appellant argues, and as the Department of Children and Families and Guardian ad Litem concede, reversal is warranted given the Department’s failure

to produce evidence or testimony during the permanency hearing. See C.S. v. Dep’t

of Children & Families, 41 So. 3d 368, 368-69 (Fla. 1st DCA 2010) (noting that a

trial court’s order of permanent guardianship must be supported by competent,

substantial evidence); C.A. v. Dep’t of Children & Families, 27 So. 3d 241, 242-43

(Fla. 4th DCA 2010) (“It is well-settled that the Department has the burden of

proving that reunification with the parent would endanger the child.”).

REVERSED and REMANDED for further proceedings.

LEWIS, WETHERELL, and RAY, JJ., CONCUR.