T.B. v. Department of Children & Family Services

District Court of Appeal of Florida

T.B. v. Department of Children & Family Services

718 So. 2d 397, 1998 Fla. App. LEXIS 12854, 1998 WL 712867

CourtDistrict Court of Appeal of Florida

DecidedOctober 14, 1998

DocketNo. 97-4308

StatusPublished

This text of 718 So. 2d 397 (T.B. 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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T.B. v. Department of Children & Family Services, 718 So. 2d 397, 1998 Fla. App. LEXIS 12854, 1998 WL 712867 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

We affirm an order terminating Appellant’s parental rights as to her three children, D.B., J.H., and N.H. Padgett v. Department of Health and Rehabilitative Servs., 577 So.2d 565 (Fla.1991); In Interest of Baby Boy A 544 So.2d 1136 (Fla. 4th DCA 1989); § 39.464, Fla. Stat. (1997). The record reflects that the trial court could conclude that the state established by clear and convincing evidence that Appellant’s parental rights as to the minor child, N.H., should be terminated. The trial court’s finding that Appellant failed to protect D.B. is supported by competent substantial evidence. There is direct evidence and expert evidence that D.B. had been physically abused by severe beatings by Appellant’s husband, D.B.’s stepfather, on more than one occasion and Appellant failed to protect the child and participated extensively in covering up the abuse; the parents neglected J.H.’s medical needs resulting in his becoming blind in one eye; and N.H. is at risk of abuse or neglect based on clear and convincing evidence of abuse and neglect of her siblings and additional conduct of the parents frustrating efforts of the department to reunify the family. The record also supports the court’s findings that Appellant failed to comply with the case plan, the department made every reasonable effort to reunify the family, and the parents’ conduct placed the children at continued risk of further abuse and neglect that threatened their lives and well being irrespective of any provision of services.

STONE, C.J., WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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PER CURIAM.

We affirm an order terminating Appellant’s parental rights as to her three children, D.B., J.H., and N.H. Padgett v. Department of Health and Rehabilitative Servs., 577 So.2d 565 (Fla.1991); In Interest of Baby Boy A 544 So.2d 1136 (Fla. 4th DCA 1989); § 39.464, Fla. Stat. (1997). The record reflects that the trial court could conclude that the state established by clear and convincing evidence that Appellant’s parental rights as to the minor child, N.H., should be terminated. The trial court’s finding that Appellant failed to protect D.B. is supported by competent substantial evidence. There is direct evidence and expert evidence that D.B. had been physically abused by severe beatings by Appellant’s husband, D.B.’s stepfather, on more than one occasion and Appellant failed to protect the child and participated extensively in covering up the abuse; the parents neglected J.H.’s medical needs resulting in his becoming blind in one eye; and N.H. is at risk of abuse or neglect based on clear and convincing evidence of abuse and neglect of her siblings and additional conduct of the parents frustrating efforts of the department to reunify the family. The record also supports the court’s findings that Appellant failed to comply with the case plan, the department made every reasonable effort to reunify the family, and the parents’ conduct placed the children at continued risk of further abuse and neglect that threatened their lives and well being irrespective of any provision of services.

STONE, C.J., WARNER, J., and OWEN, WILLIAM C., Jr., Senior Judge, concur.

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718 So. 2d 397, 1998 Fla. App. LEXIS 12854, 1998 WL 712867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tb-v-department-of-children-family-services-fladistctapp-1998.

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