Narrative Opinion Summary
In this case, the appellate court addressed the termination of parental rights of C.W., the father of minor children R.G. and T.W., under Florida Statute § 39.806(1)(c). The trial court had terminated C.W.'s parental rights based on findings that his continued involvement was detrimental to the children's safety and well-being. However, the court did not provide C.W. with services to address his mental health or substance abuse issues, nor did it present evidence that providing such services would be futile. This oversight contravened established case law, specifically N.L. v. Dep’t of Children, Family Servs., which requires either the provision of services or evidence of futility for termination under this statute. The Department of Children and Families conceded this error, and as a result, the appellate court reversed the termination order concerning C.W.'s parental rights. The case was remanded for further proceedings, as other potentially applicable subsections of § 39.806(1) were neither pleaded nor proven in the trial court. The appellate court's decision was rendered by Judges Bilbrey, Roberts, and Kelsey, who concurred with the ruling. All other aspects of the order were affirmed.
Legal Issues Addressed
Error in Pleading under Section 39.806(1)subscribe to see similar legal issues
Application: The Department of Children and Families failed to plead or prove other subsections of § 39.806(1), which could allow for termination without the need for services.
Reasoning: While the Department acknowledged this error, other subsections of § 39.806(1) that could allow for termination without proving the provision or futility of services were neither pleaded nor proven in the trial court.
Reversal and Remand for Further Proceedingssubscribe to see similar legal issues
Application: Due to the procedural error in the trial court, the appellate court reversed the termination of parental rights and remanded the case for further proceedings.
Reasoning: Consequently, the appellate court reversed the termination order concerning C.W.'s parental rights and remanded the case for further proceedings.
Termination of Parental Rights under Civil Code Section 39.806(1)(c)subscribe to see similar legal issues
Application: The appellate court found that parental rights cannot be terminated without either providing necessary services to the parent or proving the futility of providing such services.
Reasoning: The court noted that C.W. had not been provided services to address his mental health or substance abuse issues, nor did the Department of Children and Families (DCF) present evidence to show that offering such services would be futile.