07-5941 L. J. S., NATURAL MOTHER OF J. S., A. S., AND W. S., v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

SUPREME COURT CASES

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State: Florida

Court: Florida First District Court

Docket No: 07-5941

Case Date: 12/05/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA L.J.S., NATURAL MOTHER OF J.S., A.S., AND W.S., Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. _____________________________/ CASE NO. 1D07-5941 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed December 5, 2008. An appeal from the Circuit Court for Bay County. James B. Fensom, Judge. Shannon C. Lord of Hunter & Lord, P.A., Panama City, for Appellant. Adrienne C. Rodgers, Senior Attorney, Panama City for Appellee Florida Department of Children and Families. Ama N. Appiah, Appellate Counsel, Orlando, for the Guardian Ad Litem Program.

PER CURIAM. L.J.S., the mother of J.S., A.S., and W.S., seeks review of the trial court's order overruling her exceptions to the magistrate's report and recommendations. The mother argues that the trial court failed to make the requisite factual findings. We

agree and reverse and remand accordingly. In 2004, the children were removed from the mother's home after she attempted to commit suicide in front of them. The mother was hospitalized and the children were placed in shelter care with their great aunt and uncle. In its petition for dependency, the Department of Children and Families (Department) alleged that the mother's seizures, mental health problems, and recent hospitalization impaired her ability to care and provide for the children and was likely to significantly impair the children's physical and emotional health. Initially, the Department's case plan had a goal of reunification, requiring the mother to complete a parenting skills course and counseling sessions. After

completing both, the mother filed a motion for reunification. In response, the Guardian Ad Litem (GAL) and the Department filed a joint motion to modify visitation and to terminate protective supervision. The magistrate held a hearing on the motions and, on November 9, 2007, the trial court adopted the magistrate's July 16, 2007, recommended orders placing the children in permanent guardianship, terminating protective supervision, modifying the mother's visitation, and denying the mother's motion for reunification. In its recommended order denying the mother's motion for reunification, the magistrate contradicted its oral pronouncement at the conclusion of the hearing that the mother 2

had "absolutely" complied with her case plan. Instead, the magistrate found that the mother was noncompliant with her case plan. The magistrate determined that the children's safety, well-being, and physical, mental, and emotional health would be endangered if they were returned to their mother's care. It is well-established that, when a parent requests reunification and has substantially complied with his case plan, there is a presumption that the children should be returned unless it is established that returning the children would endanger them. See C.D. v. Dep't of Children & Families, 974 So. 2d 495, 500 (Fla. 1st DCA 2008). In order for the trial court to deny a motion for reunification, it must demonstrate a thorough consideration of two factors: (1) the parent's compliance with the case plan, and (2) whether reunification would be detrimental to the children. See

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