11-4454 A.H., Father of A.H. and A.H., Minor Children, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES

State: Florida

Court: Florida First District Court

Docket No: 11-4454

Case Date: 05/01/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA A. H., Father of A. H. and A. H., Minor Children, Appellant, CASE NO. 1D11-4454 v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee. _____________________________/ Opinion filed May 1, 2012. An appeal from the Circuit Court for Duval County. John Merrett, Judge. Lara A. Mason, Jacksonville, for Appellant. Ward L. Metzger, Appellate Counsel, Jacksonville, for Appellee. Kelley Schaeffer, Appellate Counsel, Guardian ad Litem Program, Tavares.
CORRECTED PAGES: pg 2 CORRECTION IS A DELETED SENTENCE FROM FOOTNOTE 1 MAILED: MAY 14, 2012 BY: NKN

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

BENTON, C.J. A.H. appeals an order terminating parental rights as to his two daughters, each of whose initials are also A.H. We agree with his contention that none of the

five statutory grounds on which the trial court relied to terminate his parental rights are supported by competent, substantial evidence which could reasonably be found to be clear and convincing, and reverse. On November 28, 2008, when he was a year-and-a-half, the only son of appellant A.H. and S.S. was admitted to a hospital intensive care unit with a brain injury. Three days later he died. Because the Child Protection Team concluded the brain injury was "diagnostic of abuse," the Department of Children and Family Services (Department) filed a shelter petition resulting in the dead child's two sisters' being placed with their maternal grandmother. At some point, appellant consented to the trial court's adjudicating the sisters, his daughters A.H. and A.H., "dependent." S.S., the children's mother, was eventually arrested and charged criminally in connection with the son's death. The Department did not offer S.S. a case plan, and filed an expedited petition for termination of her parental rights.1 ("Time is of the essence for

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