5D09-2130 R.T. v. DCF

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-2130

Case Date: 02/08/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

R.T., SR., FATHER OF K.T. A CHILD, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. ________________________________/ Opinion filed February 8, 2010 Appeal from the Circuit Court for Seminole County, John Galluzzo, Judge. Jeffrey Deen, Altamonte Springs and Mark A. Skipper, Orlando, of the Office of the Criminal Conflict and Civil Regional Counsel, for Appellant. Jeffrey Dana Gillen, West Palm Beach, for Appellee. Case No. 5D09-2130

PALMER, J. R.T. (father) appeals the final order entered by the trial court which terminated the Department of Children and Families' (DCF) protective supervision over his daughter and placed her in the permanent guardianship of her older half-brother. Although the record contains sufficient evidence to support the trial court's ruling, we must reverse and remand for the entry of an order containing factual findings regarding the issue of reunification sufficient to comply with the statutory mandate set forth in section 39.6221 of the Florida Statutes.

Section 39.6221 of the Florida Statutes requires trial courts to set forth written findings to support any decision to order a child into a permanent guardianship arrangement. Among other things, the statute requires trial courts to explain why the parent is not fit to care for the child: 39.6221. Permanent guardianship of a dependent child *** (2) In its written order establishing a permanent guardianship, the court shall: (a) List the circumstances or reasons why the child's parents are not fit to care for the child and why reunification is not possible by referring to specific findings of fact made in its order adjudicating the child dependent or by making separate findings of fact ...

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