A.H. V. DEPT. OF CHILDREN

State: Florida

Court: Florida Southern District Court

Docket No: 3D10-2760

Case Date: 12/28/2011

Plaintiff: A.H.

Defendant: DEPT. OF CHILDREN

Preview:Third District Court of Appeal

State of Florida, July Term, A.D. 2011
Opinion filed December 28, 2011.
Not final until disposition of timely filed motion for rehearing.

No. 3D10-2760
Lower Tribunal No. 06-15876

A.H. the mother,
Appellant, vs.

Department of Children & Families, et al.,
Appellees. An Appeal from the Circuit Court for Miami-Dade County, Cindy S.
Lederman, Judge.
Kevin Coyle Colbert, for appellant.
Karla Perkins, for appellee Department of Children & Families; Hillary S.
Kambour, for appellee Guardian Ad Litem Program.
Before SALTER and EMAS, JJ., and SCHWARTZ, Senior Judge.
SCHWARTZ, Senior Judge.
A.H., the mother of R.L, D.L., and A.L., appeals from a final judgment terminating her parental rights to those children. We reverse the judgment and remand for further proceedings on the ground that there was no statutory basis to justify this drastic remedy as to any of the children. Specifically, the record is devoid of any, let alone the clear and convincing evidence required to support the termination under section 39.806(1)(c) or 39.806(1)(f), Florida Statutes (2010), as DCF claimed and the trial court found.
The basis of the petition to terminate the mother

Download 3D10-2760.pdf