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R.M. v. Dept. of Ch. Fam

District Court of Appeal of Florida, Fourth District
Jun 18, 2003
847 So. 2d 1103 (Fla. Dist. Ct. App. 2003)

Summary

holding that section 39.806(d) does not require proof that actual contact with the incarcerated parent was detrimental to children and evidence that the possibility of the parent reclaiming his children after his incarceration would be extremely detrimental to the children's mental health was sufficient to support termination

Summary of this case from M.S. v. Dep't of Children & Families (In re Interest of J.W.)

Opinion

Case No. 4D02-3416.

Opinion filed June 18, 2003.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Richard D. Eade, Judge; L.T. Case No. 01-295 CJDP.

Kathleen K. Pena, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, Fort Lauderdale, for appellee.


An incarcerated father appeals the termination of his parental rights to his two children, claiming that the trial court erred in relying on section 39.806(1)(d)3, Florida Statutes (2001), as a ground for termination. That section permits the court to terminate the rights of an incarcerated parent when the court determines by clear and convincing evidence that "continuing the parental relationship would be harmful to the child." The father contends that the Department of Children and Families ("DCF") failed to prove that actual contact with the father was detrimental to the children. We hold that the statute does not require proof that actual contact is detrimental. DCF relied upon the testimony of the children's therapists to meet its burden in proving the father's continuing relationship was detrimental to the children. Each testified to the children's mental state, their present lack of a relationship with their father, and their need for permanency. They each stressed that the possibility of the father reclaiming his children after his incarceration would be extremely detrimental to the children's mental health. The daughter's therapist even stated that reunification several years in the future would "completely destroy" the little girl. The trial court found this evidence compelling. We distinguish In re J.D.C., 819 So.2d 264, 266 (Fla. 2d DCA 2002), because in that case, DCF apparently offered no evidence regarding the effect continuing the parental relationship would have on the child.

Affirmed.

POLEN, C.J., and GROSS, J., concur.


Summaries of

R.M. v. Dept. of Ch. Fam

District Court of Appeal of Florida, Fourth District
Jun 18, 2003
847 So. 2d 1103 (Fla. Dist. Ct. App. 2003)

holding that section 39.806(d) does not require proof that actual contact with the incarcerated parent was detrimental to children and evidence that the possibility of the parent reclaiming his children after his incarceration would be extremely detrimental to the children's mental health was sufficient to support termination

Summary of this case from M.S. v. Dep't of Children & Families (In re Interest of J.W.)

affirming the termination of parental rights under section 39.806(d) 3 where the children's therapists testified as to their mental state, their lack of a relationship with their incarcerated parent, and the "extremely detrimental" effect that reunification with the incarcerated parent could have on them

Summary of this case from K.M.G. v. Dep't of Children & Families (In re M.G.)
Case details for

R.M. v. Dept. of Ch. Fam

Case Details

Full title:R.M., The Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 18, 2003

Citations

847 So. 2d 1103 (Fla. Dist. Ct. App. 2003)

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