T. J. v. Dep't of Children & Families

Full title: T. J., FATHER OF A.J., MINOR CHILD, Appellant, v. DEPARTMENT OF CHILDREN…

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Jun 22, 2016

193 So. 3d 1091 (Fla. Dist. Ct. App. 2016)

Opinion

No. 1D16–0378.

06-22-2016

T. J., Father of A.J., Minor Child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

Henri C. Cawthon, Law Office of Henri C. Cawthon, P.A., Gainesville, for Appellant. Ward L. Metzger, Jacksonville, for Appellee.

PER CURIAM.

Henri C. Cawthon, Law Office of Henri C. Cawthon, P.A., Gainesville, for Appellant.

Ward L. Metzger, Jacksonville, for Appellee.

Opinion

PER CURIAM.

Appellant, T.J., appeals an order placing his minor child into a permanent guardianship. As Appellant argues, and as the Department of Children and Families and Guardian ad Litem concede, reversal is warranted given the Department's failure to produce evidence or testimony during the permanency hearing. See C.S. v. Dep't of Children & Families, 41 So.3d 368, 368–69 (Fla. 1st DCA 2010) (noting that a trial court's order of permanent guardianship must be supported by competent, substantial evidence); C.A. v. Dep't of Children & Families, 27 So.3d 241, 242–43 (Fla. 4th DCA 2010) (“It is well-settled that the Department has the burden of proving that reunification with the parent would endanger the child.”).

REVERSED and REMANDED for further proceedings.

LEWIS, WETHERELL, and RAY, JJ., concur.