IN THE INTEREST OF S.N.W., A CHILD

Fla. 1st DCA | 1986-12-30
No. BO-79
SHIVERS and THOMPSON, JJ., concur.
501 So. 2d 37 Florida District Court of Appeal, First District (1986) Positive Treatment
Cited by 6 cases

Opinion of the Court
SMITH, Judge.

SMITH, Judge.

Appellant-mother appeals a final judgment permanently committing her daughter to the Department of Health and Rehabilitative Services for adoption. The petition for permanent commitment failed to allege present abandonment, abuse or neglect and although the final order comments on the considerable evidence introduced in support of the order, a specific finding of abuse, abandonment or neglect at the time of the commitment hearing was not made. Under these circumstances we have no alternative, regrettably, but to reverse. See In the Interest of R.W., et al., 495 So. 2d 133 (Fla.1986); In the Interest of Y.F.W., 494 So. 2d 308 (Fla. 1st DCA 1986); and In the Interest of A.D.J. and D.L.J., 466 So. 2d 1156 (Fla. 1st DCA 1985).

REVERSED.

SHIVERS and THOMPSON, JJ., concur.


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  • L.A.G. v. Dep't of Child. & Fam. Servs., 963 So. 2d 725 (Fla. 3d DCA 2007)
    …s in the written termination order. The trial court violated due process by terminating L.A.G.’s parental rights to her three oldest children without notifying her of the specific grounds upon which termination was based. In the Interest of S.N.W., 501 So. 2d 37 (Fla. 1st DCA 1986) (reversing final judgment of permanent commitment where the petition failed to allege present abandonment, abuse or neglect). We are compelled, therefore, to reverse the order terminating L.A.G.’s parental rights to M.M., A.M., a…
  • In the Interest of R.N.G., 507 So. 2d 136 (Fla. 1st DCA 1987)
    …he court failed to make a specific finding that the children had been either abused, abandoned, or neglected, as required by section 39.41(l)(f), Florida Statutes (1985). In the Interest of R.W., 495 So. 2d 133 (Fla.1986); In the Interest of S.N.W., 501 So. 2d 37 (Fla. 1st DCA 1986); In the Interest of T.D., 501 So. 2d 93 (Fla. 1st DCA 1987). We therefore reverse and remand for further proceedings, with leave for the trial court to determine whether the taking of further evidence will be necessary, or whethe…
  • Scott v. Dep't of Health & Rehabilitative Servs., 509 So. 2d 1230 (Fla. 5th DCA 1987)
    …ome long ago six month period of non-visitation upon which to find an abandonment as that term was defined in section 39.01(1), Florida Statutes (1984). The abandonment must be “at the time of the committment hearing.” See In the Interest of S.N.N., 501 So. 2d 37 (Fla. 1st DCA 1986). . This language is from In Interest of D.A.H., 390 So. 2d 379, 381 (Fla. 5th DCA 1980). . In re; R.W., 481 So. 2d 548 (Fla. 5th DCA 1986), affirmed, 495 So. 2d 133 (Fla.1986).…

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