IN THE INTEREST OF R.N.G., C.A.G. AND S.E.G., MINOR CHILDREN
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SHIVERS, Judge.
This is an appeal of an order of permanent commitment, terminating appellants’ parental rights with regard to their three minor children. We reverse the order, and remand for further proceedings.
In the final judgment of permanent commitment, the trial court reviewed the evidence presented at the hearing and determined that it was in the best interest of the children to be placed for adoption. However, the 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 whether a determination can be made on the existing record.
REVERSED and REMANDED.
SMITH, C.J., and ZEHMER, JJ., concur.
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Citator
Cited By
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Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)…ination is in the manifest best interests of the child is by itself legally insufficient to support a judgment terminating parental rights. Williams v. Department of Health & Rehabilitative Services, 589 So. 2d 359 (Fla. 5th DCA 1991); In re R.N.G., 507 So. 2d 136, 137 (Fla. 1st DCA 1987). The trier of fact must take great care to assure that such evidence does not influence his decision on the threshold issue of abuse, abandonment, or neglect. In the present case, the trial court found by clear and convincin…
Authorities Cited
- In the Interest of R.W. v. Pollock, 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)