GEORGE LEE MYLES, APPELLANT,
v.
DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES AND GUARDIAN AD LITEM, APPELLEES
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The Florida District Court of Appeal affirmed the trial court's termination of parental rights based on evidence of past physical and emotional abuse and risk of prospective abuse. The court rejected the father's argument regarding newly discovered evidence, finding it must be raised through proper juvenile procedure rather than on appeal.
The trial court's termination of parental rights is affirmed. The physical evidence of actual abuse, expert testimony regarding past abuse, and convincing evidence of potential prospective abuse all support the termination. Newly discovered evidence claims must be raised through Florida Rule of Juvenile Procedure 8.250(a)(2), not on appeal.
[1] Physical evidence of actual abuse, expert testimony regarding past abuse, and evidence of potential future abuse can support a trial court's decision to terminate parenta…
[2] A trial court's determination of grounds for termination of parental rights, proven by clear and convincing evidence, will not be overturned unless clearly erroneous or l…
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Join FLexlaw to unlock all legal intelligence“The physical evidence of actual abuse, the testimony of experts as to past abuse, both physical and emotional, and the convincing evidence of the potential for prospective abuse all establish the trial court's decision was correct.”
Establishes the evidentiary basis supporting termination of parental rights
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Join FLexlaw to unlock all legal intelligenceThe case involved a child whose parent had inflicted physical abuse and emotional abuse. Expert testimony established both past abuse and a potential …
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PER CURIAM.
We affirm the termination of parental rights. The physical evidence of actual abuse, the testimony of experts as to past abuse, both physical and emotional, and the convincing evidence of the potential for prospective abuse all establish the trial court's decision was correct. See Palmer v. Department of HRS, 547 So. 2d 981 (Fla. 5th DCA), cause dismissed, 553 So. 2d 1166 (Fla.1989); Spankie v. Department of HRS, 505 So. 2d 1357 (Fla. 5th DCA), review denied, 513 So. 2d 1063 (Fla.1987); In the Interest of J.N., 492 So. 2d 1118 (Fla. 1st DCA 1986); see also In the Interest of W.D.N., 443 So. 2d 493 (Fla. 2d DCA 1984) (abuse of other siblings by a parent can be considered as evidence of abuse in a permanent commitment case involving three children, one of whom had suffered no abuse).
A trial court’s determination that grounds for terminating parental rights have been proven by clear and convincing evidence cannot be overturned “unless clearly erroneous or lacking in evidentiary support.” In the Interest of D.J.S., 563 So. 2d 655, 661-62 (Fla. 1st DCA 1990). The factual determination in the instant case is clearly supported by the record. There was no failure by the department “to make reasonable efforts to reunite the family,” § 39.467(3)(e), Fla.Stat. (Supp.1990), and the evidence, without exception, confirms that the termination is in “the manifest best interests of the childfren].” § 39.467(1), Fla.Stat. (Supp.1990).
The father argues that he has new evidence which necessitates reversal. We have in no way considered the merits of this argument. If, however, he does have a meritorious claim, the proper procedure for presenting such a claim is by means of Florida Rule of Juvenile Procedure 8.250(a)(2). That rule establishes that a party may be relieved from order, judgment, or proceeding, upon a finding of “[njewly discovered evidence which by due diligence could not have been discovered in time to move for rehearing.” Our review, however, is limited to the record on appeal. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754 (Fla. 1st DCA 1988); Rosenberg v. Rosenberg, 511 So. 2d 593 (Fla. 3d DCA 1987), review denied, 520 So. 2d 586 (Fla.1988).
Accordingly, the order of termination of parental rights is affirmed.
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Ines Mendez v. Dep't of Health & Rehabilitative Servs., 658 So. 2d 1241 (Fla. 3d DCA 1995)…PER CURIAM. Affirmed. See Padgett v. Department of Health & Rehabilitative Servs., 577 So. 2d 565, 570 (Fla.1991); Myles v. Department of Health & Rehabilitative Servs., 590 So. 2d 1053, 1054 (Fla. 3d DCA 1991).…
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In the Interest of R.W.P. v. Penchansky, 634 So. 2d 722 (Fla. 3d DCA 1994)…at the mother failed to substantially comply with the performance agreement. The trial court’s findings of sexual abuse are clearly supported by the record, and are neither “clearly erroneous” nor “lacking in evidentia-ry support.” See Myles v. HRS, 590 So. 2d 1053 (Fla. 3d DCA 1991); In Interest of D.J.S., 563 So. 2d 655 (Fla. 1st DCA 1990). Affirmed in part; reversed in part, and remanded with directions.…
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S. T. v. Dep't of Child. & Fam. Servs., 728 So. 2d 372 (Fla. 3d DCA 1999)…t the trial court was correct in its ruling that the State met its burden of proving by clear and convincing evidence that it is in the best interest of the children that the termination of parental rights be ordered. See Myles v. Department of HRS, 590 So. 2d 1053 (Fla. 3d DCA 1991). We do not find it necessary to lay out the facts here, but we do note with approval the following statement by the trial court: “The children’s well-being and health has been endangered while in the parents’ care and that has b…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)
- Palmer v. Dep't of Health & Rehabilitative Servs., 547 So. 2d 981 (Fla. 5th DCA 1989)
- In the Interest of W.D.N., II, 443 So. 2d 493 (Fla. 2d DCA 1984)
- Thornber v. City OF Fort Walton Beach, 534 So. 2d 754 (Fla. 1st DCA 1988)
- Rosenberg v. Rosenberg, 511 So. 2d 593 (Fla. 3d DCA 1987)
- Laurian Anne Rauen Spankie v. Dep't of Health & Rehabilitative Servs., 505 So. 2d 1357 (Fla. 5th DCA 1987)
- In the Interest of J.N., 492 So. 2d 1118 (Fla. 1st DCA 1986)