IN THE INTEREST OF C.M.P., A CHILD
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Florida appellate court reversed termination of parental rights because the trial court failed to make explicit findings regarding all statutory factors required by section 39.467(2), Florida Statutes, particularly factor (2)(d).
A trial court must make findings addressing all statutory factors enumerated in section 39.467(2), Florida Statutes, when determining whether termination of parental rights is in the child's best interest.
[1] A trial court's order terminating parental rights must contain explicit findings of fact addressing all statutory factors enumerated in section 39.467(2), Florida Statute…
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Join FLexlaw to unlock all legal intelligenceThe trial court entered an order terminating parental rights and committing the child for adoption, stating it was in the child's manifest best intere…
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PER CURIAM.
This cause is before us on appeal from a final order terminating parental rights. Only one issue merits discussion. Appellant contends that the trial court erred in failing to make findings with regard to the best interest of the child as required by section 39.467(2), Florida Statutes.
The court’s order terminating parental rights states that it is “manifestly in the best interest of the child that parental rights be terminated and that the child be permanently committed for subsequent adoption.” However, the order does not indicate that the trial court considered or evaluated all of the factors delineated in section 39.467(2)(a)-(k), Florida Statutes, in reaching the determination that termination of parental rights was in the manifest best interest of the child. In In re Interest of B.T., 597 So. 2d 398 (Fla. 1st DCA 1992), this court held that reversal is required where the statutory factors of section 39.467(2), Florida Statutes, are not considered. Our review of the record indicates that most of the factors of section 39.467(2) were considered by the trial court. However, we find no basis on which we could find that the trial court considered factor (2)(d) of section 39.467.
Accordingly, we must reverse the order terminating parental rights, and remand the case for entry of an order containing the necessary findings of fact.
BOOTH, WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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I.M. v. State, 668 So. 2d 275 (Fla. 1st DCA 1996)…te review because the statutory factors enumerated in section 39.4612, Florida Statutes (Supp.1994), are not addressed in either the order or the transcript. We, therefore, reverse and remand for further consideration. See In the Interest of C.M.P., 608 So. 2d 568 (Fla. 1st DCA 1992), and In the Interest of R.J., et al., 586 So. 2d 496 (Fla. 1st DCA 1991). JOANOS, WOLF and VAN NORTWICK, JJ., concur.…
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T.C. v. Dep't of Health & Rehabilitative Servs., 681 So. 2d 893 (Fla. 4th DCA 1996)…cases which appear to require an order of termination of parental rights to address each and every factor listed in section 39.4612 and to, be reversible if the order fails to do so. See In re C.K., 601 So. 2d 1331 (Fla. 2d DCA 1992); In re C.M.P., 608 So. 2d 568 (Fla. 1st DCA 1992); I.M. v. Department of Health & Rehabilitative Servs., 668 So. 2d 275 (Fla. 1st DCA 1996). To Me extent that these cases require that the order recite and discuss each and every factor, we disagree with their interpretation of th…
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T.O. v. L. S., 954 So. 2d 737 (Fla. 1st DCA 2007)…herefore reverse the order terminating parental rights and remand for entry of an order containing the necessary findings of fact. See I.M. v. Florida Dep’t Of Health & Rehabilitative Serv., 668 So. 2d 275 (Fla. 1st DCA 1996); In Interest of C.M.P., 608 So. 2d 568 (Fla. 1st DCA 1992). BARFIELD and POLSTON, JJ., concur; BENTON, J. concurring, with written opinion.…
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- In the Interest of B.T., 597 So. 2d 398 (Fla. 1st DCA 1992)