IN THE INTEREST OF D.W. AND C.W., CHILDREN. M.W., FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Father M.W. appeals the termination of his parental rights to twin children D.W. and C.W. The court affirmed the termination based on the father's inability to meet the children's special needs, but reversed to the extent the order prevented contact between father and children, remanding for the trial court to determine appropriate structured visitation.
The court affirmed the termination of parental rights based on the father's inability to cope with the children's special needs, but reversed the order to the extent it prevented contact between the father and children, and remanded for the trial court to determine appropriate structured visitation under the applicable statute.
[1] A trial court may terminate parental rights when a parent's long-established inability to cope with a child's special needs warrants such a decision, even if the parent l…
[2] A trial court has the authority to permit structured contact between children and a parent whose rights have been terminated.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“his long-established inability to cope with their special needs warrants this decision”
Establishes the basis for affirming the termination of parental rights
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Join FLexlaw to unlock all legal intelligenceD.W. and C.W. are fraternal twins, now approximately eleven years old, who were adjudicated dependent in 1991 and placed in foster care. They lived wi…
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ALTENBERND, Judge.
M.W. appeals the final order terminating his parental rights to D.W. and C.W. We affirm the termination, but reverse the order to the extent that it may prevent contact between M.W. and these children.
D.W. and C.W. are fraternal twins, who are now approximately eleven years old. M.W. is their father. The twins were adjudicated dependent in 1991. They have been in foster care since 1991, except for a period between 1993 and 1997 when they lived with M.W. Without detailing the evidence, we conclude that the trial court properly terminated parental rights. We do not question that the father loves his children, but his long-established inability to cope with their special needs warrants this decision.1
On the .other hand, the evidence reflects that a strong bond exists between the father and his children. The Department recognizes that these children are unlikely to be adopted because of their age and special needs. During the trial, the judge candidly discussed his belief that these children’s best interests would be served by continuing contact between the children and their father, as well as their biological grandparents. At trial, the Department’s only concern with such visitation was the risk that it might cause the children to want to be reunited with the father. The trial judge seemed to believe that the children had the capacity to understand that reunification was not an option.
The order on appeal does not adequately address the issue of future visitation. We are inclined to believe that this issue was inadvertently omitted from the order. The trial court has authority to permit structured contact between these children and their father. See § 39.811(7)(b), Fla. Stat. (1997). We reverse the order to the extent that it implicitly denies such visitation. On remand, the trial court is free to receive additional evidence before exercising its discretion on the issue of future contact between the father and the children. Because we are remanding on this issue, we point out that the order on appeal does not affect the grandparents’ right to contact D.W. and C.W. See § 39.811(7)(a), Fla. Stat. (1997). The transcript suggests that the grandparents may be confused about their ability to contact these children. It may be prudent for the trial court to clarify their status at the same time that it reconsiders structured contact by the father. Affirmed in part, reversed in part, and remanded.
THREADGILL, A.C.J., and SALCINES, J., Concur. . We note that our review of this case has been hampered by the failure of the Department to take the steps necessary to incorporate the record from the dependency proceeding into the trial court's record in the termination proceeding. The termination is a separate proceeding from the dependency. Unless the parties stipulate to the inclusion of the dependency record in the termination record or the trial court takes formal judicial notice of these records, they are not within the trial court’s record and, thus, are not a part of the record on appeal. See § 90.202(6), Fla. Stat. (1997).
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In the Interest of B.P. & L.P. v. Dep't of Child. & Fam. Servs., 813 So. 2d 1074 (Fla. 2d DCA 2002)…court, the nature and frequency must be set forth in a written order. § 39.811(7)(b). Because the trial court failed to adequately address its ruling in a written order, we reverse. See M.W. v. Dep’t of Children & Families (In re Interest of D.W.), 763 So. 2d 497 (Fla. 2d DCA 2000). Reversed and remanded. GREEN and KELLY, JJ., Concur.…