L.D., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Fla. 3d DCA | 2000-10-25
No. 3D00-325
Before COPE, GODERICH and GREEN, JJ.
770 So. 2d 219 Florida District Court of Appeal, Third District (2000) Positive Treatment
Cited by 4 cases

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Synopsis

A mother appeals a final judgment terminating her parental rights to her child. The sole issue on appeal is whether testimony from a guardian ad litem who performed no investigation should have been excluded. The court affirms the termination, finding the factual basis overwhelming regardless of the guardian's testimony.


Holding

The court affirmed the termination judgment, holding that even if the guardian's recommendation is disregarded as unreliable due to lack of investigation, the factual basis for termination is so compelling that the judgment must be affirmed.


Headnotes

[1] A trial court's appointment of a guardian ad litem, even if belated, is permissible when the court recognizes the statutory mandate for such an appointment during proceed…

[2] A party who fails to object to the late appointment of a guardian ad litem or request a continuance for investigation waives the right to challenge the guardian's testimo…

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Key Quotes

“More importantly, even without the testimony of "the [Guardian Ad Litem] Program representative, the Court's findings would still be the same, and the Court would still terminate the Mother's parental rights."”

The trial court's own statement that termination was supported by facts independent of the guardian's testimony, indicating harmless error even if the guardian's opinion should be excluded.

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Facts & Procedural History

A guardian ad litem was not appointed at the outset of the termination proceedings, despite statutory requirements. At trial, the trial court appointe…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The mother, L.D., appeals a final judgment terminating her parental rights with respect to her child, C.L. We affirm.

At the start of the trial of the petition for termination of parental rights, the trial" court noticed that a guardian ad litem had not previously been appointed for the child. See §§ 39.807(2)(a), 39.822(1), Fla. Stat. (1999). Neither the mother nor the other parties had previously requested such an appointment or objected to the absence of a guardian ad litem.

Concerned that the statute made the appointment mandatory, the court directed that the guardian ad litem program provide a guardian immediately. The program did so, sending to court a guardian who had previously represented other children from this same family, although not C.L. The mother did not object to this belated appointment nor did the mother request a continuance to allow investigation by the guardian ad litem.

The trial proceeded for two days. When the guardian ad litem was called to testify, the mother objected that the guardian had not performed any investigation with regard to C.L. and asked that the testimony be excluded. The trial court overruled the objection. The guardian ad litem testified, emphasizing that her recommendation for termination of parental rights was a limited one and was based on prior involvement in the cases of the other siblings, but without specific investigation as to C.L.

After trial, the court entered a nine page final judgment terminating parental rights. There is an extensive factual basis for the termination judgment, and the legal sufficiency of the court’s findings is not challenged.

The mother’s sole argument on appeal is that the opinion of the guardian ad litem should have been excluded. However, the mother did not object to the late appointment and at no time requested a continuance so that the guardian ad litem could perform an investigation. The final judgment establishes a compelling factual basis for termination of parental rights. The recommendation of the guardian ad litem is summarized in a single paragraph, which ends with the following: “More im portantly, even without the testimony of “the [Guardian Ad Litem] Program representative, the Court’s findings would still be the same, and the Court would still terminate the Mother’s parental rights.”

If we assume arguendo that the guardian’s recommendation should be considered a nullity because the guardian had been given no time to perform a particularized investigation as to C.L., we would still affirm. Based on the facts of the present case, there is simply no plausible way that this case could come out other than to terminate the mother’s parental rights. See In re E.F., 639 So. 2d 639, 643 (Fla. 2d DCA 1994).

Affirmed.


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Citator

Cited By

  • C.W. v. Dep't of Child. & Families, 814 So. 2d 488 (Fla. 1st DCA 2002)
    …physically abusive toward any of her children. This is definitely not a situation where “there is simply no plausible way that this case could come out other than to terminate the mother’s parental rights.” L.D. v. Dep’t of Children & Family Servs., 770 So. 2d 219, 220 (Fla. 3d DCA 2000). But grounds for termination of parental rights were established under sections 39.806(l)(f) and (i), Florida Statutes (2000), [*493] as even the dissenting opinion seems to concede, and the trial court has determined that…
  • S.T. v. Dep't of Child. & Fam. Servs., 789 So. 2d 523 (Fla. 3d DCA 2001)
    …g involvement of the parent ... threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services”)(quoting § 39.806(l)(c), Fla. Stat.); L.D. v. Dep’t of Children & Family Servs., 770 So. 2d 219, 220 (Fla. 3d DCA 2000)(case facts present “no plausible way that this case could come out other than to terminate the mother’s parental rights”); S.T. v. Dep’t of Children & Family Servs., 728 So. 2d 372 (Fla. 3d DCA 1999)(burden of proof to termin…

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