J.R., AS MOTHER OF T.R., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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Florida appellate court vacated termination of parental rights order because trial court failed to enter written findings of fact as required by statute and because oral pronouncements conflicted with the written order's stated grounds.
A trial court must enter a written order with specific findings of fact and conclusions of law when terminating parental rights, and oral pronouncements must conform to the written order's stated statutory grounds.
[1] Section 39.809(5), Florida Statutes requires trial courts to enter written orders with specific findings of fact and conclusions of law when terminating parental rights,…
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Join FLexlaw to unlock all legal intelligenceJ.R.'s parental rights to her minor child T.R. were terminated by written order that lacked specific findings of fact and whose stated grounds differe…
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PER CURIAM.
Section 39.809(5), Florida Statutes (1999) requires a trial court to enter a written order with findings of fact and conclusions of law when terminating parental rights. In this case, the Department of Children and Families concedes that the order terminating J.R.’s parental rights as to T.R., her minor child, is deficient because it fails to make specific findings of fact. We must vacate the order and direct the trial court on remand to comply with section 39.809(5).
Additionally, the trial court’s oral pronouncements at the termination hearing do not conform to its written order. The written order indicates that termination resulted in part from failure to comply with a case plan pursuant to Florida Statutes, section 39.806(l)(e). However, oral pronouncement indicated that J.R.’s rights were being terminated pursuant to section 39.806(l)(c) and (i). These subsections provide that termination is proper [wjhen the parent ... engages in conduct toward the child or toward other children that demonstrate that the continuing involvement of the parent ... in the parent-child relationship threatens the life, safety, well-being, or physical, mental or emotional health of the child irrespective of the provision of services” or if parental rights have been terminated as to a child’s sibling. It is clear from the record that termination was proper under section 39.806(l)(c) and (i). Therefore, we direct the trial court to remedy the inconsistency upon remand.
We find that J.R. s remaining arguments are without merit.
ORDER VACATED; REMANDED.
COBB, PETERSON and PALMER, JJ., concur.
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P.J. as Parent of B.H. v. Dep't OF Child. & Families, 783 So. 2d 1148 (Fla. 5th DCA 2001)…order. Section 39.809(5) of the Florida Statutes (1999) requires trial courts to enter written termination orders which set forth findings of facts and conclusions of law. See § 39.809(5), Fla.Stat. (1999); J.R. v. Dep’t of Children and Families, 773 So. 2d 661 (Fla. 5th DCA 2000). The instant termination order fails to contain any factual findings. Rather, the order merely states that the Department of Children and Families (DCF) demonstrated, by clear and convincing evidence, that the mother engaged in e…
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J.B.P. v. Dep't of Child. & Families, 868 So. 2d 1289 (Fla. 4th DCA 2004)…conclusions of law.” As such, this court could vacate the order and direct the trial court to comply with section 39.809(5). See, e.g., P.J. v. Dep’t of Children & Families, 783 So. 2d 1148 (Fla. 5th DCA 2001); J.R. v. Dep’t of Children & Families, 773 So. 2d 661 (Fla. 5th DCA 2000). Because the complete record is sufficient and enables us to review the final order of termination, even with only a single omnibus finding, we have elected not to reverse in this case. We caution the Judges in this District pr…
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W.L. v. Dep't of Child. & Families, 172 So. 3d 562 (Fla. 4th DCA 2015)…rights and remand this case to the trial court so that it may enter a final judgment which complies with section 39.809(5). See J.B.P. v. Dep’t of Children & Families, 868 So. 2d 1289, 1290 (Fla. 4th DCA 2004); J.R. v. Dep’t of Children & Families, 773 So. 2d 661, 661 (Fla. 5th DCA 2000). Vacated and remanded with instructions. CONNER, J., and BOORAS, TED, Associate Judge, concur.…