J.B.P., THE MOTHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The court affirmed the termination of parental rights despite the trial court's failure to enter specific findings of fact and conclusions of law, because the complete record was sufficient for appellate review.
A termination of parental rights order that contains only an omnibus finding rather than specific findings of fact and conclusions of law may be affirmed when the complete record is sufficient for appellate review.
[1] A termination of parental rights order lacking specific findings of fact and conclusions of law required by statute may be affirmed when the appellate record is complete…
Previewing 1 of 1 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“The judge shall enter a written order with the findings of fact and conclusions of law.”
Section 39.809(5), Florida Statutes (2002), statutory requirement for termination orders.
The Department of Children and Families sought termination of the mother's parental rights and proved by clear and convincing evidence that terminatio…
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FARMER, C.J.
We affirm the trial court’s explicit finding that:
“The Department of Children and Families, by clear and convincing evidence proved the Termination of Parental Rights Petition, and have proven the grounds for Termination of Parental Rights and the' Manifest Best Interest as required under Ch. 39 of Fla. Statutes.” Although the record supports the trial court’s finding that termination of the mother’s parental rights is in the child’s manifest best interests, the termination order fails to set forth any specific findings. The final order of termination is therefore not in compliance with section 39.809(5), Florida Statutes (2002), which provides that “[t]he judge shall enter a written order with the findings of fact and 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 presiding over termination of parental rights cases, however, not to infer that the failure to make specific factual findings will always be harmless. In most cases — although not in this one — such findings are indispensable.
AFFIRMED.
GUNTHER and GROSS, JX, concur.
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W.L. v. Dep't of Child. & Families, 172 So. 3d 562 (Fla. 4th DCA 2015)…ful review. Consequently, we vacate the final judgment of termination of parental 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.…
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A.G. v. Dep't of Child. & Families, 220 So. 3d 467 (Fla. 5th DCA 2017)…PER CURIAM. AFFIRMED. See J.B.P. v. Dep’t of Children & Families, 868 So. 2d 1289, 1290 (Fla. 4th DCA 2004) (“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 Distri…
Authorities Cited
- P.J. as Parent of B.H. v. Dep't OF Child. & Families, 783 So. 2d 1148 (Fla. 5th DCA 2001)
- J.R. v. Dep't of Child. & Families, 773 So. 2d 661 (Fla. 5th DCA 2000)