IN THE INTEREST OF R.B. AND T.C., CHILDREN. R.C., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND GUARDIAN AD LITEM PROGRAM, APPELLEES

Fla. 2d DCA | 2009-05-06
No. 2D08-2457
ALTENBERND and CRENSHAW, JJ., Concur.
6 So. 3d 736 Florida District Court of Appeal, Second District (2009)

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Holding

The court held that the order placing the children in permanent guardianship must be reversed because it failed to contain required written findings and the evidence was insufficient to support the placement.


Facts & Procedural History

The Department of Children and Family Services appealed an order placing two daughters in permanent guardianship and terminating its supervision. The …

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Opinion of the Court
KHOUZAM, Judge.

KHOUZAM, Judge.

R.C. appeals an order placing his two daughters, T.C. and R.B., in a permanent guardianship1 and terminating the supervision of the Department of Children and Family Services. The Department correctly concedes error because the order failed to contain written findings as required by section 39.6221(2), Florida Statutes (2007).

The Department also concedes that, even if the trial court’s order complied ■with section 39.6221(2), the evidence was insufficient to support the placement of the children in a permanent guardianship. We agree. See C.A. v. Dep’t of Children & Families, 988 So.2d 1247, 1249 (Fla. 4th DCA 2008) (holding that trial court’s finding must be supported by competent substantial evidence). Accordingly, we reverse the order placing the children in a permanent guardianship and remand for further proceedings.

Reversed and remanded.

ALTENBERND and CRENSHAW, JJ., Concur.


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