J.R., FATHER OF C.R., M.R., J.R., G.R., AND M.R., CHILDREN, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., APPELLEES

Fla. 5th DCA | 2010-01-22
No. 5D09-1514
Sawaya, J., Lawson, J., Cohen, J.
28 So. 3d 117 Florida District Court of Appeal, Fifth District (2010)

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Synopsis

Florida appellate court affirmed termination of parental rights where father failed to seek medical attention for six hours for his severely head-injured adoptive daughter, resulting in her death.


Holding

Parental rights may be terminated when a parent, knowing a child has suffered severe head trauma, negligently fails to seek medical attention, thereby contributing to the child's death.


Headnotes

[1] A parent's failure to seek medical attention for a child with severe, observable head trauma, despite knowledge of the injury, constitutes grounds for termination of pare…

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Facts & Procedural History

J.R. and his wife were adoptive parents to six children. Their daughter F.R., age two and one-half, sustained thirteen rotational head injuries causin…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

J.R. appeals the termination of his parental rights to five adoptive children, C.R., M.R., J.R., G.R. and M.R., following the death of his sixth child, F.R. F.R. had been severely abused, sustaining over sixty injuries, of varying degrees of severity, to her head, back, buttocks and legs. The injuries causing F.R.’s death were thirteen separate rotational injuries to the head which caused internal bleeding and swelling of the brain. The evidence reflected the parents were the only caregivers during the critical time frame and, although neither parent admitted responsibility for the injuries to F.R.’s head, a review of the proceedings supports the trial court’s finding that J.R.’s wife inflicted the blows.

We find substantial, competent evidence to support the trial court’s decision terminating J.R.’s parental rights because J.R., despite knowing F.R. was injured and virtually non-responsive as a result of head trauma, neglected to seek medical attention for over six hours, a decision that ensured a tragic end for the two and one-half year old child. The trial court found J.R.’s conduct to be egregious and made the required findings pursuant to section 39.806, Florida Statutes. We affirm.

AFFIRMED.

SAWAYA, LAWSON and COHEN, JJ„ concur.


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