B.R., FATHER OF N.R., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, AND L.P., MOTHER OF N.R., A CHILD, APPELLEES

Fla. 5th DCA | 2013-02-05
No. 5D12-4144
TORPY, COHEN and JACOBUS, JJ., concur.
106 So. 3d 512 Florida District Court of Appeal, Fifth District (2013)

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Synopsis

This opinion is a dissent arguing that a specific statutory ground for termination of parental rights, based on chronic substance abuse and failure to complete treatment, is nonsensical as written and should not be applied.


Holding

The dissenting judge believes the trial court was correct in its interpretation and that the statute as written does not make sense in allowing termination to be overturned if treatment was completed, even if the parent remains incapable of caring for the child.


Facts & Procedural History

The case involves a petition to terminate parental rights. The dissenting judge disagrees with the majority's decision to remand for removal of termin…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court
PER CURIAM.

*513PER CURIAM.

The father, B.R., appeals from an order placing his child, N.R., in permanent guardianship. Based upon the State’s proper concession of error, we reverse.

Section 39.621(3)(a), Florida Statutes (2011), requires the Department to file and serve, at least three business days before the permanency hearing, a judicial review social services report which includes a recommended permanency goal and an explanation as to why such a recommendation is in the best interest of the child. The State concedes no such notice was provided. Cf. In re KM., 86 So.3d 556, 560 (Fla. 2d DCA 2012) (reversing where Department of Children and Family Services did not provide mother with proper notice of permanency hearing).

REVERSED.

TORPY, COHEN and JACOBUS, JJ., concur.


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