A.M.B., MOTHER OF N.R.B., MINOR CHILD AND C.M., NATURAL FATHER OF N.R.B., APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 1st DCA | 2017-07-26
No. CASE NO. 1D16-5850
WINOKUR, JAY, and M.K. THOMAS, JJ., CONCUR.
222 So. 3d 1237 Florida District Court of Appeal, First District (2017)

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Synopsis

The Florida District Court of Appeal reversed the trial court's termination of parental rights for both the mother and father of a minor child. The Department conceded that evidence was insufficient to support termination of the father's rights, and because the mother's termination was based solely on failure to complete a case plan (not grounds sufficient for single-parent termination), the court reversed both terminations and remanded for further proceedings.


Holding

The termination of both parents' parental rights was reversed and remanded. The Department conceded that evidence was insufficient to support the father's termination, and the mother's termination could not stand because it was based on failure to complete a case plan, which is not a ground for single-parent termination under section 39.811(6)(e), and the trial court made no findings required by section 39.811(6)(a)-(d).


Headnotes

[1] When an appellate court reverses the termination of parental rights as to one parent, the termination of the other parent's rights must also be reversed if the Department…

[2] Section 39.811(6) of the Florida Statutes lists the exclusive circumstances under which a trial court may terminate the parental rights of only one parent.

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Key Quotes

“When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e)”

Establishes the legal framework for addressing termination of both parents' rights when one reversal occurs on appeal.

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Facts & Procedural History

The trial court terminated the parental rights of both A.M.B. (Mother) and C.J.M. (Father) to their minor child, N.R.B. The Mother's termination was b…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

A.M.B., the Mother, and C.J.M., the Father, appeal the termination of their parental rights to the minor child, N.R.B. The Department concedes that the evidence was insufficient to support a termination of the Father’s parental rights. Accordingly, we reverse the termination order as to the Father.

With respect to the Mother, as a result of the reversal of termination of the Father’s parental rights, and because the Department did not establish grounds for single parent termination, we must reverse the termination order as to the Mother as well.

“Unique problems arise when both parents’ parental rights are terminated in a single proceeding and the appellate court subsequently determines that the termination of one parent’s rights was improper.” In the Interest of R.R., a child, I.R. v. Dep’t of Children & Family Servs., 18 So.3d 26, 27 (Fla. 2d DCA 2009). When terminating one parent’s rights without terminating the rights of the other parent, section 39.811(6), Florida Statutes (2016), requires consideration of additional factors by the trial court. When reversing a judg*1239ment as to one parent, such reversal “suddenly subjects the termination of the second parent’s rights to special requirements that were not material at the time the trial court made its ruling.” I.R., 18 So.3d at 27.

When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent’s parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. In this situation, the appellate court will normally be constrained to reverse the parent’s judgment because the judgment and record will not contain findings of fact required by section 39.811(6) (a)-(d) sufficient to affirm the judgment as a matter of law.

J.T. v. Dep’t of Children & Family Servs., 908 So.2d 568, 573 (Fla. 2d DCA 2005) (footnote omitted; emphasis added).

Here, the order terminating the Mother’s parental rights reflects that the termination was primarily based on section 39.806(l)(e), Florida Statutes, due to the failure to complete her case plan. The Department did not put on evidence to establish any other grounds for termination under section 39.811(6)(a)-(d). Accordingly, in light of our reversal of the order terminating the Father’s parental rights, we are constrained to also reverse the termination order as to the Mother and remand for further proceedings.

REVERSED and REMANDED for further proceedings.

WINOKUR, JAY, and M.K. THOMAS, JJ., CONCUR.


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