K.S., MOTHER OF J.R., D.R. AND B.-C.A., CHILDREN
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A trial court's termination of parental rights is affirmed when the record supports findings of all necessary elements proven by clear and convincing evidence.
[1] A belated appeal of a termination of parental rights may be permitted when the delay resulted from ineffective assistance of counsel in failing to timely file the notice…
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Join FLexlaw to unlock all legal intelligence“Where a trial court has found that there is clear and convincing evidence supporting a termination of parental rights, such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support.”
Standard of review for termination of parental rights
K.S., the mother of three children, appealed a final judgment terminating her parental rights. The appeal was filed late but was permitted due to inef…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
K.S., MOTHER OF J.R., D.R. AND
B.-C.A., CHILDREN,
Appellant/Cross-Appellee,
v. Case No. 5D18-3209
DEPARTMENT OF CHILDREN AND
FAMILIES,
Appellee/Cross-Appellant.
________________________________/
Opinion filed April 23, 2019
Appeal from the Circuit Court for Osceola County, Patricia Strowbridge, Judge.
K.S., Brooksville, Appellant/Cross- Appellee, pro se.
Kelley Schaeffer, Appellate Counsel, Department of Children & Families, Children’s Legal Services, Bradenton, for Appellee/Cross-Appellant.
Thomasina F. Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Florida Statewide Guardian ad Litem Office, Tallahassee, for Guardian ad Litem.
2
PER CURIAM.
The mother, K.S., has filed a belated appeal of a final judgment of termination of parental rights. See, e.g., In re E.H., 609 So. 2d 1289, 1290–91 (Fla. 1992) (holding that mother was entitled to belated appeal due to ineffective assistance of counsel in failing to timely file notice of appeal). Because the record supports the trial court’s finding that the Department of Children and Families proved, by clear and convincing evidence, all necessary elements for termination of parental rights, we affirm. See L.F. v. Dep’t of Child. & Fams., 888 So. 2d 147, 148 (Fla. 5th DCA 2004) (“Where a trial court has found that there is clear and convincing evidence supporting a termination of parental rights, such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous and lacking evidentiary support.”).
AFFIRMED.1
EVANDER, C.J., WALLIS and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest OF E.H., 609 So. 2d 1289 (Fla. 1992)
- Timmis Dieudonne v. State, 888 So. 2d 147 (Fla. 4th DCA 2004)
- Daunte Tramond Wright v. State, 888 So. 2d 147 (Fla. 1st DCA 2004)