E.L.J., FATHER OF A.J. AND B.J., EACH A MINOR CHILD
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 1st DCA | 2019-10-11
No. 19-1966
Hartz, Baldock, Bacharach
Florida District Court of Appeal, First District (2019)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The clear and convincing evidence standard adequately satisfies due process requirements in parental rights termination proceedings.


Headnotes

[1] The clear and convincing evidence standard is constitutionally adequate to satisfy due process requirements in proceedings to terminate parental rights.

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the clear and convincing evidence standard may be used to terminate parental rights as the standard 'adequately conveys to the factfinder the level of subjective certainty about [its] factual conclusions necessary to satisfy due process'”

Citation to Santosky v. Kramer, 455 U.S. 745, 769 (1982), as basis for affirming the termination decision

Facts & Procedural History

E.L.J., the father of two minor children, appealed the termination of his parental rights. The trial court applied the clear and convincing evidence s…

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

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

October 11, 2019 PER CURIAM.

AFFIRMED. See Santosky v. Kramer, 455 U.S. 745, 769 (1982) (holding that the clear and convincing evidence standard may be used to terminate parental rights as the standard “adequately conveys to the factfinder the level of subjective certainty about [its] factual conclusions necessary to satisfy due process”).

B.L. THOMAS, BILBREY, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Ryan Thomas Truskoski, Orlando, for Appellant. Ward L. Metzger, Department of Children and Families, Jacksonville, Thomasina F. Moore, Statewide Director of Appeals and Sara Elizabeth Goldfarb, Senior Attorney, Appellate Division, Guardian ad Litem Program, Tallahassee, for Appellee.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw