Legal Opinion · Dissent

R.C. v. Department of Children & Family Services

District Court of Appeal of Florida

Decided March 24, 2010No. Nos. 2D08-3544, 2D08-3671Published

1DissentWallace, Judge

The result reached by the majority, which will permit E.C. to be adopted by her current foster parents, is an attractive one. However, the analysis in the majority opinion minimizes the multiple ways in which the Department’s case against both the Father and the Mother fails to meet some of the most basic requirements for the termination of parental rights. Measuring the record in this case against these requirements compels me to dissent.

*716I. INTRODUCTION

The Department failed to prove its case for the termination of either the Father’s or the Mother’s parental rights to E.C. based on case plan…

2Cases cited14 opinions

  1. Padgett v. Dept. of Health & Rehab. ServicesSupreme Court of Florida · 1991
  2. Sanford v. RubinSupreme Court of Florida · 1970
  3. J.T. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2002
  4. E.R. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2006
  5. G.W.B. v. J.S.W.Supreme Court of Florida · 1995

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