Department of Children & Families v. K.D.

Following a hearing on the Department’s petition to terminate parental rights, the court denied the petition finding that although the mother was in substantial noncompliance with the plan, such noncompliance was caused by her lack of financial resources. The Department appeals claiming that the court failed to comply with the requirements of section 39.809(5), Florida Statutes, which requires that “the judge shall enter a written order with the findings of fact and conclusions of law.”

In its very brief order, the court, in addition to finding the mother’s noncompliance was caused by her…