Legal Opinion
T.H. v. Department of Children & Family Services
District Court of Appeal of Florida
Decided April 4, 2008No. 2D07-2869PublishedCited by 22 opinions
1Opinion of the Court
VILLANTI, Judge.
T.H., the Father, appeals from the trial court’s order terminating his parental rights to his son, T.D.H. We reverse.
To justify termination of parental rights, the Department has the burden to show “by clear and convincing evidence that reunification with the parent poses a substantial risk of significant harm to the child,” such as abuse, neglect, or abandonment. Padgett v. Dep’t of Health & Rehabilitative Servs., 577 So.2d 565, 571 (Fla.1991). The supreme court has defined “clear and convincing evidence” as
an “intermediate level of proof [that] entails both a qualitative and…
2Cases cited19 opinions
- Padgett v. Dept. of Health & Rehab. ServicesSupreme Court of Florida · 1991
- In Interest of DBSupreme Court of Florida · 1980
- Inquiry Concerning DaveySupreme Court of Florida · 1994
- Florida Dept. of Children and Fam. v. FlSupreme Court of Florida · 2004
- Jb v. Fla. Dept. of Children and Fam. ServicesSupreme Court of Florida · 2000
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- R.F. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2009
- J.C. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2009
- W.L. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2009
- G.M. v. Depart of Children & Family ServicesDistrict Court of Appeal of Florida · 2011
- M.D. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2009
17 more not listed; retrieve them via the Exa API.