Legal Opinion

S.M., the Mother v. Department of Children And Families

District Court of Appeal of Florida

Decided November 18, 2015No. 4D15-2186PublishedCited by 7 opinions

1Opinion of the CourtWarner, J.

A mother appeals a final judgment terminating her parental rights to her three children. She argues that the Department of Children and Families failed to prove that termination was the least restrictive means to protect the children from harm, because her cousin was raising the children, and permanent guardianship would be less restrictive than termination of her rights. We affirm, concluding that DCF proved, and the mother does not contest, the grounds for termination and that reunification would be harmful to the children. Because reunification was not possible, the constitutional test for…

2Cases cited9 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Padgett v. Dept. of Health & Rehab. ServicesSupreme Court of Florida · 1991
  3. Perlow v. Berg-PerlowSupreme Court of Florida · 2004
  4. Statewide Guardian Ad Litem Program v. A.A.District Court of Appeal of Florida · 2015
  5. S.S. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2004

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3Cited by7 opinions

  1. S.M., etc. v. Florida Department of Children and FamiliesSupreme Court of Florida · 2016
  2. State of Florida, Department of etc. v. B.C., the mother and C.S., the fatherDistrict Court of Appeal of Florida · 2016
  3. Guardian ad Litem Program ex rel. A.E. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2016
  4. Department of Children and Families v. L.W., the MotherDistrict Court of Appeal of Florida · 2024
  5. J.C. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2016

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