C.B. v. DCF

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED C.B., FATHER OF J.B., A CHILD, Appellant, v. Case No. 5D14-2578 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. ________________________________/ Opinion filed October 16, 2014 Appeal from the Circuit Court for Volusia County, Thomas G. Portuallo, Judge. Jeffrey Deen, Appellate Counsel, and Ryan Thomas Truskoski, Special Assistant Regional Counsel, of Office of the Criminal and Civil Regional Counsel, Casselberry, for Appellant. Ward L. Metzger, of Department of Children and Families, Jacksonville, for Appellee. Wendie Michelle Cooper, of Guardian ad Litem Program, Sanford, for Guardian ad Litem. PER CURIAM. C.B., the father of the dependent child J.B., appeals a portion of the trial court s disposition order, which requires him to engage in anger management counseling as part of his case plan. The Department of Children and Families correctly concedes error because the evidence was insufficient to demonstrate that the father needs to participate in anger management counseling. See Fla. R. Juv. P. 8.410(b)(4) ( The case plan is meaningful and designed to address the facts, circumstances, and problems on which the court based its order of dependency for the child. ). Accordingly, we affirm the trial court's disposition order, but strike the anger management counseling requirement from the father s case plan. We remand for entry of an amended order/modification of the order. AFFIRMED in part; REVERSED in part; and REMANDED with directions. ORFINGER, LAWSON and EVANDER, JJ., concur. 2

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