J.S. Father OF L.B., A.B. and J.S., Children v. DEPARTMENT OF CHILDREN AND FAMILIES
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA J.S., Father of L.B., A.B. and J.S., Children, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D06-0224 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. _____________________________/ B.C., Mother of L.B., A.B. and J.S., Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. _____________________________/ CASE NO. 1D06-0226 Opinion filed July 18, 2006. Appeals from the Circuit Court for Duval County. Waddell A. Wallace, Judge. Carole A. Vogel of Carole A. Vogel P.A., Jacksonville, for Appellant. (1D06-0224). Patricia L. Parker of Parker & DuFresne, P.A., Jacksonville, for Appellant. (1D06-0226). W. Dekle Day, Assistant General Counsel, Florida Department of Children and Families, Jacksonville, for Appellee. (1D06-0224 & 1D06-0226). PER CURIAM. J.S., A.B., and L.B. are half-siblings who have the same mother and different fathers. The trial court terminated the parental rights of each parent, concluding the parents abandoned and neglected the children. The mother and J.S. s father appeal, arguing the termination order is not supported by competent, substantial evidence. We agree and reverse. Our review of the record reveals no competent, substantial evidence to support the statutory elements of abandonment or neglect for either parent; or, that the children s life, safety, or health would be threatened by continued interaction with the mother. See ยงยง 39.01(1), 39.01(45), 39.806(1)(c), and 39.806(1)(e), Fla. Stat. (2005). The record also lacks competent, substantial evidence that the Department of Children 2 and Families made any effort to provide necessary services as required under sections 39.01(45) and 39.806(1)(c). Because the order terminating parental rights is not supported by the competent, substantial evidence necessary to support the statutory elements of the grounds upon which the termination was based, the order is REVERSED. KAHN, C.J., WEBSTER, and HAWKES, JJ., CONCUR. 3
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