C.B. v. DCF
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010 C.B., MOTHER OF N.F., A.F., AND E.F., CHILDREN, Appellant, v. Case Nos. 5D09-2485; 5D09-2486; 5D09-2487 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. ________________________________/ Opinion filed April 20, 2010 Appeal from the Circuit Court for Osceola County, Margaret Waller, Judge. Nickole E. Frederick, Orlando, for Appellant. Ward L. Metzger, of Department of Children and Families, Jacksonville, for Appellee. PER CURIAM. C.B., the mother, appeals the order terminating her parental rights to her children. We affirm in all respects, save one. As the Department of Children and Families (DCF) concedes, the trial court erred by terminating the mother s parental rights as to N.F. based on multiple out-of-home care placements, as set forth in section 39.806(1)(l), Florida Statutes (2008). This ground was not pled as a basis for termination in the petition and DCF failed to seek amendment of the petition to include this statutory ground as to N.F. See R.S. v. Dep't of Children & Families, 872 So. 2d 412, 413 (Fla. 4th DCA 2004). Despite this error, the court properly terminated the mother s parental rights as to all five children as other grounds supporting termination were adequately established. See J.C. v. Dep t of Children & Families, 959 So. 2d 431 (Fla. 4th DCA 2007) (holding that despite error in termination order, which incorrectly included abandonment as basis for termination, termination order would still stand where DCF established two other grounds supporting termination). On remand, the trial court shall strike this finding. termination order is affirmed. AFFIRMED AS MODIFIED. MONACO, C.J., ORFINGER and JACOBUS, JJ., concur. 2 In all other respects, the
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
