H.C. 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 H.C., MOTHER OF C.C. AND R.C., CHILDREN, Appellant, v. Case No. 5D14-1225 DEPARTMENT OF CHILDREN AND FAMILIES, ET AL., Appellee. ________________________________/ Opinion filed August 4, 2014 Final Appeal from the Circuit Court for Sumter County, Michelle T. Morley, Judge. Mark A. Skipper, Office of Criminal Conflict and Civil Regional Counsel, Orlando and Jeffrey Deen, Regional Counsel Office of Criminal Conflict and Civil Regional Counsel, Casselberry, for Appellant. Christopher S. Mulligan, Brooksville, for Appellee C.C. Wendie Michelle Cooper, Guardian ad Litem Program, Sanford. Deborah Anne Schroth, of Dept. of Children & Families, Jacksonville, for Appellee. PALMER, J. H.C. (mother) appeals the final order entered by the trial court denying her motion to re-open her children's dependency case in order to modify the trial court's previously entered order placing children in permanent guardianship with their paternal grandparents.1 We affirm the trial court's order because, contrary to the mother's claim otherwise, it is the parent's burden of proving that the safety, well-being, and physical, mental, and emotional health of the child(ren) would not be endangered by reunification; the Department of Children and Families has no burden of proof in reunification proceedings. AFFIRMED. TORPY, C.J. and LAMBERT, J., concur. 1 Jurisdiction is proper pursuant to rule 9.030(b)(1) of the Florida Rules of Appellate Procedure. See also J.M. v. Dep't of Children & Families, 969 So. 2d 491, 492 (Fla. 5th DCA 2007). 2

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