T.F., FATHER OF A.F. and T.F., Jr. v. DEPT. OF CHILDREN AND FAMILIES

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA T.F., FATHER OF A.F. AND T.F., Jr., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D06-4248 DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. _____________________________/ Opinion filed July 26, 2007. An appeal from the Circuit Court for Leon County. John E. Crusoe, Judge. Michael Ufferman, Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Michael Lee, Department of Children and Families, Tallahassee, for Appellee. PER CURIAM. Appellant, Father, appeals the termination of his parental rights pursuant to section 39.806(1)(c), Florida Statutes (2005), arguing the Department of Children and Families failed to prove that his continued involvement would harm his children irrespective of the provision of services and failed to provide him any services. We agree. The record is devoid of any evidence that his continued involvement would harm his children despite the provision of services, or that the Department provided him services. See N.L. v. Dep t of Children & Family Servs., 843 So. 2d 996, 1002 (Fla. 1st DCA 2003) (reversing termination of parental rights pursuant to section 39.806(1)(c), because the record was devoid of evidence that services were offered or provided, or that it would have been futile to provide services); W.R. v. Dep t of Children & Families, 928 So.2d 414, 418 (Fla. 1st DCA 2006) (reversing termination of parental rights pursuant to section 39.806(1)(c), because the record was devoid of evidence that the parent s continued involvement in the parent-child relationship would threaten or harm the child). REVERSED and REMANDED. KAHN, LEWIS, and HAWKES, JJ., CONCUR. 2

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