D.B., Sr., the Father and K.B., the Mother v. Department of Children and Families

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2008 D.B., SR., the Father and K.B., the Mother, Appellants, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee. Nos. 4D08-1702 and 4D08-1703 [November 5, 2008] PER CURIAM. We affirm the trial court s termination of the parental rights of both the mother a n d father pursuant to section 39.806(1)(e)1., Florida Statutes, for their failure to comply with their case plans imposed when the child was removed from their care. The court received abundant evidence that both parents failed and refused to comply with their case plans, even though th e Department of Children and Families made reasonable efforts to provide services to them, which they either affirmatively rejected or failed to attend. Although each parent testified to facts which would excuse compliance with their case plans, the trial court found both parents not credible. The evidence was sufficient to support the trial court s determination that both parents rights should be terminated, that it was in the manifest best interests of the child to do so, and that termination was the least restrictive means of protecting the child. The mother and father each raise multiple other issues, all of which are without merit. WARNER, MAY and DAMOORGIAN, JJ., concur. * * * Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Peter D. Blanc, Judge; L.T. Case No. 05300237 DPJL. Gary L. Pickett, West Palm Beach, for appellant D.B., Sr. Frank A. Kreidler, Lake Worth, for appellant K.B. Anthony C. Musto, Hallandale Beach, for appellee. Not final until disposition of timely filed motion for rehearing. 2

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