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D.M. v. DPT of Children and Families

District Court of Appeal of Florida, Fifth District
Apr 8, 2010
31 So. 3d 945 (Fla. Dist. Ct. App. 2010)

Opinion

No. 5D09-3608.

April 8, 2010.

Appeal from the Circuit Court for Orange County, Gail Adams, Judge.

Nickole E. Frederick, Orlando, for Appellant.

Karla Perkins, of DCF, Miami, for Appellee.


D.M. ["Mother"] appeals a final order terminating her parental rights to K.P. Mother asserts that the trial court failed to comply with section 39.803, Florida Statutes (2009), and the Department of Children and Families ["DCF"] failed to offer competent proof to support the trial court's findings. DCF offered testimony of a case worker that the mother never identified the father and that DCF had made a request to determine whether anyone had registered with the Putative Father Registry, but no response or certificate had yet been received. This may have been considered a formality under the circumstances of the case and it may turn out to be a formality, but it is a formality that must be observed. Otherwise, there is a risk of unnecessary judicial labor and delay in permanent placement of the child. Cf. In the Interest of E.D., 884 So.2d 291 (Fla. 2d DCA 2004).

REVERSED and REMANDED.

GRIFFIN, PALMER and JACOBUS, JJ., concur.


Summaries of

D.M. v. DPT of Children and Families

District Court of Appeal of Florida, Fifth District
Apr 8, 2010
31 So. 3d 945 (Fla. Dist. Ct. App. 2010)
Case details for

D.M. v. DPT of Children and Families

Case Details

Full title:D.M., Mother of K.P., A Child, Appellant, v.DPT OF CHILDREN AND FAMILIES…

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 8, 2010

Citations

31 So. 3d 945 (Fla. Dist. Ct. App. 2010)