J.S. v. Dep't of Children & Families

Full title: J.S., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and…

Court: Florida Court of Appeals, Fourth District

Date published: Dec 1, 2021

No. 4D21-1923 (Fla. Dist. Ct. App. Dec. 1, 2021)

Opinion

4D21-1923

12-01-2021

J.S., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and GUARDIAN AD LITEM, Appellees.

Thomas J. Butler of Thomas Butler, P.A., Miami Beach, for appellant. Andrew Feigenbaum, Appellate Counsel, Children's Legal Services, West Palm Beach, and Logan Bartholomew, Certified Legal Intern, Florida A&M University College of Law, Orlando, for appellee Department of Children and Families. Thomasina F. Moore, Statewide Director of Appeals, and Sarah Todd Weitz, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for appellee Guardian ad Litem o/b/o J.N., J.S. &J.S.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Luis Delgado, Judge; L.T. Case No. 50-2020-DP-000607.

Thomas J. Butler of Thomas Butler, P.A., Miami Beach, for appellant.

Andrew Feigenbaum, Appellate Counsel, Children's Legal Services, West Palm Beach, and Logan Bartholomew, Certified Legal Intern, Florida A&M University College of Law, Orlando, for appellee Department of Children and Families.

Thomasina F. Moore, Statewide Director of Appeals, and Sarah Todd Weitz, Senior Attorney, Statewide Guardian ad Litem Office, Tallahassee, for appellee Guardian ad Litem o/b/o J.N., J.S. &J.S.

PER CURIAM.

Affirmed.

GERBER and LEVINE, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, J., dissenting.

The trial court terminated the father's rights to his sons, finding that DCF had established grounds for termination under section 39.806(1)(f) and (g), Florida Statutes (2020). I would hold that termination pursuant to section 39.806(1)(g) was not supported by the evidence. See A.J. v. Dep't of Child. & Fams., 97 So.3d 985 (Fla. 4th DCA 2012). I would also hold that section 39.806(1)(f) is unconstitutional because it requires no proof of a nexus between the egregious conduct towards one child and the potential harm to the child's siblings in order to terminate the parental rights to the child's siblings. See V.S. v. Dep't of Child. &Fams., 322 So.3d 1153 (Fla. 4th DCA 2021) (Warner, J., dissenting).