E.P., Mother of S.P., a Child v. Florida Department of Children and Families

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D19-435
_____________________________
E.P., Mother of S.P., a Child,
Appellant,
v.
FLORIDA DEPARTMENT OF
CHILDREN AND FAMILIES,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
David Gooding, Judge.
June 21, 2019
PER CURIAM.
E.P. appeals the final judgment that terminated her parental
rights to S.P., raising five arguments, including challenges to each
of the three separate grounds found to justify termination. As E.P.
argues and Appellee concedes, the trial court erred in finding
grounds for termination pursuant to section 39.806(1)(l), Florida
Statutes, because children were only removed from E.P.’s care on
two occasions, whereas the statute requires removal on at least
three occasions. E.P. has not shown any further reversible error,
and the trial court properly terminated her rights under sections
39.806(1)(c) and 39.806(1)(f). Therefore, we affirm the termination
of E.P.’s parental rights under sections 39.806(1)(c) and
39.806(1)(f), but reverse the portion of the order finding grounds
for termination under section 39.806(1)(l) and remand for this
ground to be stricken from the order. See A.B. ex rel. J.B. v. Dep’t
of Children & Families, 969 So. 2d 422, 422 (Fla. 1st DCA 2007).
AFFIRMED in part, REVERSED in part, and REMANDED.
RAY, KELSEY, and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Candice K. Brower, General Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Region One, Gainesville; Robert Keep,
Jr., Assistant Regional Conflict Counsel, Office of Criminal
Conflict & Civil Regional Counsel, Jacksonville; Crystal McBee
Frusciante of Frusciante Law Firm, P.A., Sunrise, for Appellant.
Ward L. Metzger, Appellate Counsel, Department of Children and
Families, Jacksonville, for Appellee.
Thomasina F. Moore, Statewide Director of Appeals, and Sara
Goldfarb, Appellate Counsel, Florida Statewide Guardian ad
Litem Office, Tallahassee and Stephanie Marusak Marchman,
Gray Robinson, P.A., Pro Bono Counsel, Gainesville, for Guardian
ad Litem Program.
2