M.S., the Mother v. Department of Children and Families
CourtDistrict Court of Appeal of Florida
Date FiledJuly 23, 2026
Docket3D2026-0459
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 23, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-0459
Lower Tribunal No. D25-15003-TP
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M.S., the Mother,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos
Guzman, Judge.
Kevin C. Colbert, Assistant Regional Counsel, for appellant.
Karla Perkins, for appellee Department of Children and Families; Sara
E. Goldfarb and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem.
Before LOGUE, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. See Fla. Stat. 39.806(1)(f)2. (“As used in this subsection, the
term ‘egregious conduct’ means abuse, abandonment, neglect, or any other
conduct that is deplorable, flagrant, or outrageous by a normal standard of
conduct. Egregious conduct may include an act or omission that occurred
only once but was of such intensity, magnitude, or severity as to endanger
the life of the child.”); In re S.V.B., 93 So. 3d 340, 342 (Fla. 2d DCA 2012)
(“[Egregious conduct] may include an act or omission that occurred only once
but was so severe that it endangered the child's life.”); In re D.A.D. II, 903
So. 2d 1034, 1039 (Fla. 2d DCA 2005) (finding that a parent’s conduct,
including neglect, “in isolation may not rise to the level of egregious conduct”
but that when “taken as a whole” the conduct can be considered egregious);
M.C. v. Dep't of Children & Family Services, 814 So. 2d 449, 452 (Fla. 4th
DCA 2001) (finding that egregious conduct is established by “a pattern of…
ongoing neglect” and that the mother had the “capacity to prevent the
egregious conduct… and knowingly failed to do so”); Interest of C.E., 263
So. 3d 202, 213 (Fla. 2d DCA 2019) (“However, in cases involving egregious
conduct by a parent, ‘the termination of parental rights without the use of
plans or agreements is the least restrictive means.’” (quoting In Interest of
T.M., 641 So. 2d 410, 413 (Fla. 1994)); Dep't of Children & Families v. S.S.L.,
352 So. 3d 521, 526 (Fla. 5th DCA 2022) (finding that a trial court’s manifest
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best interest finding will not be overturned where the child “had been stably
placed with [other family members]—who were willing to adopt him and with
whom he had a strong bond—for over a year”); P.R. v. Dep't of Children &
Families, 337 So. 3d 456, 463 (Fla. 1st DCA 2022) (“The court's decision
rested on the parents’ egregious abuse of the infant, their efforts to cover up
what happened, their inability to provide for and protect her, the [other family
members’] ability to provide for and bond with the infant since she was placed
with them, their desire and capacity to adopt her… and the recommendations
of DCF and the GAL.”).
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