S.R., Mother of E.C. and S.R., Minor Children v. Department of Children and Families
CourtDistrict Court of Appeal of Florida
Date FiledJuly 6, 2021
Docket1D21-0504
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-504
_____________________________
S.R., mother of E.C. and S.R.,
minor children,
Appellant,
v.
DEPARTMENT OF CHILDREN AND
FAMILIES,
Appellee.
_____________________________
On appeal from the Circuit Court for Walton County.
Jeffrey E. Lewis, Judge.
July 6, 2021
PER CURIAM.
The mother of minor children E.C. and S.R. appeals the final
judgment terminating her parental rights under section
39.806(1)(e)1., Florida Statutes (2020), for failing to substantially
comply with her case plan. Despite her slow start, the testimony
at trial showed that the mother has made recent progress. Even
so, competent, substantial evidence supports the trial court’s
determination that a statutory ground for termination of parental
rights exists, that termination is in the children’s manifest best
interests, and that termination is the least restrictive means of
protecting the children from harm. See J.B. v. C.S., 186 So. 3d
1142, 1143 (Fla. 1st DCA 2016) (affirming termination despite
evidence of the parent’s “marked improvement”); N.L. v. Dep’t of
Children & Families, 843 So. 2d, 996, 1000 (Fla. 1st DCA 2003)
(“Where the trial court’s findings that the evidence is clear and
convincing are supported by competent substantial evidence, and
the appellate court cannot say that no one could reasonably find
such evidence to be clear and convincing, the finding will not be set
aside on appellate review.”).
AFFIRMED.
KELSEY, NORDBY, and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Melissa Joy Ford, Assistant Regional Conflict Counsel,
Tallahassee, and Candice Kaye Brower, Office of Regional Conflict,
Gainesville, for Appellant.
Sarah J. Rumph, Children’s Legal Services, Tallahassee, for
Appellee Department of Children and Families; Thomasina F.
Moore, Statewide Director of Appeals, Sara Goldfarb, Senior
Attorney, and Rebecca Lynn Bartlett, Senior Attorney, Statewide
Guardian ad Litem Office, Tallahassee, for Appellee Guardian ad
Litem.
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