L.M. v. Department of Children & Families
L.M. v. Department of Children & Families
Opinion of the Court
L.M. (mother) appeals from an order accepting case plan, denying her motion for reunification, placing the minor child with his father, and terminating jurisdiction. Because the trial court’s order is internally inconsistent, we reverse and remand for further proceedings.
Prior to the commencement of the underlying case, the mother and father were living apart with the child residing primarily with the mother. In August 2008, the Department of Children and Families (DCF) filed a shelter petition, alleging that the child was at risk for prospective abuse because, inter alia, the mother abused alcohol, regularly used illegal drugs, and had permitted a registered sexual predator to reside in her home while the child was present. Additionally, it was alleged that the child had witnessed acts of domestic violence committed against the mother by her paramour. There were no allegations of abuse or prospective abuse against the father.
The mother then filed a motion for rehearing. In her motion, the mother argued that because the case plan goal was reunification and because she had substantially complied with the case plan, the trial court was obligated to grant her motion for reunification. In response, DCF filed a motion to terminate jurisdiction
The trial court determined that placement of the minor child with the father would be in the child’s best interest and would not endanger the child’s safety or well-being. Accordingly, pursuant to section 39.521(3)(b)l., the trial court was authorized to award the father sole custodial responsibilities for the child and terminate jurisdiction.
(3)(b). If there is a parent with whom the child was not residing at the time the events or conditions arose that brought the child within the jurisdiction of the court who desires to assume custody of the child, the court shall place the child with that parent upon completion of a home study, unless the court finds that such placement would endanger the safety, well-being, or physical, mental or emotional health of the child. Any party with knowledge of the facts may present to the court evidence regarding whether the placement will endanger the safety, well-being, or physical, mental, or emotional health of the child. If the court places the child with such parent, it may do either of the following:
1. Order that the parent assume sole custodial responsibilities for the child. The court may also provide for reasonable visitation by the non-custodial parent. The court may then terminate its jurisdiction over the child.
However, this action by the trial court was inconsistent with its simultaneous decision to accept a case plan which provided for reunification with the mother as its permanency goal.
REVERSED and REMANDED.
. DCF's motion was titled "Motion to Terminate Supervision and Close Case.” However, the motion actually requested termination of jurisdiction over the minor child.
. We recognize that the case plan also listed as a goal "Maintain and Strengthen Placement with the Father to eliminate risk.” However, inclusion of this provision does not
Case-law data current through December 31, 2025. Source: CourtListener bulk data.