K.R.L. v. Department of Children & Family Services
K.R.L. v. Department of Children & Family Services
Opinion of the Court
The mother, K.R.L., appeals from the trial court’s final judgment terminating her parental rights as to her child, A.M.L. We reverse the order terminating the mother’s parental rights as there is not clear and convincing evidence in the record to support the termination under section 39.806(l)(f) or (g), Florida Statutes (2010).
The child, A.M.L., came into child protective services of the Department of Children and Family Services [“DCF”] at two months of age. The mother had brought the infant to the emergency room on the advice of her child’s pediatrician, after the child fell and hit his head. Further examination of the baby revealed eighteen unexplained rib, leg and arm fractures in various stages of healing, in addition to a skull fracture. The mother denied any knowledge of the injuries except for the skull fracture, which she explained was accidental. DCF was notified and initiated an investigation. DCF subsequently sought termination of both parents’ rights
The State’s expert witness physician, Dr. Biehler, consultant for the University of Miami Child Protection Team, reviewed the child’s medical records and testified that the rib, leg and arm fractures were
After a thorough examination of the record, we find that record is devoid of the clear and convincing evidence necessary under statute to terminate the mother’s parental rights. See R.P. v. Dep’t of Children & Family Servs., 975 So.2d 435, 436 (Fla. 2d DCA 2007) (holding that a trial court’s determination that clear and convincing evidence supports the termination of parental rights will not be overturned, unless found to be clearly erroneous or lacking in evidentiary support); T.V. v. Dep’t of Children & Family Servs., 905 So.2d 945, 946 (Fla. 3d DCA 2005) (holding that the standard of review where a trial court terminates parental rights on the basis of egregious conduct is whether the order is supported by competent substantial evidence); F.R. v. Dep’t of Children & Family Servs., 826 So.2d 449, 450 (Fla. 5th DCA 2002); M.R. v. Dep’t of Children & Family Servs., 783 So.2d 277, 278 (Fla. 3d DCA 2001).
In order to grant a petition for termination of parental rights, a trial court must find by clear and convincing evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the child. See § 39.802(4)(a), (c), Fla. Stat. (2010); Padgett v. Dep’t of Health & Rehabilitative Servs., 577 So.2d 565, 571 (Fla. 1991) (holding that, before a parent’s rights can be terminated, the Department must show by clear and convincing evidence that reunification with the parent poses a substantial risk of significant harm to the child). Further, because parental rights constitute a fundamental liberty interest, DCF must establish that termination of parental rights is the least restrictive means of protecting the child or children from serious harm. Id. at 571; see also J.C. v. Dept. of Children and Family Servs., 937 So.2d 184, 193 (Fla. 3d DCA 2006) (holding that natural parents have a fundamental liberty interest in the care, custody, and management of their children); L.D. v. Dept. of Children and Family Servs., 957 So.2d 1203 (Fla. 3d DCA 2007).
All parties, including the mother, accepted the court’s determination that the injuries to the infant constituted egregious abuse under section 39.806(l)(f). A finding of “egregious” abuse allows the court to terminate a parent’s rights without any further proceedings, and provides for termination of a parent who does not inflict the injuries but had the opportunity to prevent the injury and knowingly failed to prevent egregious conduct toward the child. § 39.803(2), Fla. Stat. (2010). Arguing that proposition, the trial court agreed
Furthermore, the trial court did not distinguish between the mother and the father when making its required statutory findings, whereas the record certainly provides a basis to distinguish between the father’s behavior versus the mother’s conduct towards the child. The record does not provide any support for the trial court’s generalized conclusions that the mother knew that the father had abused the child, knew that the child had fractured bones or the extent of the child’s injuries, and knowing these things failed to protect the child from harm.
Given the lack of clear and convincing evidence of the mother’s knowledge of and/or acquiescence to the abuse, we are troubled that DCF never revisited or revised its strategy as to the mother and child to consider a plan of reunification and provision of services once the abusive father was no longer a threat to the child. The record indicates that, not only did the mother eject the father from the home and moved to avoid further contact with him, the father fled the country during the initial proceedings, is subject to arrest upon re-entry to the United States, and is permanently out of the mother’s and child’s life. This changes the entire landscape of the child’s “manifest best interest” considerations with regard to the remaining parent. In fact, expert witnesses testified that if they knew that the person who harmed the child no longer had access to the child, this knowledge would mean that the child was no longer in danger.
Contrary to the trial court’s order, there is no record evidence to support a finding that the child would be in danger while in the mother’s exclusive care and there is no record evidence that the mother could not provide for the child’s mental or physical well-being. To the contrary, we find affirmative record evidence that the mother is amenable to services,
Finding that DCF failed to show by clear and convincing evidence that the mother caused any of the child’s injuries, or knew of the abuse and failed to protect the child from such, we reverse and remand with instructions to dismiss the order terminating the mother’s parental rights, and remand for further proceedings.
Reversed and remanded.
. The Father’s parental rights were also terminated. He has not appealed and that termination order stands.
. The mother's boyfriend, who is the child's father, lived with the mother until she ended the relationship and ejected him from the home after the start of termination proceedings. The record indicates that the father has since fled the country and is subject to arrest upon re-entering the United States.
. Those sections provides that termination of parental rights is appropriate when:
(f) The parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child's sibling.
1. As used in this subsection, the term "sibling” means another child who resides with or is cared for by the parent or parents regardless of whether the child is related legally or by consanguinity.
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.
(g) The parent or parents have subjected the child or another child to aggravated child abuse as defined in s.827.03, sexual battery or sexual abuse as defined in s.39.01, or chronic abuse.
. Neither did the court find that the mother engaged in any conduct that was "deplorable, flagrant, or outrageous by a normal standard of conduct” as required by § 39.806(l)(f) to sustain termination under an "egregious” conduct standard.
. The expert witness physician, Dr. Biehler, testified that if the perpetrator was no longer present, he would think that the child was no longer in danger. The Guardian ad Litem [GAL] testified that if he knew that the person who caused the injuries was removed from the child’s environment, he would have to
. The mother’s psychologist, Dr. Archer, testified that the mother was not a threat to her child and could benefit from parenting services.
. Moreover, the Guardian ad Litem who testified that termination was proper had met the mother only once and had never observed her interact with her child, and so was unable to testify as to any bond that might exist between them. The trial court acknowledged that the mother, through no fault of her own, has been prevented from seeing her child since he was placed in pre-adoptive foster care, but this is not evidence from which the trial court may conclude that there is no love, affection, or emotional bond between the mother and her child.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.