Department of Children and Families v. B.H., the Father
DCF appealed an order granting the parents' motions for judgment of dismissal at the close of DCF's case in a termination-of-parental-rights trial, while the court simultaneously adjudicated the children dependent. The Third DCA reversed, holding that a Rule 8.525(h) motion for judgment of dismissal is akin to a directed verdict, so the evidence must be viewed in the light most favorable to the Department, and dismissal can be affirmed only where no proper view of the evidence could sustain termination. On that standard, DCF made a prima facie case of termination under sections 39.806(1)(l) (three or more out-of-home placements), 39.806(1)(c) (prospective neglect), and 39.806(1)(b) (abandonment).
Key facts
- The Department of Children and Families appealed a trial court order granting parents' motions to dismiss at the close of DCF's case in a termination-of-parental-rights trial, while the court simultaneously adjudicated the children dependent.
- The children had been removed from the parents' home multiple times due to the father's intoxication, violence, physical harm to the children, and cohabitation with violent or drug-using individuals; the father had no contact with the children, failed to maintain a relationship, and made no contributions to their care.
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Why it matters
The opinion is a clean statement of the standard of review that applies when a trial court dismisses a TPR petition at the close of the petitioner's case — the deferential competent-substantial-evidence standard does… — full analysis with a trial
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