M.M.M. v. State of Florida Department of Children and Families
The Fourth DCA affirmed termination of a mother's parental rights, writing to resolve a dispute over section 39.806(1)(j), Florida Statutes. Rejecting the position shared by the mother and DCF, the court held that a parent's completion of one available substance-abuse treatment program during the three years preceding the TPR petition does not create a safe harbor where the record also shows refused or uncompleted treatment during that period and the parent remains presently incapable of safely parenting.
Key facts
- Mother sought to challenge termination of parental rights based on a statute addressing substance abuse, arguing that her completion of one treatment program during the relevant three-year period should prevent termination.
- The trial court terminated the mother's parental rights under section 39.806(1)(j), Florida Statutes, finding grounds based on her history of substance abuse and present incapacity to parent safely.
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Why it matters
This is the first majority appellate opinion to conduct a meaningful statutory analysis of section 39.806(1)(j), adopting the reasoning of Judge Griffin's concurrence in P.B. v. DCF. Dependency practitioners on both… — full analysis with a trial
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