Egregious Failure to Believe

K.G. argues that there is insufficient evidence of egregious conduct. She claims that the father never showed frustration or anger toward the child. K.G. also points to the conflicting medical testimony about the cause of the injuries. Instead of termination, K.G. wants a case plan with a goal of reunification. For the well-being of this child, we cannot agree with K.G.

K.G. refused to acknowledge that the child suffered injuries from which she likely will never fully recover. Faced with Dr. Brooks’ and Dr. Alexander’s opinions, the apparent frustration displayed that night by the father over the child’s fussiness, and her own doubts, K.G. has refused to recognize the father’s conduct. K.G. made clear that she will continue her relationship with the father and will remarry him. K.G. has placed her self-interest above the well-being of the child. The trial court had ample evidence to conclude that K.G. will not protect the child from the person who caused the severe injuries. The evidence of egregious conduct was clear and convincing.

In re S.V.B., — So. 3d —-, 2012 WL 1366724 (Fla. 2nd DCA 2012).

Judge Davis, in dissent, believes that the mother’s inability to believe cannot be considered egregious in light of the fact that she wasn’t on notice of possible injuries and there was conflicting medical testimony about the possible sources of the injuries. “K.G. is faced with a horrible dilemma: should she believe the father of her child in his protestations of innocence or should she accept the doctor’s findings that the child has been abused when she knows the father to be the only one with the opportunity to inflict such abuse.” Judge Davis would give a case plan.


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