Permanent Guardianship Reversal #2

Permanent guardianships are hard. You have to give people notice, make all these findings, and order visitation and stuff. So annoying, right? This is the second permanent guardianship reversal out of the Fifth DCA this year. I guess they’re winning.

Although the trial court’s decision is supported by competent, substantial evidence, the final order itself does not contain or reference the detailed findings required by section 39.6221(2)(a), Florida Statutes (2012). …

Although the Department highlights that the trial court ordered four hours per week of visitation at the hearing on the matter, the same is not reflected in the permanent guardianship order. Rather, the final order simply states that visitation shall be solely at the discretion of the guardian, which is insufficient under section 39.6221(2)(c), as explained in In re J.L.R., Jr.

C.C. v. DCF, — So.3d —-, 2013 WL 756346 (Fla. 5th DCA 2013).


Comments

2 responses to “Permanent Guardianship Reversal #2”

  1. […] is the fifth permanent guardianship reversal this year (see numbers 1, 2,  3 & 4). This time due to lack of specific findings regarding the parent’s compliance […]

  2. […] and J.C. and GALP v. DCF, — So.3d —- (Fla. 2nd DCA) are Number Six. (see numbers 1, 2,  3 & 4, and […]

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