Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
T.L., the mother, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, and Guardian Ad Litem, Appellees.
We affirm the final judgment of termination. Although the appellee offers insubstantial support for the court's conclusion that section 39.806(1)(j), Florida Statutes (2019) was a ground for termination, there is competent substantial evidence to support the court's findings that the mother's rights should be terminated based upon sections 39.806(1)(c) and 39.806(1)(e). Therefore, because at least one ground is supported, this court may affirm. J.E. v. Dep't of Children & Families, 126 So. 3d 424, 427-28 (Fla. 4th DCA 2013). The record shows that the child, at three months old, was removed from his mother due to her substance abuse and domestic violence. For nearly four years the mother had a case plan and tasks which she would nearly complete only to regress on substance abuse and continued episodes of domestic violence in abusive relationships. A psychologist testified that her substance abuse was so ingrained from an early age that it was unlikely she could maintain sobriety. The court's findings that termination was the least restrictive means to protect the child from serious harm and that termination was in the manifest best interest of the child were also supported by competent substantial evidence.
Finally, the mother contends that full review of this matter was not possible because of a missing portion of the transcript. Approximately twenty minutes of one witness's testimony is missing. During that time, it appears that the witness testified about the amount of money the mother made.
Not all omissions of portions of the transcript require a new trial. See Terry v. State, 263 So. 3d 799, 804 (Fla. 4th DCA 2019). We conclude that the absence of this portion of the transcript has not impaired our review, nor has the mother specifically addressed how she was prejudiced by this omission.
Affirmed.
Per Curiam.
Warner, May and Klingensmith, JJ., concur.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 4D20-793
Decided: August 12, 2020
Court: District Court of Appeal of Florida, Fourth District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)