L.J.S. v. Florida Department of Children and Families

Summary

The Florida First District Court of Appeal reviewed an order denying a mother's motion for reunification with her children and placing them in permanent guardianship. The court reversed and remanded because the trial court failed to make the detailed factual findings required by section 39.621(10), Florida Statutes, including findings concerning case-plan compliance and the children's potential detriment from reunification.

Holdings

1. When a parent requests reunification and has substantially complied with the case plan, the children are presumed to be returned unless returning them would endanger them; a trial court denying reunification must make detailed factual findings addressing the parent's case-plan compliance, whether reunification would be detrimental, and each of the six statutory sub-factors.
2. The trial court may not rely on a deficient recommended order that fails to make the required statutory findings, particularly when the order contains a factual finding inconsistent with the magistrate's oral pronouncement.

Questions Presented

1. Whether the trial court could deny the mother's motion for reunification without making detailed factual findings regarding each statutory reunification factor.
2. Whether the trial court improperly relied on a magistrate's deficient and internally contradictory recommended order.

Disposition

reversed_and_remanded