S.T. v. Department of Children and Families and Statewide Guardian ad Litem Office

S.T. · District Court of Appeal of Florida, Second District · April 8, 2026 · No. No. 2D2025-2006

Summary

The Florida Second District Court of Appeal reversed the termination of S.T.'s parental rights under section 39.806(1)(f), holding that the Department failed to present competent, substantial evidence of egregious conduct. The court concluded that inadmissible hearsay and speculation could not establish that S.T. continued exposing the children to the abuser, and that the evidence did not show her failure to obtain an X-ray constituted egregious conduct. The case was remanded for the children to remain dependent and for the Department to offer S.T. a reunification case plan.

Holdings

  1. The Department failed to prove by clear and convincing evidence that the mother continued to expose the children to the boyfriend after the abuse or otherwise engaged in egregious conduct under section 39.806(1)(f).
  2. Inadmissible hearsay cannot satisfy the Department's burden to prove the statutory grounds for termination by clear and convincing evidence.
  3. On this record, the mother's departure from the hospital before the recommended X-ray did not constitute egregious conduct supporting termination of parental rights.
  4. The portion of the final judgment terminating the mother's parental rights must be reversed, and the case must be remanded with instructions that the children remain dependent and that the Department offer the mother a reunification case plan.

Questions Presented

  1. Whether competent, substantial evidence supported the finding that the mother engaged in egregious conduct or knowingly failed to prevent egregious conduct under section 39.806(1)(f), Florida Statutes.
  2. Whether inadmissible hearsay could satisfy the Department's burden to prove the statutory grounds for termination by clear and convincing evidence.
  3. Whether the mother's leaving the hospital before C.L. received a recommended X-ray, without expert evidence establishing that C.L.'s injuries were life-threatening or that a reasonable layperson would have recognized the need for immediate additional treatment, constituted egregious conduct.
  4. Whether the portion of the final judgment terminating the mother's parental rights should be reversed and the matter remanded for reunification proceedings.

Disposition

reversed_and_remanded

Cases Cited (24)

  • R.C. v. Dep't of Child. & Fam. Servs., 33 So. 3d 710, 714 (Fla. 2d DCA 2010)(followed)
  • E.E.A. v. Dep't of Child. & Fam. Servs., 846 So. 2d 1250, 1251-52 (Fla. 2d DCA 2003)(followed)
  • M.B. v. Dep't of Child. & Fams., 326 So. 3d 72, 74 (Fla. 4th DCA 2021)(followed)
  • G.W.B. v. J.S.W., 658 So. 2d 961, 967 (Fla. 1995)(followed)
  • In re Davey, 645 So. 2d 398, 404 (Fla. 1994)(followed)
  • T.V. v. Dep't of Child. & Fam. Servs., 905 So. 2d 945, 946 (Fla. 3d DCA 2005)(followed)
  • K.R. v. Dep't of Child. & Fam. Servs., 843 So. 2d 366, 368 (Fla. 2d DCA 2003)(followed)
  • P.S. v. Dep't of Child. & Fam. Servs., 863 So. 2d 392, 394 (Fla. 3d DCA 2003)(followed)
  • T.L. v. Dep't of Child. & Fam. Servs., 990 So. 2d 1267, 1271 (Fla. 2d DCA 2008)(followed)
  • K.A. v. Dep't of Child. & Fam. Servs., 880 So. 2d 705, 708 (Fla. 2d DCA 2004)(followed)

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