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J.S., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES (2021)

District Court of Appeal of Florida, Fourth District.2021-12-01No. No. 4D21-1923

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Opinion

Affirmed.

The trial court terminated the fathers rights to his sons, finding that DCF had established grounds for termination under section 39.806(1)(f) and (g), Florida Statutes (2020). I would hold that termination pursuant to section 39.806(1)(g) was not supported by the evidence. See A.J. v. Dept of Child. & Fams., 97 So. 3d 985 (Fla. 4th DCA 2012). I would also hold that section 39.806(1)(f) is unconstitutional because it requires no proof of a nexus between the egregious conduct towards one child and the potential harm to the childs siblings in order to terminate the parental rights to the childs siblings. See V.S. v. Dept of Child. & Fams., 322 So. 3d 1153 (Fla. 4th DCA 2021) (Warner, J., dissenting).

Per Curiam.

Gerber and Levine, JJ., concur.

Warner, J., dissents with opinion.