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IN RE N.R.-G.

No. 2D11-3961.

86 So.3d 574 (2012)

In the Interest of N.R.-G., a child. E.R.-J., Appellant, v. Department of Children and Family Services and Guardian Ad Litem Program, Appellees.

District Court of Appeal of Florida, Second District.

April 27, 2012.

Attorney(s) appearing for the Case

Toni A. Butler of Alderuccio & Butler, LLC, Naples, for Appellant.

Jeffrey Dana Gillen , West Palm Beach, for Appellee Department of Children and Family Services.

Jennifer S. Paullin , Tavares, for Appellee Guardian ad Litem Program.

SILBERMAN, Chief Judge.

E.R.-J. seeks review of the order terminating his parental rights to his five-year-old daughter, N.R.-G., based on his failure to substantially comply with his case plan. We reverse because the Department of Children and Family Services failed to establish by clear and convincing evidence that the case plan noncompliance was substantial and not beyond his control.

In March 2007, eight-month-old N.R.-G. and her four-year-old brother...

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