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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
E.S., Natural Mother of D.H.
NOT FINAL UNTIL TIME EXPIRES TO
and C.F., minor children,
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED.
Appellant and
Cross-Appellee,
v.
CASE NOS.: 1D03-0293 and 1D03-1098
DEPARTMENT OF CHILDREN
AND FAMILIES,
Appellee and
Cross-Appellant.
_______________________/
Opinion filed October 17, 2003.
An appeal and cross-appeal from the Circuit Court for Leon County.
Kathleen F. Dekker, Judge.
Ann Marshall-Jones of Legal Services of North Florida, Inc., Tallahassee, for
Appellant/Cross-Appellee.
Acelo I. Pedroso, Department of Children and Families, Tallahassee, for
Appellee/Cross-Appellant.
PER CURIAM.
In these consolidated cases, E.S., the natural mother of D.H. and C.F.,
challenges orders (1) adjudicating D.H. and C.F. dependent and ratifying the finding
of the general master that the mother engaged in egregious conduct, but rejecting the

general master's finding that termination of the mother's parental rights is in the best
interests of the children and instead finding that termination is not in the manifest
interests of the children, and (2) approving the report of the general master on the
disposition hearing and acceptance of a case plan. The Department of Children and
Families (DCF) cross-appeals, arguing that the trial court erred in finding that the
manifest interests of the children did not support termination. The orders on appeal
were entered after DCF sought termination of the mother's parental rights following
a period of dependency. This dependency commenced when the children were placed
in shelter care after one of the children, D.H., sustained extremely serious burns by
being placed in a bathtub of scalding water by the mother's boyfriend and, despite the
seriousness of the injuries, the mother and her boyfriend delayed seeking medical
treatment for the child. We affirm all issues raised on appeal and cross-appeal.
Specifically, we affirm the trial court's orders which adjudicated the children
dependent and accepted the general master's findings as to egregious conduct. We
also affirm the trial court's factual findings and legal conclusions as to the manifest
best interests of the children, and therefore deny the relief requested in the cross-
appeal.
We write to clarify that the mother, or another party to the proceeding, may
petition for a return of the children, who have been placed in the long-term custody of
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relatives, to the mother's custody. § 39.622(4), Fla. Stat. (2001). The re-establishment
of any custodial privileges will require proof by the mother of a material change in
circumstances, as well as proof that custody by the mother is in the children's best
interest. Id.; see also In Re J.C. and W.B.C., A.L. v. Department of Children and
Families, 805 So. 2d 1094 (Fla. 2d DCA 2002).
AFFIRMED.
BARFIELD, BENTON AND VAN NORTWICK, JJ., CONCUR.
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