The 2023 Florida Statutes (including Special Session C)
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. . . Under section 39.801(3)(a), Florida Statutes (2018), parents must be notified of an advisory hearing . . . the advisory hearing constitutes consent by that parent for termination of their parental rights. § 39.801 . . .
. . . required by statute to enter a consent when a parent fails to appear for an advisory hearing, see § 39.801 . . .
. . . adjudicatory hearing, the trial court entered an implied consent to termination, pursuant to section 39.801 . . .
. . . See § 39.801(3), Fla. Stat. (2016); M.J.W. v. . . . Dep’t of Children & Families, 826 So.2d 1038, 1040 (Fla. 1st DCA 2002) (“Under, section 39.801(3)(a), . . . may personally serve G.H. with both a copy of the petition and a summons in compliance with section 39.801 . . .
. . . .that the trial court abused its discretion in entering a default consent termination under section 39.801 . . . appear at the adjudicatory hearing shall constitute consent for termination of parental rights.” § 39.801 . . . The purpose of section 39.801(3)(d) “is not to terminate parental rights on a ‘gotcha’ basis.” . . .
. . . Section 39.801(3)(d), Florida Statutes (2016), authorizes constructive or implied consent in termination . . .
. . . finally the permanency determination (section 39.621) and the termination of parental rights (section 39.801 . . .
. . . jurisdiction to hold a healing on the father’s motion to set aside his deemed consent under section 39.801 . . . father to have implicitly consented to the termination of his párental rights by default under section 39.801 . . . Section 39.801(3)(d) states that the “failure of [a] parent to personally appear at the adjudicatory . . .
. . . Department of Children and Families and Guardian ad Litem Program, concede that the requirements of section 39.801 . . .
. . . both parents contend that the court erred in entering a consent to the judgment pursuant to section 39.801 . . . Section 39.801(3)(d), Florida Statutes (2012), provides: If a parent appears for the advisory hearing . . . I would apply this reasoning to section 39.801(3)(d). . . .
. . . . §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. . . . Slowinski’s parental rights after proper notice and the other procedures required by section 39.801, . . . State Dep’t of Children & Families, 95 So.3d 378 (Fla. 3d DCA 2012) (§ 39.801(3)(a) requires that “prior . . .
. . . Accordingly, the final order is REVERSED and REMANDED for further proceedings which comply with sections 39.801 . . .
. . . Notice of the advisory hearing and substitute service of process was provided, pursuant to section 39.801 . . . This notice must contain specified language set forth in section 39.801(a)(7), and service by publication . . . Importantly, section 39.801(3)(d) provides: “If the person served with notice under this section fails . . . “It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide . . . P.E., 14 So.3d 228 (Fla.2009) (upholding the constitutionality of the default provision in section 39.801 . . .
. . . Pursuant to section 39.801(3)(d), Florida Statutes, the court entered a consent on the mother’s behalf . . . See § 39.801(3)(d), Fla. . . . properly entered determining that a parent’s failure to appear constitutes consent pursuant to section 39.801 . . . The constructive consent provision of section 39.801(3)(d) can only be reasonably understood as providing . . . case, by failing to appear at the advisory hearing, the mother gave constructive consent under section 39.801 . . .
. . . See § 39.801(3)(d); Fla. R. Juv. P. 8.510(a)(3), 8.525(d); D.M. v. . . . See §§ 39.801(3)(a), (d), 39.808(l)-(3); Fla. R. Juv. P. 8.510(a)(1), (3), 8.525(b), (d). . . .
. . . appeals from a trial court order terminating her parental rights by “consent,” pursuant to section 39.801 . . . personally appear at the adjudicatory hearing shall constitute consent for termination of parental rights. § 39.801 . . . See § 39.801(3)(d), Fla. Stat.; J.M. v. . . .
. . . Fifth District examined termination of parental rights by implied or constructive consent under section 39.801 . . . 39.806(l)(a) requires consent by the parents that is altogether different from consent under section 39.801 . . . Specifically, consent under section 39.801(3)(d) is implied, presumed, or constructive consent that derives . . .
. . . See § 39.801(3)(d), Fla. . . .
. . . Section 39.801(3)(d), Florida Statutes (2008), addresses requirements that must be met before a court . . . Moreover, even if the trial court had complied with section 39.801, it was still error to enter a consent . . .
. . . statutory construction regarding a parent’s implied consent to termination of parental rights under section 39.801 . . . entry of such consent upon a parent’s “failure to personally appear at the adjudicatory hearing.” § 39.801 . . . Section 39.801 establishes requirements for service and notice and specifically addresses the problem . . . Section 39.801(a) requires that parents be given notice of the advisory hearing and served with a copy . . . The Fifth District concluded that “the Legislature never intended for consent under section 39.801(3) . . . recognizes that the failure of a parent to appear for a hearing, along with the consequences of section 39.801 . . .
. . . best interests solely on the availability of a relative placement, in direct contravention of section 39.801 . . .
. . . Section 39.801(3)(d), Florida Statutes, provides: If a parent appears for the advisory hearing and the . . .
. . . See § 39.801(3)(a), Fla. . . . petition and a copy of the petition must be personally served on the parents of the child at issue); § 39.801 . . . See § 39.801(3)(d), Fla. . . . not establish that the mother was personally served with the statutory notice required by paragraph 39.801 . . . That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end . . .
. . . . § 39.801(3)(d), Fla. Stat.; Fla. R. Juv. P. 8.525(d). . . .
. . . ‘section 39.801(3)(d) does not end the judicial labor of the trial court; it must then proceed to receive . . . A.S., 927 So.2d 204, 208 (Fla. 5th DCA 2006) (“[C]onsent under section 39.801(3)(d) does not end the . . . Additionally, section 39.801(3)(d) states that if a parent is provided the proper notice, his or her . . . We understand that this determination renders the consent imposed under section 39.801(3)(d) for failure . . .
. . . See §§ 63.0425(1), 39.801(3)(a)(5), Fla. . . . Cf. §§ 63.0425(1), 39.801(3)(a)(5), Fla. Stat. (2002); In re X.Z.C., 747 So.2d at 1006-07. . . . Section 39.801(3)(a)(5), Florida Statutes (2002), provides: (3) Before the court may terminate parental . . .
. . . . § 39.801(3)(d), Fla. Stat. (2005). . . .
. . . . §§ 39.506(3), 39.801(3)(d), Fla. Stat. (2007); Fla. R. Juv. . . .
. . . See § 39.801(S)(d), Fla. Stat. (2007). . . .
. . . the mother’s implied consent for termination of parental rights under the plain language of paragraph 39.801 . . . not establish that the mother was personally served with the statutory notice required by paragraph 39.801 . . . The effect of an “implied, presumed or constructive consent” under paragraph 39.801(3)(d) has been analyzed . . . That analysis concluded squarely, and we agree, that “consent under section 39.801(3)(d) does not end . . .
. . . See § 39.801(3)(d), Fla. Stat. (2005). . . . This court reviews a final judgment of termination entered pursuant to section 39.801(3)(d) for an abuse . . . Section 39.801(3)(d) provides, in pertinent part: If the person served with notice under this section . . . See id. at 833-34 (affirming termination under section 39.801(3)(d) based on trial court’s determination . . . DCA 2004) (adopting this three-part test for requests to vacate consents entered pursuant to section 39.801 . . . I do not believe that our legislature envisioned that section 39.801(3)(d), Florida Statutes (2005), . . . I believe the use of section 39.801(3)(d) under these factual circumstances to terminate a fundamental . . .
. . . Section 39.801, Florida Statutes (2006), and Florida Rules of Juvenile Procedure 8.505 govern the procedure . . . Section 39.801(3)(a)l. and rule 8.505(a)(1) provide that before a court can terminate parental rights . . . If a party entitled to personal service cannot be so served, section 39.801(3)(b) thereafter compels . . .
. . . Section 39.801(3)(d), Florida Statutes (2004), provides that a parent’s failure to personally appear . . . The trial court denied counsel’s request for a continuance and, pursuant to section 39.801(3)(d), determined . . .
. . . Section 39.801(3)(d), Florida Statutes (2005), provides that when a parent attends an advisory hearing . . .
. . . We hold that the presumed, implied, or constructive consent that is imposed under section 39.801(3)(d . . . Hence we must resolve a legal issue that requires us to analyze the interplay between sections 39.801 . . . Carrying this argument to its logical conclusion, they contend that consent under section 39.801(3)(d . . . (3)(d), and for good reason: the Legislature never intended for consent under section 39.801(3)(d) to . . . See § 39.801(3)(d), Fla. Stat. . . .
. . . Section 39.801(3)(d), Florida Statutes (2005), provides that if a person served with notice fails to . . . that if a parent fails to appear at an appointed time and place for a termination proceeding, sections 39.801 . . . The default provisions contained in section 39.801(3)(d) concern the requirement of a parent to “appear . . .
. . . Section 39.801(3)(d), Florida Statutes (2003), provides, in pertinent part, as follows: If a parent appears . . . Although section 39.801(3)(d) allows for an implied consent to termination, “courts should ordinarily . . . See § 39.801(3)(d), Fla. Stat (2003); T.L.D. v. Dep’t of Children & Family Servs. . . .
. . . . § 39.801, Fla. . . .
. . . See § 39.801(3)(d), Fla. Stat. . . .
. . . adequate notice of the necessity to attend either an advisory hearing or an adjudicatory hearing, section 39.801 . . . But section 39.801(3)(d) does not permit a court to “enter a consent” on account of a parent’s failure . . . Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default . . .
. . . E.A. did not “fail to personally appear” at the hearing, and section 39.801(3)(d), Florida Statutes, . . . See § 39.801(3)(d), Fla. Stat. (2004). . . . present as an implied or. constructive consent to the termination of parental rights, pursuant to section 39.801 . . . Unquestionably, under section 39.801(3)(d), Florida Statutes (2004), and Rule 8.525(d), Florida Rules . . .
. . . The amendment brings the rule into conformance with section 39.801(3)(a) and (3)(d), Florida Statutes . . .
. . . See § 39.801(3)(d), Fla. Stat. (2002). . . . Pursuant to section 39.801(3)(d), “[i]f a parent appears for the advisory hearing and the court orders . . . test for vacating a default” would apply to a request to vacate a consent entered pursuant to section 39.801 . . . Further, while section 39.801(3)(d) does authorize constructive or implied consent in termination cases . . . consents implied by section 39.506(3), Florida Statutes (2002) (involving dependency), and section 39.801 . . .
. . . dissenting opinion that a forward-looking construction of section 39.806(l)(d)(l) contravenes section 39.801 . . .
. . . Following a motion for rehearing, the attorney ad litem and the Department argued that under section 39.801 . . . of his parental rights by failing to personally appear at the advisory hearing, pursuant to section 39.801 . . . this case, father’s appearance by telephone constituted a personal appearance for purposes of section 39.801 . . . It is well-settled that section 39.801(3)(d) and Florida Rule of Juvenile Procedure 8.510(a)(3) provide . . . In affirming, the First District held that under section 39.801(3)(d), a parent’s personal appearance . . .
. . . . § 39.801(3)(d), Fla. Stat. (2003); see ch. 99-193, § 42, Laws of Fla.; J.B. v. . . . contemplates that “the court orders that parent to personally appear at the adjudicatory hearing ....” § 39.801 . . . conclude that the principles outlined in R.H. are applicable when the court has proceeded under paragraph 39.801 . . .
. . . Further, section 39.801(3)(d), Florida Statutes, and Florida Rule of Juvenile Procedure 8.510(a)(3), . . . noticed of the hearing requiring his presence, the First District held that the clear language of section 39.801 . . . to provide the court with a reasonable excuse for their absence supported termination under section 39.801 . . .
. . . reverse and remand for the entry of a termination order removing all findings and references relevant to 39.801 . . .
. . . See § 39.801(3)(d), Fla. . . .
. . . See § 39.801, Fla. Stat. (2003). . . .
. . . See § 39.801(3)(d), Fla. Stat. (2003). PETERSON, THOMPSON and ORFINGER, JJ., concur. . . .
. . . See generally § 39.801(3)(d), Fla. . . .
. . . separately to clarify that defaults by consent can be properly entered against parents pursuant to Section 39.801 . . . ., 768 So.2d 1060 (Fla.2000)(upholding constitutionality of consent to default provision of Section 39.801 . . . See § 39.801(3)(d), Fla. . . . Section 39.801(3)(d) provides that a consent for termination of parental rights shall be entered where . . .
. . . cannot be said that the parent’s rights were terminated involuntarily. 854 So.2d at 721-22 (citing § 39.801 . . .
. . . Section 39.801(3)(d) specifically states that “failure to personally appear shall constitute consent . . . required message that failure to appear would constitute consent to the termination of parental rights. § 39.801 . . .
. . . Section 39.801(3)(d), Florida Statutes (2002), provides in part: If a parent appears for the advisory . . .
. . . Significant in the present case, as in R.P., this court discussed section 39.801(3)(d), Florida Statutes . . . Section 39.801(3)(d), Florida Statutes (2001), provides "If the person served with notice under this . . .
. . . neither J.G. nor L.S. received proper written notice of the advisory hearing as required by section 39.801 . . .
. . . concedes, J.C. did not receive proper written notice of the advisory hearing as required by section 39.801 . . .
. . . See § 39.801(3)(d), Fla. . . .
. . . Section 39.801 provides for notice, service of process and termination of parental rights for failure . . . Florida Rule of Juvenile Procedure 8.505(c) and section 39.801(3)(b), Florida Statutes, both provide . . . Rule 8.505(a) as well as section 39.801, Florida Statutes, quoted above, both require that the parents . . . constructive service on a missing parent, rule 8.505(c) requires publication “as provided by law,” and section 39.801 . . .
. . . Section 39.801 of the Florida Statutes (2001) states that the parents have a right to be notified of . . .
. . . mother, personally or by publication, with a notice of the termination proceeding as required by section 39.801 . . . Pursuant to section 39.801(1), Florida Statutes (1999): All procedures, including petitions, pleadings . . . If the notice cannot be personally served, under section 39.801(3)(b), “notice of hearings must be given . . . Under section 39.801, Florida Statutes (1999), and Florida Rule of Juvenile Procedure 8.505(a)(1), a . . . Section 39.801(1) and (3)(a) and rule 8.505(a)(1) and (c) provide the sole manner to effect service of . . .
. . . failure to appear constituted grounds of termination of parental rights in accordance with Section 39.801 . . . The trial court relied upon Section 39.801(3)(d), Florida Statutes (2001), as the basis for the termination . . .
. . . Children and Family Services concedes that the trial court did not satisfy the requirements of section 39.801 . . . Therefore; this court need not address the constitutionality of section 39.801(3)(d). . . .
. . . . § 39.801(1), Fla. Stat. (1999)(emphasis added); see Fla. R. Juv. P. Part II, E. . . .
. . . Section 39.801(3)(d), Florida Statutes (2000), provides the trial court with authority to enter a default . . .
. . . See § 39.801(3)(d), Fla. Stat. . . . Section 39.801(d), Florida Statutes (1999) provides: (d) If the person served with notice under this . . .
. . . court treated M.C.’s failure to personally appear as a default consent to termination under section 39.801 . . . At the time Appellee filed the petition for termination of parental rights, section 39.801(3), Florida . . . First, section 39.801(3)(a), Florida Statutes (2000), required that the notice of the advisory hearing . . . Second, section 39.801(3)(d), provided that: If the person served with notice under this section fails . . . served on M.C. in New Jersey where he resides contained the following language, as required in section 39.801 . . .
. . . Pursuant to section 39.801(3)(a)(1), Florida Statutes (1999), and Florida Rule of Juvenile Procedure . . .
. . . . § 39.801(3)(d), Fla. Stat. (1999) (emphasis added). . . . . LEGAL RIGHTS AS A PARENT TO THE CHILD OR CHILDREN NAMED IN THE PETITION ATTACHED TO THIS NOTICE." § 39.801 . . .
. . . terminating parental rights on the basis that the maternal grandmother was entitled to notice under section 39.801 . . . Section 39.801(3)(a)5, Florida Statutes (Supp.1998), provides that any grandparent entitled to priority . . .
. . . The lawmakers amended section 39.462 and transferred it to section 39.801, Florida Statutes (Supp. 1998 . . . ADVISORY HEARING CONSTITUTES CONSENT TO THE TERMINATION OF PARENTAL RIGHTS OF THIS CHILD (OR CHILDREN).” § 39.801 . . .
. . . (amending section 39.462(l)(d), Florida Statutes (1997), and renumbering it as section 39.801(3)(d)). . . .