Florida/Georgia Personal Injury & Workers Compensation

...CONFLICT IN THE DISTRICT COURTS The question presented to the Second District—and now to this Court—concerns the interplay of several statutes that govern the termination of parental rights. To clarify the conflict, we first outline the operation of the relevant statutory provisions. Under section 39.802, Florida Statutes (2007), the operation of the provisions for *232 terminating a parent's parental rights begins with the filing of a petition....

...was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s. 39.806. (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. § 39.802(4) (emphasis added)....

...In this case, for example, the Department alleged several involuntary grounds under the statute, such as abandonment and that continued parental involvement threatened the child irrespective of services. See id. § 39.806(1)(b)-(c). After the petition is filed, the case is set for an advisory hearing. See § 39.802(3)....

...o appear, the Department must present evidence on the statutory ground or grounds for termination alleged in the petition. See S.S., 976 So.2d at 42; A.S., 927 So.2d at 208; R.H., 860 So.2d at 988. In sum, these district courts reason that (1) under section 39.802(4)(a), a petition for termination of parental rights must be based on at least one of the grounds for termination provided in section 39.806(1); (2) section 39.801(3)(d)'s implied consent is not listed as a section 39.806 ground; (3) n...

...r performance, and the petition is "based on the same facts as are covered in the case plan ... then the petitioner must allege and prove by clear and convincing evidence that the parent has materially *522 breached the provisions of the case plan." § 39.802(8), Fla....

...with a target and completion date of April 28, 2001. Although DCFS filed its petition before then, on April 3, 2001, DCFS did not allege and the trial court failed to find or conclude that C.C. had "materially breached the provisions of the case plan." § 39.802(8), Fla....

...al findings which served as the basis for termination were unsupported by clear and convincing evidence. We find merit only in the mother's challenge to the trial court's determination that there was no suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination of parental rights, providing in pertinent part: A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations: (a) That at least one of the grounds listed in s....

...ith a relative of the child"—and shall base its ruling only on facts that are established by clear and convincing evidence. Reversed and remanded. COVINGTON and WALLACE, JJ., concur. NOTES [1] Requirements not at issue in this case are set forth in section 39.802(4)(b): "That the parents of the child were informed of their right to counsel at all hearings that they attended and that a dispositional order adjudicating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s....

...absent a showing they are not supported by competent, substantial evidence. See id. at 1195; Interest of D.J.W., 764 So.2d 825, 826 (Fla. 2d DCA 2000). The judicial decision whether to terminate parental rights involves two key determinations under section 39.802, Florida Statutes (2004): 1) whether the Department has proved at least one of the grounds for termination set forth in section 39.806, Florida Statutes (2004); and 2) whether the child's manifest best interests would be served by granting the petition to terminate parental rights....

...Although Appellant attended the programs to which she was referred, the Department determined that Appellant had failed to eliminate the filthy and hazardous conditions in her home, and that she had failed to demonstrate sufficient parenting skills to protect B.W. from serious harm. Pursuant to section 39.802, Florida Statutes (2006), the Department initiated proceedings to terminate Appellant's parental rights based on her failure to complete the case plan and the continuing risk of serious harm to B.W....

...Analysis In order to grant a petition for termination of parental rights, a trial court must find that DCF provided clear and convincing evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the children. See § 39.802(4)(a), (c); T.L....

...e murder or manslaughter of a child or was involved in such activity pursuant to section 39.806(l)(h), we likewise hold that in such cases, DCF is not required to prove that services would be futile in regard to the other children. Although sections 39.802(5) and 39.806(3) provide that in expedited termination cases, DCF “may ......

...time of M.B.’s death because E.R. and A.R. had not yet been born. And because E.R. and A.R. were sheltered shortly after birth and because DCF immediately moved for termination, there were no court-ordered services to continue pursuant to sections 39.802(5) and 39.806(3). Furthermore, sections 39.802(5) and 39.806(3) use the word may rather than shall when discussing the provision of a case plan in an up-front termination....

...We need not address whether DCF adequately proved grounds for termination pursuant to section 39.806(l)(c) based on our determination that DCF provided clear and convincing evidence of the other two statutory grounds. . We also note that the facts of this case exemplify situations where sections 39.802(5) and 39.806(3) might be inapplicable....

...throughout the process (Rule 8.415). For termination to occur, section 39.806, Florida Statutes, requires that the trial court find by clear and convincing evidence that one or more of the grounds for termination under the section has been established. § 39.802(4)(a), Fla....

...reunify the parent and child. § 39.806(e), Fla. Stat. (2016). Second, Florida Statutes also require that the trial court shall consider “the manifest best interests of the child” by evaluating the relevant factors listed under section 39.810, Florida Statutes. § 39.802(4)(c), Fla....

...(3) that termination is the least restrictive means of protecting the child from harm. See, e.g., C.M. v. Dep't of Children & Families, 953 So.2d 547 (Fla. 1st DCA 2007) (on reh'g). The trial court relied upon sections 39.806(1)(c), 39.806(1)(e) and 39.802(8) as the statutory grounds warranting termination....

...statutes because the time for completion of the case plan had not expired and any failures on her part were the result of her incarceration and DCF's failure to provide services. The record simply does not support the mother's claim in this regard. Section 39.802(8), Florida Statutes, provides: If the department has entered into a case plan with a parent with the goal of reunification, and a petition for termination of parental rights based on the same facts as are covered in the case plan is f...

...[1] Further, *1063 upon the mother's release from jail, there were only about two months remaining on a case plan that required the mother to obtain stable housing and employment. Accordingly, on this record, we find there was competent, substantial evidence to support termination pursuant to sections 39.802(8) and 39.806(1)(e)2....

...This statute is entitled "Manifest best interests of the child" and provides in pertinent part that "[i]n a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child." (Emphasis added). Section 39.802(4), Florida Statutes, requires that a petition for termination allege the factual grounds for termination under section 39.806 and that termination is in the manifest best interests of the child under section 39.810....

...In this report, the case worker noted that the child, then currently placed with L.J. and his parents, was very bonded with him and his family. [5] We note that, contrary to the circuit court's statement, there appears no obstacle to L.J.'s instituting an action to terminate the parental rights of M.A. See § 39.802(1), Fla....

...All proceedings seeking an adjudication to terminate parental rights pursuant to Chapter 39 must be initiated by the filing of an original petition (TPR petition) by the department, the guardian ad litem, a licensed child-placing agency, or any other person who has knowledge of the facts alleged and believes them to be true. § 39.802(1), Fla....

...In order to grant a petition for termination of parental rights, a trial court must find by clear and convincing evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the child. See § 39.802(4)(a), (c), Fla....

...ith a goal of reunification, a less restrictive alternative to termination remains to be tried. We disagree. When the Department pursues termination of parental rights, it is not required to offer the parent a case plan with a goal of reunification. § 39.802(5)....

...Dep't of Children & Families, 36 So. 3d 776, 778 (Fla. 3d DCA 2010)). However, termination of parental rights without a case plan with a goal of 23 reunification is permitted when based on sections 39.806(1)(f)-(g). See § 39.802(5), Fla....

...As our en banc decision described, the reference to "grounds for termination” in section 39.811(1) does not refer to a statutory ground under section 39.806 but rather to all of the elements that must be proven to entitle the State to terminate parental rights under section 39.802(4), Florida Statutes (2009)....

...ling as the rest of the January 2008 petition. Only the case number is written in pen.] . We note that, contrary to the circuit court's statement, there appears no obstacle to L.J.'s instituting an action to terminate the parental rights of M.A. See § 39.802(1), Fla....

...Dep't of Children & Family Servs., 943 So.2d 272, 273 (Fla. 3d DCA 2006). We, therefore, affirm. *439 Because DCF was required to prove only one ground for termination, we do not need to decide whether the trial court correctly relied on section 39.806(1)( l ) as an alternative ground for termination. See § 39.802(4)(a), Fla....

...n was tried by implied consent. We also reject the contention that failure to cite to the exact statutory reference for a ground for termination alleged in the petition is fatal, so long as the substance of the ground is alleged in the pleading. See § 39.802(4)(a), Fla....

...A petition for termination of parental rights (TPR) must contain facts supporting the allegation that at least one of the grounds listed in section 39.806, Florida Statutes (2002) has been met and that "the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition." § 39.802(4)(a) & (c), Fla....

...The fifth district held that in fact the child did not have the legal capacity to file the TPR petition on his own behalf. Id. at *322 783. However, as also noted by the court, nothing prevented an attorney acting on behalf of the child from initiating a TPR petition. Id. at 784. This holding is consistent with section 39.802(1), which states that "[a]ll proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true. " See § 39.802(1) (emphasis added)....

...CONFLICT IN THE DISTRICT COURTS The question presented to the Second District — and now to this Court — concerns the interplay of several statutes that govern the termination of parental rights. To clarify the conflict, we first outline the operation of the relevant statutory provisions. Under section 39.802, Florida Statutes (2007), the operation of the provisions for *232 terminating a parent’s parental rights begins with the filing of a petition....

...was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s. 39.806. (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition. § 39.802(4) (emphasis added)....

...In this case, for example, the Department alleged several involuntary grounds under the statute, such as abandonment and that continued parental involvement threatened the child irrespective of services. See id. § 39.806(l)(b)-(c). After the petition is filed, the case is set for an advisory hearing. See § 39.802(3)....

...ppear, the Department must present evidence on the statutory ground or grounds for termination alleged in the petition. See S.S., 976 So.2d at 42 ; A.S., 927 So.2d at 208 ; R.H., 860 So.2d at 988 . In sum, these district courts reason that (1) under section 39.802(4)(a), a petition for termination of parental lights must be based on at least one of the grounds for termination provided in section 39.806(1); (2) section 39.801(3)(d)’s implied consent is not listed as a section 39.806 ground; (3)...

...e was not provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010). We reverse the order terminating T.M.W.’s parental rights in order to allow him the opportunity to be represented by counsel for the TPR proceedings. Section 39.802(1), Florida Statutes (2010) provides that: All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem,...

...We agree with the Third and Fifth Districts that deeming a parent's failure to appear to be a consent to termination does not end the trial court's judicial labor. We disagree, however, that the trial court must hear evidence in support of the grounds alleged in the petition for termination. Section 39.802(4), Florida Statutes (2007), requires that a petition for termination of parental rights contain facts supporting (a) That at least one of the grounds [for termination of parental rights] listed in s....

...We understand that this determination renders the consent imposed under section 39.801(3)(d) for failure to appear to be like the consent that results from the execution of a written surrender pursuant to section 39.806(1)(a). If the Department were still required to prove an additional ground for termination as specified in section 39.802, the resulting termination would be, in our opinion, involuntary in nature....

...ent" satisfies the requirement to prove a ground for termination. However, the same section requires that "[a]djudicatory hearings for petitions for voluntary termination must be held within [twenty-one] days after the filing of the petition." Since section 39.802(4) designates that there are two further requirements that must be proven in addition to proving at least one of section 39.806's enumerated grounds, an adjudicatory hearing is required even after a consent has been entered—either by written surrender or resulting from a parent's failure to appear....

...from unsupervised contact with her and to prevent any contact between J.F. and abusive members of A.P.’s family. DCF petitioned for termination of A.P.’s parental rights as to all four children in January 2020, eighteen months after the children were adjudicated dependent. See § 39.802, Fla....

...The fourth child was originally placed with the paternal grandmother, but the placement was changed to the maternal grandmother. Later, the Florida Department of Children and Families sought to terminate parental rights as to all four children under section 39.802, Florida Statutes (2020). Denise E....

...propriate placement for the minor children, as well as challenging the termination of J.H.’s parental rights. DCF and the GAL argue that the grandmother has no standing to appeal the denial of termination of J.H.’s rights, and we agree. Although section 39.802(1), Florida Statutes (2018) would allow the maternal grandmother to be a petitioner seeking to terminate parental rights, that section does not authorize her to challenge the final judgment terminating J.H.’s rights....

proceeding is invoked by the filing of a petition. See § 39.802(1), Fla. Stat. (“[a]ll proceedings seeking an

...r Hearings); 8.345 (Post-Disposition Relief); 8.425 (Permanency Hearings); and Form 8.947 (Disposition Order — Delinquency). The majority of the proposals are in response to recent statutory amendments. See ch.2012-81, § 1, Laws of Fla. (amending § 39.802(4)); ch.2012-84, § 2, Laws of Fla....

...s. This court affirmed the termination of rights as to the daughters, but reversed as to the sons. See A.J. v. DCF, 97 So.3d 985 (Fla. 4th DCA 2012). . DCF is not required to offer a case plan with the goal of reunification in termination cases. See § 39.802(5), Fla....

...Additionally, the Committee is directed to file within the comment period a supplemental report addressing whether form 8.981 (Petition for Involuntary Termination of Parental Rights) should be amended in response to section 1 of chapter 2012-81, Laws of Florida, amending section 39.802(4), Florida Statutes.

...were still violating that, despite the injunction. The trial court determined that there was clear and convincing evidence establishing both the statutory grounds for termination alleged in the petition, but we need only focus on one. See § 39.802(4)(a), Fla....

...We find no legal error in the trial court’s TPR based, at a minimum, on the ground stated in section 39.806(1)(c). The mother does not challenge the trial court’s findings supporting its conclusion that TPR is in the manifest best interests of the children, so we do not review the sufficiency of that determination. See §§ 39.802(4)(c), 39.810, Fla....

PER CURIAM. We affirm the final judgment terminating the appellant’s parental rights because it is supported by competent, substantial evidence. § 39.802, .806(l)(b), Fla....

dependent in any prior dependency proceeding. § 39.802(4)(b). Because DCF filed an expedited petition

...ith a goal of reunification, a less restrictive alternative to termination remains to be tried. We disagree. When the Department pursues termination of parental rights, it is not required to offer the parent a case plan with a goal of reunification. § 39.802(5)....

...ase plan is filed prior to the time agreed upon in the case plan for the performance of the case plan, the petitioner must allege and prove by clear and convincing evidence that the parent has materially breached the provisions of the case plan. Id. § 39.802(8) (emphasis added)....

...In order to grant a petition for termination of parental rights, a - 12 - trial court must find by clear and convincing evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the child. See § 39.802(4)(a), (c); Padgett v....

...This amendment conforms the rule to section 39.812(1), Florida Statutes (2004). We amend subdivision (a)(2) of rule 8.500, Petition, to delete “a licensed child-placing agency” from the list of those who may file a petition to terminate parental rights, thereby conforming the rule to section 39.802(1), Florida Statutes (2004), which was amended in 2001 to remove “licensed child-placing agency” from the list....

...To adopt a TPR petition under rule 8.500(f), a party must be one that could have filed a petition in the first place. A petition may be initiated by “the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.802(1), Fla....

...Juv. P. 8.500(a)(2) (noting that Department, guardian, licensed child-placing agency, or any person having knowledge of the facts may file a TPR). A petition must be filed “under oath stating the petitioner’s good faith in filing the petition.” § 39.802(2). To adopt a petition under rule 8.500(f), the adopting party must comply with the oath requirement of section 39.802(2)....

...�� as dispensing with the requirement that the petition be re-served upon the parent. Thus, we reverse that portion of the circuit court order requiring service of process. After a party has adopted a petition under rule 8.500(f) and consistent with section 39.802(2), the court must reschedule the adjudicatory hearing to start anew....

...indings which served as the basis for termination were unsupported by clear and convincing evidence. We find merit only in the mother’s challenge to the trial court’s determination that there was no suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination of parental rights, providing in pertinent part: A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations: (a) That at least one of the grounds listed in s....

...t with a relative of the child” — and shall base its ruling only on facts that are established by clear and convincing evidence. Reversed and remanded. COVINGTON and WALLACE, JJ., concur. . Requirements not at issue in this case are set forth in section 39.802(4)(b): "That the parents of the child were informed of their right to counsel at all hearings that they attended and that a dispositional order adjudi-eating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s....

...Certainly, if the Department of Children and Families had filed this petition, there is no doubt that it could have pursued the petition despite the parties’ agreement regarding visitation. The fact that the mother filed this petition makes the matter somewhat troubling from an equitable standpoint, but section 39.802(1), Florida Statutes (2002), permits the filing of such a petition by “any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” Because the issues presented in a termination o...

...r terminating her parental rights to her four children. Because there was competent, substantial evidence supporting termination as to each child on at least one of the grounds enumerated in section 39.806, Florida Statutes (2014), we affirm. See § 39.802(4)(a) (requiring the trial court to find by clear and convincing evidence that at least one of the statutory grounds for termination exists)....

...he was not provided with appointed counsel pursuant to section 39.807(1), Florida Statutes (2010). We reverse the order terminating T.M.W.'s parental rights in order to allow him the opportunity to be represented by counsel for the TPR proceedings. Section 39.802(1), Florida Statutes (2010) provides that: All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original petition by the department, the guardian ad litem,...

...We agree with the Third and Fifth Districts that deeming a parent’s failure to appear to be a consent to termination does not end the trial court’s judicial labor. We disagree, however, that the trial court must hear evidence in support of the grounds alleged in the petition for termination. Section 39.802(4), Florida Statutes (2007), requires that a petition for termination of parental rights contain facts supporting (a) That at least one of the grounds [for termination of parental rights] listed in s....

...We understand that this determination renders the consent imposed under section 39.801(3)(d) for failure to appear to be like the consent that results from the execution of a written surrender pursuant to section 39.806(l)(a). If the Department were still required to prove an additional ground for termination as specified in section 39.802, the resulting termination would be, in our opinion, involuntary in nature....

...satisfies the requirement to prove a ground for termination. However, the same section requires that “[a]djudicatory hearings for petitions for voluntary termination must be held within [twenty-one] days after the filing of the petition.” Since section 39.802(4) designates that there are two further requirements that must be proven in addition to proving at least one of section 39.806’s enumerated grounds, an adjudicatory hearing is required even after a consent has been entered—either by written surrender or resulting from a parent’s failure to appear....

...Thus, the rules permit the trial court to add participants, but do not allow the trial court to add parties. Both petitions for dependency and petitions for termination of parental rights may be filed by any person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla....

...at 322. The grandmother appealed the termination of J.H.’s parental rights. We held that the grandmother had no standing to appeal the termination, because the grandmother was not a party to the Department’s petition. Id. at 324. We stated: Although section 39.802(1), Florida Statutes (2018) would allow the maternal grandmother to be a petitioner seeking to terminate parental rights, that section does not authorize her to challenge the final judgment terminating J.H.’s rights....

...See A.M. v. Dep’t of Child. & Fams., 223 So. 3d 312, 315 (Fla. 4th DCA 2017). II. Single-Parent Terminations Like many states, Florida also allows a private party to file and prosecute a petition for termination of parental rights. 1 See § 39.802(1), Fla. 1 A sampling of the termination laws across this country shows that some states allow for privately filed petitions to terminate parental rights, while others do not....

...n pursuant to section 39.806(1)(d)(3), Florida Statutes (2017). 1 Because DCF was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination. 2 See § 39.802(4)(a), Fla....

...pursuant to section 39.806(1)(d)(3), Florida Statutes (2017).1 Because DCF was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination.2 See § 39.802(4)(a), Fla....