CopyCited 65 times | Published | Supreme Court of Florida | 2004 WL 1516017
...tinent 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). The grounds for termination must be established by clear and convincing evidence. § 39.809(1), Fla....
...ng have been terminated involuntarily." §
39.806(1)(i), Fla. Stat. (2002). [5] To terminate parental rights, DCF must also prove by clear and convincing evidence that termination is in the manifest best interest of the child. See §§
39.802(4)(c),
39.809(1),
39.810, Fla. Stat. (2002). [6] We note that the statutory determination of the manifest best interest of the child is unchanged by our opinion here. See §§
39.802(4)(c),
39.809(1),
39.810, Fla....
CopyCited 52 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 6188, 2003 WL 1986950
...al rights if DCFS has met its burden to present clear and convincing evidence of a statutory ground for terminating parental rights, along with clear and convincing evidence that terminating parental rights is in the best interests of the child. See § 39.809(1), Fla....
CopyCited 24 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 19339, 2002 WL 31887728
...the child, irrespective of the provisions of services, such conduct constitutes grounds for the termination of that parent's parental rights. The Department must prove the grounds for termination of parental rights by clear and convincing evidence. § 39.809(1), Fla....
CopyCited 23 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 508, 2004 Fla. LEXIS 1538, 2004 WL 2110379
...d to be incarcerated will constitute a substantial portion of the period of time before the child will attain the age of 18 years." (Emphasis supplied.) This is the test that the trial court must apply in a hearing on a petition for termination. See § 39.809(1) ("In a hearing on a petition for termination of *1052 parental rights, the court shall consider the elements required for termination.")....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1036180
...WHATLEY, J., and SEALS, JAMES H., Associate Judge, Concur. NOTES [1] In their briefs, the parties argued that the issue was whether DCFS proved dependency by clear and convincing evidence. That is the burden of proof required for terminating parental rights. See § 39.809(1), Fla....
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 3778
...nder review are erroneous and incomplete. Full and accurate fact finding is essential not only on the question whether DCFS has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so. See § 39.809(5), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 14424, 2009 WL 3078150
...Section
39.810 does not expressly require a trial court to show its consideration of each of the statutory factors through written findings. However, Florida Rule of Juvenile Procedure 8.260(a) requires all orders issued in juvenile proceedings to contain specific findings of fact and conclusions of law. See also §
39.809(4), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 86188
...ot limited to" the various specific factors enumerated in the section. Among the specific enumerated factors the trial court must consider is whether there is "[a]ny suitable permanent custody arrangement with a relative of the child." §
39.810(1). Section
39.809(1) provides that "[e]ach of [the elements required for termination] must be established by clear and convincing evidence before the petition is granted." An order terminating parental rights therefore must be supported by clear and con...
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 412790
...of Children & Family Servs.,
891 So.2d 1068 (Fla. 2d DCA 2004). It is at the adjudicatory hearing that the trial court considers the elements required for termination of parental rights; due process requires that each element be proved by clear and convincing evidence. See §
39.809(1), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105543
...A guardian ad litem (GAL) was appointed to the case pursuant to section
39.822, Florida Statutes (2006). Given the very serious consequences of the termination of parental rights, the quantum of proof required to support the trial court's ruling is "clear and convincing evidence." §
39.809(1), Fla....
...A finding that evidence is clear and convincing enjoys a presumption of correctness and will not be overturned on appeal unless *501 clearly erroneous or lacking in evidentiary support." N.L. v. Dep't of Children & Family Servs.,
843 So.2d 996, 999 (Fla. 1st DCA 2003). Following a full adjudicatory hearing under section
39.809, Florida Statutes (2006), where Appellant was represented by an attorney, the trial court found clear and convincing evidence that B.W....
...Given this fact, the Department has the burden to prove the allegations supporting termination by clear and convincing evidence, and must demonstrate that termination of those rights is the least restrictive means of protecting the child from serious harm. See § 39.809(1), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2002 WL 529897
...Thomas Knobbe; composite of Family Builders weekly progress reports; composite exhibit of photographs) submitted by the mother and Guardian Ad Litem. The trial court then stated that her findings in the final order were supported "by clear and convincing evidence." See § 39.809(1), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 6545, 2010 WL 1875624
...See L.B. v. Dep't of Children and Families,
835 So.2d 1189, 1195 (Fla. 1st DCA 2002). It is equally incontrovertible that the Department must prove this element, as with all other elements of a termination case, by *783 clear and convincing evidence. See §
39.809(1), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1999 WL 415191
...Accordingly we quash the decision holding section 39.467 unconstitutional and return the case to the circuit court for further proceedings. To facilitate further review, however, of this issue of great public importance, we hereby certify the following question of constitutionality to the supreme court: "Is § 39.467(4), now § 39.809(4), Fla....
...(Supp.1998), requiring a mandatory closure of all hearings in TPR proceedings valid under the United States and Florida constitutional provisions respecting access of the public and media to judicial proceedings?" STEVENSON and SHAHOOD, JJ., concur. NOTES [1] See now § 39.809(4), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 18798, 2003 WL 22927152
...might have indicated a positive change in the mother's life are lacking." In explaining our affirmance of this termination order, we address first the standard of review, then the applicable law, and finally, how the law applies to the above facts. Section 39.809(1), Florida Statutes (2002), provides, "In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105565
..., made no provision to pay child support, failed to maintain contact with his child, and failed to send a card or gift for the child's birthday. Analysis The statutory elements of abandonment must be established by clear and convincing evidence. See § 39.809(1), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 6111
...xecuted under duress and withdrawn; and her due process rights were violated because the statutory elements necessary for termination of parental rights were not established by clear and convincing evidence in an adjudicatory hearing, as required by section 39.809(1), Florida Statutes (2000)....
...atory hearing must be held wherein the Department must establish the elements required for termination of parental rights by clear and convincing evidence, through use of the rules of evidence applied in civil cases. §
39.808(4), Fla. Stat. (2000); §
39.809(1), (3), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4309, 2007 WL 865807
...ient to demonstrate that he sexually abused her. In an unusual but forthright response, the State concedes that the trial court committed reversible error, and we agree. Accordingly, we reverse and remand for reinstatement of R.P.'s parental rights. Section 39.809(1), Florida Statutes (2005), requires the Department of Children and Family Services to prove each element necessary for termination of parental rights by clear and convincing evidence....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 270699
...Stat. (1999); Fla. R. Juv. P. 8.510. Thereafter, the court is to hold an adjudicatory hearing at which the court is to determine "whether or not the facts support the allegations stated in the petition" for terminating parental rights. §§
39.01(4),
39.809, Fla. Stat. (Supp.1998); Fla. R. Juv. P. 8.525. At the adjudicatory hearing, the court must consider the elements required for termination, each of which must be established by clear and convincing evidence before the petition may be granted. §
39.809(1). Furthermore, the adjudicatory hearing must be conducted by the judge, without a jury, in a closed proceeding. §
39.809(2),(3)....
...rson as a witness at an adjudicatory hearing, with the right to examine or cross-examine all witnesses. Fla. R. Juv. P. 8.525(c),(d). The presiding judge must then enter a written order ("initial order") with findings of fact and conclusions of law. § 39.809(5), Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 2001 WL 169664
...Fahlbusch, Assistant Attorney General, Fort Lauderdale, FL, for Respondent. QUINCE, J. We have for review a decision on the following question certified by the Fourth District Court of Appeal to be of great public importance: IS SECTION 39.467(4), NOW SECTION
39.809(4), FLORIDA STATUTES (SUPP.1998), REQUIRING A MANDATORY CLOSURE OF ALL HEARINGS IN TPR PROCEEDINGS VALID UNDER THE UNITED STATES AND FLORIDA CONSTITUTIONAL PROVISIONS RESPECTING ACCESS OF THE PUBLIC AND MEDIA TO JUDICIAL PROCEEDINGS? Department of Children & Family Services v. Natural Parents of J.B.,
736 So.2d 111 (Fla. 4th DCA 1999). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed in this opinion, we conclude that section 39.467(4), Florida Statutes (1997), now section
39.809(4), Florida Statutes (2000), requiring mandatory closure of all hearings in termination of parental rights (TPR) proceedings is valid under the United States and Florida constitutional provisions respecting access of the public and media to judicial proceedings....
...nality of the mandatory closure statute in adoption proceedings. In re Adoption of H.Y.T.,
458 So.2d 1127 (Fla. 1984). Our decision today is consistent with our decision in Barron. Approving the Fourth District and upholding the constitutionality of section
39.809(4) complies with established public policy set forth in the statutes and case law and is consistent with the historical and traditional presumption of closed juvenile proceedings....
...only when to do so would violate organic law. City of Jacksonville v. Bowden,
67 Fla. 181,
64 So. 769, 772 (1914). Conclusion We approve the decision of the Fourth District and answer the certified question in the affirmative. Section 39.467(4), now section
39.809(4), Florida Statutes (2000), requiring mandatory closure of all hearings in TPR proceedings, is valid under the United States and Florida constitutional provisions respecting access of the public and media to judicial proceedings....
...that the public interest or the welfare of the child is best served by so doing." §
39.507(2), Fla. Stat. (Supp.1998) (formerly section 39.408(2)(c)) (emphasis added). Dependency proceedings are the necessary predicate to TPR proceedings. However, section
39.809(4), Fla....
...Hearings involving more than one child may be held simultaneously when the children involved are related to each other or were involved in the same case. The child and the parents, caregivers, or legal custodians of the child may be examined separately and apart from each other. [2] See § 39.809(4), Fla. Stat. (2000). [3] Section 39.809(4), Florida Statutes (1999), provides: (4) All hearings involving termination of parental rights are confidential and closed to the public....
CopyCited 3 times | Published | Supreme Court of Florida | 2006 Fla. LEXIS 2210, 2006 WL 2690230
...Although we are sympathetic to the arguments raised by the commenters to the proposed amendment to subdivision (h) of rule 8.257, which would prohibit magistrates from conducting shelter hearings under section
39.402, Florida Statutes (2005), and adjudicatory hearings under sections
39.507 or
39.809, Florida Statutes (2005), we nevertheless conclude the proposed amendments are necessary and adopt them....
...(g) [No Change] (h) Prohibition on Magistrate Presiding over Certain Hearings. Notwithstanding the provisions of this rule, a general magistrate shall not preside over a shelter hearing under section
39.402, Florida Statutes, an adjudicatory hearing under section
39.507, Florida Statutes, or an adjudicatory hearing under section
39.809, Florida Statutes....
...d of intervention by the Department. Subsection (1)(b) provides, in pertinent part: "Adjudicatory hearings shall be conducted by the judge without a jury. . . ." There are other references to "judge" and "the court" throughout the statutory section. Section 39.809 governs adjudicatory hearings conducted to determine whether a parent's parental rights should be terminated....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2012 WL 832827, 2012 Fla. App. LEXIS 4064
...The findings of fact in the order under review are inconsistent with the record below. Full and accurate fact finding is essential not only on the question whether DCF has authority to terminate parental rights but also on the question whether it is in the child’s best interests to do so. See § 39.809(5), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1466460
...abandoned by the mother. The petition also alleged that it was in the manifest best interest of the child to terminate the mother's parental rights. DCFS had the burden to prove the elements required for termination by clear and convincing evidence. § 39.809(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Dep't of Children &
Family Services:
Full and accurate fact finding is essential not only on the
question whether DCF has authority to terminate parental
rights but also on the question whether it is in the child's
best interests to do so. See § 39.809(5), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 303331
...We agree with the mother that the trial court erred in failing to set forth any findings of fact in the termination order and in referencing an incorrect sub-section of the applicable statute. Accordingly, we vacate the order and remand this matter for entry of a proper order. Section 39.809(5) of the Florida Statutes (1999) requires trial courts to enter written termination orders which set forth findings of facts and conclusions of law. See § 39.809(5), Fla.Stat....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 2954, 2014 WL 825240
...n amendment in 2012. Ch. 2012-178, § 15, at 25-26, Laws of Fla. 2 DCF had the burden to prove the grounds for terminating S.B.’s parental *1246 rights it alleged in its petition for termination of parental rights by clear and convincing evidence. § 39.809(1), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2017 Fla. App. LEXIS 37
...“In a hearing on a petition for termination of parental rights, the court shall
consider the elements required for termination. Each of these elements must be
established by clear and convincing evidence before the petition is granted.” See §
39.809(1), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
case proceeded to an adjudicatory hearing, see §
39.809, at which the evidence established the following
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 4504, 2010 WL 1329709
...Obviously, on this record there were many, many reasons that termination was appropriate, all supported by clear and convincing evidence. Finally, the father argues that he should have been entitled to a jury trial on the petition. While he acknowledges that section 39.809, Florida Statutes provides for an adjudicatory hearing without a jury, he argues that because TPR cases are tantamount to a "civil death penalty" in parental rights cases, he should be entitled to a jury trial pursuant to Article I, Section 22, of the Florida Constitution....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 912648
...anifest best interests of the child pursuant to section
39.810. V.W. v. Dep't of Children & Family Servs. (In re L.B.W.),
863 So.2d 480 (Fla. 2d DCA 2004); T.M. v. Dep't of Children & Families (In re K.M.),
788 So.2d 306 (Fla. 2d DCA 2001); see also §
39.809(1) (requiring that each of the elements necessary for termination be established by clear and convincing evidence)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2001 WL 1517406
...hen rested its case without presenting any additional evidence. [2] The mother executed a stipulation which was accepted by the court, wherein she entered into a case plan with DCF while at the same time maintaining custody of C.M. [3] Renumbered as section 39.809(3), Florida Statutes (2000).
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 7220, 2008 WL 2116099
...The statute provides: In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted. § 39.809(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 7154
...507: "Notwithstanding the provisions of this rule, a general magistrate shall not preside over a shelter hearing under section
39.402, Florida Statutes, an adjudicatory hearing under section
39.507, Florida Statutes, or an adjudicatory hearing under section
39.809, Florida Statutes." See also In re Amendments to the Fla....
CopyCited 1 times | Florida 3rd District Court of Appeal
...there are three elements the Department must prove. First, the Department
must prove by clear and convincing evidence that at least one statutory
ground in section
39.806(1), Florida Statutes (2023), exists. See §
39.806(1), Fla. Stat. (2023); §
39.809(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 790
...the child. See S.P. v. State, Dep’t of Children & Families,
751 So.2d 667 (Fla. 2d DCA 2000) (reversing when final judgment terminating parental rights failed to address statutory factors concerning manifest best interests of child); see also §
39.809(5), Fla....
...hild’s support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations.” §
39.01(1). The Department is required to prove its case with clear and convincing evidence, §
39.809(1), because “[n]atural parents have a fundamental liberty interest in the care, custody, and management of their children.” In re C.W.W.,
788 So.2d 1020, 1023 (Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1744273
...BLUE, Chief Judge. P.G.B., the father of three children, appeals the final judgment terminating his parental rights. He contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1744179
...*834 BLUE, Chief Judge. R.D.B., the mother of three children, appeals the final judgment terminating her parental rights. She contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 1213665
...ination is in the child's best interests. Full and accurate fact finding is essential not only on the question whether DCFS has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so. See § 39.809(5), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1041134
...atter two children that included tasks addressing anger management and appellant's developmental disability. This appeal followed. Each of the elements required for termination of parental rights must be established by clear and convincing evidence. § 39.809(1), Fla....
CopyPublished | Florida 1st District Court of Appeal
...Because the trial
court properly applied the governing law to the competent,
substantial evidence presented, we affirm both orders.
The first order was entered on September 24, 2020, following
an adjudicatory hearing spanning six days and concluding August
10, 2020. See § 39.809, Fla....
...We reject all of A.P.’s arguments as discussed
below.
Standard of Review
Review of evidentiary determinations in TPR cases is limited
to whether there is competent, substantial evidence to support the
trial court’s findings. Section 39.809(1) requires that to grant TPR,
the trial court must find clear and convincing evidence of:
(1) at least one of the statutory grounds for TPR;
(2) that TPR is in the children’s manifest best interests;
and
(3) that...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 14537, 2005 WL 2242654
...The Court is aware of the developmental disabilities of [D.R.] and notwithstanding these disabilities recognizes her completion of the assigned tasks included in her ease plan. The Court feels that [D.R.] is deserving of an opportunity to parent the child with whatever assistance is necessary and practicable. Section 39.809(5) requires the trial court to enter a written order containing findings of fact and conclusions of law....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 15091, 2003 WL 22298828
PER CURIAM. We affirm the termination of the father’s parental rights where the basis for such termination was proven by clear and convincing evidence. § 39.809(1), Fla....
CopyPublished | District Court of Appeal of Florida
Hospital Counsel’s Attendance at Trial Section
39.809(4), Florida Statutes (2018), includes this
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 18883, 2012 WL 5349993
...judge signed the order terminating parental rights. Mother now appeals. Rule 8.257(h), Florida Rules of Juvenile Procedure (2011), prohibits general magistrates from presiding over adjudicatory hearings under section 89.809, Florida Statutes (2011). Section 39.809(3) also states, in pertinent part, “[t]he adjudicatory hearing must be conducted by the judge without a jury-” Fla. Stat. § 39.809 (3) (2011)....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 15124, 2004 WL 2308901
...In addition, the trial court made findings to the effect that the Department of Children and Families presented clear and convincing evidence establishing statutory grounds for terminating parental rights, as well as clear and convincing evidence that termination of such rights is in the best interest of the children. See § 39.809(1), Fla....
CopyPublished | Supreme Court of Florida
...Notwithstanding the provisions of this rule, a general
magistrate shallmust not preside over a shelter hearing under
section
39.402, Florida Statutes, an adjudicatory hearing under
section
39.507, Florida Statutes, or an adjudicatory hearing under
section
39.507, Florida Statutes, or an adjudicatory hearing under
section
39.809, Florida Statutes.
RULE 8.260....
CopyPublished | Florida 3rd District Court of Appeal
...“In a hearing on a petition for termination of parental rights, the court shall
consider the elements required for termination. Each of these elements must be
established by clear and convincing evidence before the petition is granted.” See §
39.809(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...d by competent
substantial evidence. “Full and accurate fact finding is essential not only
on the question whether DCFS has authority to terminate parental rights
but also on the question whether it is in the child’s best interests to do so.
See § 39.809(5), Fla....
CopyPublished | Florida 1st District Court of Appeal
...The statute provides: In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted. § 39.809(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 3301, 2006 WL 544475
...ved professionals and district legal counsel, if available. Fla. Admin. Code R. 65C-13.020(2). However, all records and proceedings regarding dependency and termination proceedings are confidential and exempt from disclosure. See §§
39.0132(4) and
39.809(4), Fla....
...is confidential. Thus, for this reason alone, the staffings are not subject to the Sunshine Law. However, even if the staff was exercising decision-making authority at the staffing meeting as contemplated by the Sunshine Law, sections
39.0132(4) and
39.809(4), when read together, make these meetings confidential and closed to the public. Section
39.809(4), which applies to adjudicatory hearings in termination of parental rights cases, provides that "[a]ll hearings involving termination of parental rights are confidential and closed to the public." Section
39.0132(4)(a) provides that...
CopyPublished | Supreme Court of Florida
...her child, there are three elements the Department must prove.
First, the Department must prove by clear and convincing
evidence that at least one statutory ground in section
39.806(1),
Florida Statutes (2021), exists. See §
39.806(1), Fla. Stat. (2021); §
39.809(1), Fla....
CopyPublished | Supreme Court of Florida
exists. See §
39.806(1), Fla. Stat. (2021); §
39.809(1), Fla. Stat. (2021) (“In a hearing on a petition
CopyPublished | Florida 4th District Court of Appeal
...But the court made findings
only as to material breach and it concluded later in the judgment that
termination was based on material breach. As such, we remand for entry
of an amended final judgment clearly indicating whether termination also
is based on abandonment and making the required findings. See §
39.809(5), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 8266, 2003 WL 21458684
...ating parental rights. We reverse on the ground that the Department of Children and Family Services (“Department”) failed to establish by clear and convincing evidence any basis for termination as required by section
39.806, Florida Statute. See §
39.809(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 9437
...WHATLEY, J., and SEALS, JAMES H., Associate Judge, Concur. . In their briefs, the parties argued that the issue was whether DCFS proved dependency by clear and convincing evidence. That is the burden of proof required for terminating parental rights. See § 39.809(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 9620
...andoned by the mother. The petition also alleged that it was in the manifest best interest of the child to terminate the mother’s parental rights. DCFS had the burden to prove the elements required for termination by clear and convincing evidence. § 39.809(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 428, 2004 WL 89185
...g to start anew. We agree with counsel for the father that a parent’s trial strategy may differ depending on the party bringing the termination petition. We note that at the new adjudicatory hearing, the party that adopted the petition may rely on section 39.809(3), Florida Statutes (2002), which provides in pertinent part: For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge may consider in-court testimony previously given at any properly noticed he...
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 419
...ited to” the various specific factors enumerated in the section. Among the specific enumerated factors the trial court must consider is whether there is “[a]ny suitable permanent custody arrangement with a relative of the child.” §
39.810(1). Section
39.809(1) provides that “[ejach of [the elements required for termination] must be established by clear and convincing evidence before the petition is granted.” An order terminating parental rights therefore must be supported by clear and...
CopyPublished | Florida 2nd District Court of Appeal
...mitted by C.W., the lack of any
significant relationship between C.W. and X.W., and the strength of X.W.'s relationship
with his maternal grandmother, who is available to adopt X.W.
The case proceeded to an adjudicatory hearing, see § 39.809, at which
the evidence established the following....
...trial court must
find two statutory requirements satisfied by clear and convincing evidence: the
existence of a ground for termination under section
39.806 and that termination would
be in the child's manifest best interests under section
39.810. §
39.809(1); Dep't of
Children & Family Servs....
...ng C.W.'s parental rights intact
is in X.W.'s best interests.5 See §
90.302(1), Fla. Stat. (2016) (stating the burden of a
5Adjudicatory hearings in termination cases are governed by the "rules of
evidence in use in civil cases." §
39.809(3)....
CopyPublished | District Court of Appeal of Florida
elements by clear and convincing evidence. See §
39.809(1), Fla. Stat. (2021); E.K. v. Dep’t of Child
CopyPublished | Florida 3rd District Court of Appeal
B. Hospital Counsel's Attendance at Trial Section
39.809(4), Florida Statutes (2018), includes this
CopyPublished | Florida 3rd District Court of Appeal
B. Hospital Counsel's Attendance at Trial Section
39.809(4), Florida Statutes (2018), includes this
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 18503
...Chief Judge. P.G.B., the father of three children, appeals the final judgment terminating his parental rights. He contends, and we agree, that the elements required for termination were not established by clear and convincing evidence'as required by section 39.809(1), Florida Statutes (1999)....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 18510
...hief Judge. R.D.B., the mother of three children, appeals the final judgment terminating her parental rights. She contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999)....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 16835, 2000 WL 1867619
PER CURIAM. Section 39.809(5), Florida Statutes (1999) requires a trial court to enter a written order with findings of fact and conclusions of law when terminating parental rights....
...In this case, the Department of Children and Families concedes that the order terminating J.R.’s parental rights as to T.R., her minor child, is deficient because it fails to make specific findings of fact. We must vacate the order and direct the trial court on remand to comply with section 39.809(5)....
CopyPublished | Florida 2nd District Court of Appeal
...transported to the Manatee County Jail.
"[T]he Department must prove the allegations supporting the termination
of parental rights by clear and convincing evidence . . . ." R.W.W. v. Dep't of Children &
Families,
788 So. 2d 1020, 1023 (Fla. 2d DCA 2001). See also §
39.809(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1999 Fla. App. LEXIS 16934, 1999 WL 1206655
...the petition finding that although the mother was in substantial noncompliance with the plan, such noncompliance was caused by her lack of financial resources. The Department appeals claiming that the court failed to comply with the requirements of section 39.809(5), Florida Statutes, which requires that “the judge shall enter a written order with the findings of fact and conclusions of law.” In its very brief order, the court, in addition to finding the mother’s noncompliance was caused...
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 1842674
...DCF also complains that the order lacks any findings of fact, and apart from the conclusory statement that the "evidence presented does not meet the clear and convincing standard necessary to grant" the petition, there are no conclusions of law. See § 39.809(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 12455
...[the mother], the . . . Department . . . has met its burden of
establishing by clear and convincing evidence, the
allegations set forth in the Petition for Termination of
Parental Rights[.]
With respect to orders terminating parental rights, section 39.809(5),
Florida Statutes (2013), requires trial courts to enter written orders
which contain findings of fact and conclusions of law....
... As a result of the final judgment’s shortcomings, we are unable to
undertake a meaningful review. Consequently, we vacate the final
judgment of termination of parental rights and remand this case to the
trial court so that it may enter a final judgment which complies with
section 39.809(5)....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 4599, 2004 WL 735623
...Statutes.” *1290 Although the record supports the trial court’s finding that termination of the mother’s parental rights is in the child’s manifest best interests, the termination order fails to set forth any specific findings. The final order of termination is therefore not in compliance with section 39.809(5), Florida Statutes (2002), which provides that “[t]he judge shall enter a written order with the findings of fact and conclusions of law.” As such, this court could vacate the order and direct the trial court to comply with section 39.809(5)....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 6089
...interests of the child pursuant to section
39.810. V.W. v. Dep’t of Children & Family Servs. (In re L.B.W.),
863 So.2d 480 (Fla. 2d DCA 2004); T.M. v. Dep’t of Children & Families (In re K.M.),
788 So.2d 306 (Fla. 2d DCA 2001); see also §
39.809(1) (requiring that each of the elements necessary for termination be established by clear and convincing evidence)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1366724
...Egregious conduct is “abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a normal standard of conduct.” § 89.806(1)(f)(2). It may include an act or omission that occurred only once but was so severe that it endangered the child’s life. Id. Section 39.809(1) requires DCF to prove each element necessary to terminate parental rights by clear and convincing evidence....
