The 2023 Florida Statutes (including Special Session C)
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. . . the child's manifest best interests, while the trial court addressed each statutory factor in section 39.810 . . .
. . . and Least Restrictive Means The Department is required to prove all of the elements listed in section 39.810 . . .
. . . recommendations for the child provided by the child's guardian ad litem or legal representative. § 39.810 . . . See § 39.810(10). . . . Section 39.810 states that "the court shall consider and evaluate all relevant factors, including, but . . . not limited to" the enumerated eleven factors. § 39.810 (emphasis added). . . . of the child and including factual findings in accordance with the eleven factors set forth section 39.810 . . .
. . . See § 39.810(5). . . . See § 39.810(2). It found that C.W. lacked the current capacity to care for X.W. such that X.W.' . . . See § 39.810(3). . . . See § 39.810(7). . . . See § 39.810(11). . . .
. . . 18 So.3d 1170, 1178-79 (Fla. 1st DCA 2009) (reversing where the trial court’s findings under section 39.810 . . .
. . . Section 39.810, Florida Statutes (2015), sets forth a list of non-exhaustive factors for a court to consider . . .
. . . Under the provisions of sections 39.810(1)—(11), Florida Statutes, it is in the manifest best interests . . . Under the provisions of sections 39.810(l)-(] 1), Florida Statutes, it is in the manifest best interests . . .
. . . under section 39.806, the termination is in the manifest best interest of the child pursuant to section 39.810 . . .
. . . must then consider whether termination is in the manifest best interest of the child under section 39.810 . . . The trial court properly found that termination was in J.W.’s manifest best interest under section 39.810 . . .
. . . would be in the manifest best interests of the children, under the considerations required by section 39.810 . . . “the manifest best interests of the child” by evaluating the relevant factors listed under section 39.810 . . . Pursuant to section 39.810, these factors include: (1) Any suitable permanent custody arrangement with . . . recommendations for the child provided by the child’s guardian ad litem or legal representative. § 39.810 . . . It also found that termination was in the manifest best interests of the children under section 39.810 . . .
. . . . § 39.810, Fla. Stat. (2015). The Mother’s appeal followed. IV. . . .
. . . 39.806, Florida Statutes; that termination is in the child’s manifest best interests under section 39.810 . . . emotional ties between child and parent are part of the manifest best interest analysis, see section 39.810 . . .
. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .
. . . showing by the Department that termination is in the child’s manifest best interest pursuant to section 39.810 . . . There are eleven manifest best interest factors to be considered under section 39.810, Florida Statutes . . .
. . . l)(i), Florida Statutes (2014); termination is in the manifest best interest of the children, see § 39.810 . . .
. . . So.3d 174, 177 (Fla. 5th DCA 2015) (holding that in order to terminate parental rights under section 39.810 . . .
. . . and convincing-evidence; - 2) Termination is in the manifest best interest of the child under section 39.810 . . . convincing evidence, and that termination was in the manifest best interest of the children under section 39.810 . . .
. . . The trial court’s final judgment includes findings required by section 39.810, Florida Statutes (2013 . . . relevant grounds listed in Florida Statute 39.806 and all of the factors set forth in Florida Statute 39.810 . . .
. . . . § 39.810(1), Fla. Stat. (2014); A.J. v. . . .
. . . was facially insufficient because it did not consider the statutorily required factors under section 39.810 . . . order is facially insufficient for failing to include findings for the statutory factors in section 39.810 . . .
. . . The court then reviewed the factors in section 39.810(1)-(11), Florida Statutes, regarding the manifest . . . See §§ 39.806, 39.810, Fla. Stat. (2012). . . . In making this determination, section 39.810, Florida Statutes, sets forth a list of non-exclusive relevant . . .
. . . Section 39.810(1), Florida Statutes, provides that “the availability of a ... placement with a relative . . .
. . . The court also made findings on the factors required in section 39.810(1)-(11), Florida Statutes, including . . . Florida Statutes; (2) that termination is in the manifest best interest of the child pursuant to section 39.810 . . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . .
. . . with a relative” when assessing the least restrictive means, which is expressly prohibited by section 39.810 . . . Moreover, A.H. did not create an . exception to section 39.810(1) — trial courts still cannot consider . . .
. . . information before making a determination of the manifest best interests of each child under section 39.810 . . . original orders, the trial court had made findings on each of the eleven factors described in section 39.810 . . . When making an analysis under section 39.810, the trial court should reach its decision and state its . . .
. . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . .
. . . parental rights to be terminated for the following reasons: . allegations which correspond to sections 39.810 . . .
. . . .”); § 39.810(1), Fla. . . .
. . . met, and (2) that termination would be in the manifest best interests of the children under section 39.810 . . . Section 39.810 sets forth eleven non-exhaustive factors courts should consider in determining whether . . . of these factors is “[a]ny suitable permanent custody arrangement with a relative of the child.” § 39.810 . . . detailed findings regarding each of the eleven manifest best interest factors set forth in section 39.810 . . . court explained its rationale as follows: The Court therefore considered the provisions of sections 39.810 . . .
. . . Department then asked the case manager whether each of the best interest factors as set forth in section 39.810 . . .
. . . See § 39.810. . . . a litany of questions that simply parroted the manifest best interests factors set forth in section 39.810 . . . See § 39.810(2). . . . The case manager answered this and the other questions derived from section 39.810 with a simple “no. . . . they involved inquiries that basically parroted subsections (3), (4), (5), (6), and (7) of section 39.810 . . .
. . . See §§ 39.806(1)(i), 39.810, Fla. . . .
. . . See § 39.810, Fla. Stat. (2010). A.M. has not demonstrated that this mandate was not followed. . . .
. . . See §§ 39.802(4)(a), (c), 39.810, Fla. Stat. (2010). . . .
. . . The court considered the factors in section 39.810, Florida Statutes, and made the following findings . . . Second, the court must consider under section 39.810 what is in the manifest best interest of the child . . . Section 39.810 further provides that “[f]or the purpose of determining the manifest best interests of . . . recommendations for the child provided by the child’s guardian ad litem or legal representative. § 39.810 . . .
. . . The factors are set forth under section 39.810, Florida Statutes. . . .
. . . cannot conduct an appropriate appellate review because the statutory factors enumerated in section 39.810 . . . rights and remand for entry of an order containing the necessary findings of fact pursuant to section 39.810 . . .
. . . The trial court declined to reach the manifest best interests analysis required by section 39.810(1)- . . . the trial court stated it was not reaching the manifest best interest factors set forth in section 39.810 . . . See § 39.810 (providing that in a hearing on a TPR petition, “the court shall consider the manifest best . . . instance but must remand it for the trial court to fully consider all of the factors set forth in section 39.810 . . . court expressly failed to fully consider all of the manifest best interest factors set forth in section 39.810 . . .
. . . T.R., 987 So.2d 1269 (Fla. 1st DCA 2008) (explaining that under section 39.810(1), Florida Statutes, . . .
. . . Section 39.810, Florida Statutes (2009), provides as follows, “In a hearing on a petition for termination . . . with directions that the trial court conduct further proceedings to consider each factor in section 39.810 . . .
. . . ) (“We nevertheless remand for reconsideration of A.C.’s best interests, in accordance with section 39.810 . . .
. . . requirement that termination must be in the manifest best interests of the child pursuant to section 39.810 . . .
. . . under section 39.806 and that termination is in the manifest best interests of the child under section 39.810 . . . rights under section 39.806 and then consider the manifest best interests of the child under section 39.810 . . .
. . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . . rights was in the manifest best interest of the child, considering the factors set forth under section 39.810 . . .
. . . mother and father, and adding each specific finding that the court is required to make under section 39.810 . . . Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interests . . . Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interest . . .
. . . After addressing some of the “manifest best interests” factors enumerated in section 39.810, the trial . . . failing to address specifically each of the “manifest best interests” factors enumerated in section 39.810 . . . Section 39.810 does not expressly require a trial court to show its consideration of each of the statutory . . . Here, the trial court’s findings under section 39.810 are insufficient to facilitate meaningful appellate . . . This finding was relevant to factor (5) of section 39.810, which is “[t]he love, affection, and other . . .
. . . We also have recognized that a circuit court considering the child’s best interests under section 39.810 . . .
. . . the termination of the Father’s parental rights was in the son’s manifest best interest under section 39.810 . . . See § 39.810(3), (4). . . . . § 39.810(5). . . .
. . . . § 39.810, Fla. . . .
. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . .
. . . trial court, directing the court to “again weigh all relevant factors, including those under section 39.810 . . . court entered a detailed order applying the facts of this case to the factors enumerated in section 39.810 . . . Nonetheless, the court concluded, after considering the factors enumerated in section 39.810, that “it . . .
. . . The petition stated that Department would show, using the criteria set forth in section 39.810(1)-(11 . . .
. . . The trial court concluded, after evaluating the evidence in light of the factors in section 39.810, Florida . . .
. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .
. . . Addressing each of the factors listed in section 39.810, Florida Statutes (2008), the court found that . . .
. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . .
. . . See § 39.810(1), Fla. Stat.; B.F. v. . . .
. . . interest of the child called for the termination of Appellant’s parental rights pursuant to section 39.810 . . .
. . . under section 39.806 and then must consider the manifest best interests of the child under section 39.810 . . .
. . . .” § 39.810(1), Fla. Stat. (2006). . . .
. . . Section 39.810, Florida Statutes (2007), provides a non-exhaustive list of factors a trial court is to . . . the child and may not be considered as a factor weighing against termination of parental rights.” § 39.810 . . . best interests solely on the availability of a relative placement, in direct contravention of section 39.810 . . . On remand, the trial court shall again weigh all relevant factors, including those under section 39.810 . . .
. . . Section 39.810 of the Florida Statutes (2005), sets forth the various considerations involved when determining . . .
. . . Tracking all the relevant factors set forth in section 39.810(1)-(11), Florida Statutes (2006), the Department . . .
. . . Section 39.810, Florida Statutes (2006) provides that the court may consider a relative placement in . . .
. . . , however, conduct appropriate appellate review because the statutory factors enumerated in section 39.810 . . .
. . . mother, appeals from a final order terminating her parental rights pursuant to sections 39.806 and 39.810 . . .
. . . parental rights is in the manifest best interests of the child, considering the factors listed in section 39.810 . . . Dep’t of Children & Families, 942 So.2d 469 (Fla. 4th DCA 2006); see also § 39.810, Fla. . . .
. . . over the child pursuant to sections 39.806(l)(b), 39.806(l)(d)l„ 39.806(l)(d)3., 39.806(l)(f), and 39.810 . . . See § 39.810, Fla. Stat. (2004). . . . Section 39.810, Florida Statutes (2004), begins with the following language: 39.810 Manifest best interests . . . See § 39.810(1), Fla. Stat. (2004). . . . See § 39.810, Fla. Stat. (2004). . . . Department for subsequent adoption, was in the best interests of A.A., within the meaning of section 39.810 . . .
. . . The evidence further supported the trial court’s determination under section 39.810 that it was in the . . .
. . . parental rights to be terminated for the following reasons: .allegations which correspond to sections 39.810 . . . Under the provisions of sections 39.806(1)B(11)39.810(1)-(11), Florida Statutes, it is in the manifest . . . We correct a typographical error in the proposed form 8.981 by deleting "39.806(1)B(11)” and adding "39.810 . . .
. . . ; and to promote the health and well-being of all children under the state’s care”); § 39.001(3); § 39.810 . . .
. . . to be considered in determining whether termination was in E.R.’s best interest pursuant to section 39.810 . . .
. . . Therefore, we find it unnecessary to discuss the trial court’s reasons under sections 39.810(1)-(11), . . .
. . . of A.L.R. and there was some testimony in this regard, but the court never made reference to section 39.810 . . .
. . . evidence that it was in the manifest best interests of the children pursuant to the factors under section 39.810 . . . best interests of the children to terminate KF.’s parental rights pursuant to the factors in section 39.810 . . . In this case, the trial court’s finding pursuant to section 39.810(3) that K.F. could have the capacity . . .
. . . SECTION 39.810 The Father contends that termination was not in the children’s manifest best interests . . . basis to disturb the trial court’s factual findings to the contrary or its other findings under section 39.810 . . .
. . . The Department is required to prove all the elements in section 39.810 to determine whether it is.in . . .
. . . The court must then consider the manifest best interests of the child, pursuant to section 39.810, Florida . . .
. . . The judge concluded that under section 39.810, it would not.be in the manifest best interest of the children . . . The court considered the eleven factors in section 39.810 and found they all supported termination, save . . .
. . . Section 39.810(1), Florida Statutes (2002), requires trial courts to evaluate, inter alia, “[a]ny suitable . . .
. . . Section 39.810, Florida Statutes (2001), sets out eleven factors which the court is required to consider . . . the child to be of sufficient intelligence, understanding, and experience to express a preference. § 39.810 . . .
. . . is currently living with a relative, the trial court failed to give proper consideration to section 39.810 . . .
. . . it has as to each and every factor specifically enumerated in the Manifest Best Interest Statute, FS 39.810 . . . best interests of the child by evaluation of all relevant factors, including those set out in section 39.810 . . . the facts relevant to a determination of the manifest best interests of the children pursuant to F.S. 39.810 . . . requirement is "obsolete, unnecessary, and meaningless” because of the consideration under section 39.810 . . .
. . . Additionally, using the criteria in section 39.810, Florida Statutes (2003), the circuit court found . . . cannot overlook them in attempting to satisfy the child’s manifest best interests pursuant to section 39.810 . . . best interest analysis, but it is clear the court appropriately used the criteria found in section 39.810 . . .
. . . courts should take the loss of child support, present and future, into consideration under section 39.810 . . . Section 39.810(2), Florida Statutes (2003), provides: For the purpose of determining the manifest best . . . See § 39.810, Fla. Stat. (2003). . . . See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). . . . incarcerated parent’s rights when another parent retains custody, which is permitted under section 39.810 . . .
. . . challenge the trial court’s findings regarding the children’s manifest best interests pursuant to section 39.810 . . . 39.806 and proof that termination is in the manifest best interests of the child pursuant to section 39.810 . . .
. . . See §§ 39.810(1)-(11), Fla. Stat. (2003). . . . Séction 39.810, Florida Statutes, provides various factors the trial court must consider when evaluating . . . (where the court suggests that section 39.810, Florida Statutes, “renders the less restrictive means . . . to establish, by clear and convincing evidence and considering the applicable provisions of section 39.810 . . .
. . . the majority that section 39.806(0®; Florida Statutes, is constitutional, but I believe that section 39.810 . . . This is where section 39.810 comes in. . . . We decided Padgett before section 39.810 was enacted. . . . Section 39.810 now provides the filler. . . . Therefore, section 39.810 renders the less restrictive means test unnecessary. . . . In brief response to Justice Cantero’s specially concurring opinion, I agree that section 39.810 contains . . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . . . See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). . . .
. . . The trial court also found, based on the eleven factors contained in section 39.810, that termination . . . section 39.806 and that termination is in the manifest best interests of the child pursuant to section 39.810 . . . provide the necessary food, clothing, medical care, or other material needs of the children,” see § 39.810 . . . would be endangered if the children were returned to the custody of the biological parents,” see § 39.810 . . . and (4) “[t]here are limited emotional ties between the children and the biological mother,” see § 39.810 . . .
. . . See § 39.810, Fla. Stat. (2002). Again, the evidence at trial focused primarily upon the infant. . . . that Judge Sawaya has suggested that the "manifest best interests” considerations set forth in section 39.810 . . .
. . . See § 39.810, Fla. Stat. (2001). . . .
. . . (c) That the manifest best interests of the child, in accordance with s. 39.810, would be served by the . . . Section 39.810 requires that in “determining the manifest best interests of the child, the court shall . . . is whether there is “[a]ny suitable permanent custody arrangement with a relative of the child.” § 39.810 . . . section 39.806 and that termination is in the manifest best interests of the child pursuant to section 39.810 . . . error here relates to its evaluation of the manifest best interests of the child pursuant to section 39.810 . . .
. . . In my view, the provisions of section 39.810, Florida Statutes, make the creation of such a re-buttable . . . Failure to properly consider the manifest best interests of the child under section 39.810 constitutes . . . Section 39.810 requires the trial court to consider and evaluate all relevant factors in determining . . . Next, the trial court must consider under section 39.810(3), whether those same parents now have the . . . , particularly section 39.810(3). . . . RESTRICTIVE MEANS TEST STILL APPLICABLE IN TERMINATION OF PARENTAL RIGHTS CASES IN LIGHT OF SECTION 39.810 . . .
. . . that, on remand, the trial court was to reconsider “A.C.’s best interests, in accordance with section 39.810 . . . Unfortunately, the trial court did not address, directly or indirectly, the factors outlined in section 39.810 . . . Because the trial court did not specifically address the factors set forth in section 39.810, it did . . . remanded to the trial court to consider, expressly and specifically, the factors outlined in section 39.810 . . .
. . . . • The Department noted that under section 39.810, Florida Statutes (2002), when considering the manifest . . . Statutes (2002) has been met and that “the manifest best interests of the child, in accordance with s. 39.810 . . . Section 39.810 provides that in a hearing on a TPR petition, “the court shall consider the manifest best . . . ground for termination of parental rights exists under section 39.806, the quoted language from section 39.810 . . .
. . . See § 39.810, Fla. Stat. (2002). . . .
. . . termination order-findings of fact relating to the best interest of the child as required by section 39.810 . . .
. . . . §§ 39.809(1), 39.810, 39.811, Fla. Stat. (2001). . . .