petition without hearing in Florida

2009We have recognized that chapter 39 provides “certain ‘short-cuts’ for termination proceedings where such termination is sought based on a voluntary surrender of parental rights.” L.O. v. Dep’t of Children and Family Servs., 807 So.2d 810, 812 (Fla. 4th DCA 2002).

2009See L.O., 807 So.2d at 813 (mother was not afforded due process in termination of parental rights proceeding where circuit court failed to hold adjudicatory hearing in contravention of strict procedures established by chapter 39).

2016See Sanchez v. State, 785 So.2d 672 (Fla, 4th DCA 2001). 1 As this Court held fifteen years ago in Sanchez , the trial judge’s summary denial of the petition without a hearing and without providing any explanation as to how the allegations are insufficient is improper.

2016Id. at 677 (explaining that “where the trial court’s action is based on a finding that the allegations are insufficient, the trial court must give a specific basis for that finding”).

2013See also Finfrock v. Fla. Civil Commitment Ctr., 28 So.3d 983, 984 (Fla. 2d DCA 2010) (reversing the trial court which dismissed the petition without a hearing because it was “facially insufficient in that [it] did not state a sufficient claim for relief’).