FORM 8.983. ORDER INVOLUNTARILY TERMINATING
PARENTAL RIGHTS

ORDER INVOLUNTARILY TERMINATING PARENTAL RIGHTS

THIS CAUSE came before this court on .....(all dates of the adjudicatory
hearing)..... for an adjudicatory hearing on the Petition for Termination of
Parental Rights filed by .....(name) ...... Present before the court were:

..... .....(Name)....., Petitioner
..... .....(Name)....., Attorney for the petitioner
..... .....(Name)....., Attorney for the department
..... .....(Name)....., Department caseworker
..... .....(Name)....., Child
..... .....(Name)....., Attorney for Child
..... .....(Name)....., Mother
..... .....(Name)....., Attorney for mother
..... .....(Name)....., Father of .....(child).....
..... .....(Name)....., Attorney for father
..... .....(Name)....., Guardian ad litem
..... .....(Name)....., Attorney for guardian ad litem
..... .....(Name)....., Legal custodian
..... .....(Name)....., Attorney for legal custodian
..... .....(Name)....., Other: ..........

COMMENT: The name of the guardian ad litem and the attorney ad
litem, if appointed, must be listed on the order, even if he or she
was not present at the hearing.
The court has carefully considered and weighed the testimony of all
witnesses. The court has received and reviewed all exhibits.

COMMENT: Add the following only if necessary.
The petitioner has sought termination of the parental rights of .....(parent(s)) who is/are
subject of petition)......

The court finds that the parent(s), .....(name(s))....., has/have .....(list
grounds proved)....., under chapter 39, Florida Statutes. The grounds were
proved by clear and convincing evidence. Further, the court finds that
termination of parental rights of the parent(s), .....(name(s))....., is clearly in the
manifest best interests of the child(ren). The findings of fact and conclusions of
law supporting this decision are as follows:

1. At all stages of these proceedings the parent(s) was/were advised of
his/her/their right to legal counsel, or was/were in fact represented by
counsel.

2. On or about .....(date(s))....., the following occurred: .....(acts which
were basis for dependency or TPR, if filed directly)......

3. The mother has .....(grounds for TPR)..... the minor child(ren)
within the meaning and intent of section 39.806, Florida Statutes, in that:
.....(findings that form the statutory basis for grounds)......

4. The father has .....(grounds for TPR)..... the minor child(ren) within
the meaning and intent of section 39.806, Florida Statutes, in that:
.....(findings that form the statutory basis for grounds)......

5. The minor child(ren) to whom .....(parent’s(s’) name(s))..... parental
rights are being terminated are at substantial risk of significant harm.
Termination of parental rights is the least restrictive means to protect the
child(ren) from harm.

6. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it
is in the manifest best interests of the child(ren) for parental rights of
.....(name(s))..... to be terminated for the reasons below. The court has
considered all relevant factors and finds as follows:

(a) Regarding any suitable permanent custody arrangement
with a relative of the child(ren), the court finds ...........

(b) Regarding the ability and disposition of the parent or parents
to provide the child(ren) with food, clothing, medical care, or other remedial
care recognized and permitted under state law instead of medical care, and
other material needs of the child(ren), the court finds ...........

(c) Regarding the capacity of the parent or parents to care for
the child(ren) to the extent that the child(ren)’s safety, well-being, and
physical, mental, and emotional health will not be endangered upon the
child(ren)’s return home, the court finds ...........
(d) Regarding the present mental and physical health needs of
the child(ren) and such future needs of the child(ren) to the extent that such
future needs can be ascertained based on the present condition of the
child(ren), the court finds ...........
(e) Regarding the love, affection, and other emotional ties
existing between the child(ren) and the child(ren)’s parent or parents,
siblings, and other relatives, and the degree of harm to the child(ren) that
would arise from the termination of parental rights and duties, the court finds
...........

(f) Regarding the likelihood of an older child remaining in long-
term foster care upon termination of parental rights, due to emotional or
behavioral problems or any special needs of the child(ren), the court finds
...........

(g) Regarding the child(ren)’s ability to form a significant
relationship with a parental substitute and the likelihood that the child(ren)
will enter into a more stable and permanent family relationship as a result of
permanent termination of parental rights and duties, the court finds ...........

(h) Regarding the length of time that the child(ren) has lived in
a stable, satisfactory environment and the desirability of maintaining
continuity, the court finds ...........

(i) Regarding the depth of the relationship existing between the
child(ren) and present custodian, the court finds ...........

(j) Regarding the reasonable preferences and wishes of the
child(ren), if the court deems the child(ren) to be of sufficient intelligence,
understanding, and experience to express a preference, the court finds ...........

(k) Regarding the recommendations for the child(ren) provided
by the child(ren)’s guardian ad litem or the legal representative, the court
finds ...........
(l) Regarding other relevant factors including .........., the court
finds ...........

COMMENT: Add items 7, 8, and 9 as applicable.

7. Under section 39.811(6)(..........), Florida Statutes, the court
terminates the parental rights of only .....(parent whose rights are being
terminated)..... as to the minor child(ren), .....(child(ren)’s name(s))......
Specifically, the court finds that .....(specific findings of fact under section
39.811(6), Florida Statutes)......

8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the
court finds that continued grandparental visitation is not in the best interests
of the child(ren) or that such visitation would interfere with the permanency
goals for the child(ren) for the following reasons ...........

9. Under section 39.811(7)(b), Florida Statutes, the court finds that
although parental rights are being terminated, the best interests of .....(names
of child(ren) to which this provision applies)..... support continued
communication or contact by .....(names of parents, siblings, or relatives of the
parent whose rights are terminated and to which this provision applies).....
except as provided above. The nature and frequency of the communication or
contact shall be as follows ........... It may be reviewed on motion of any party or
an identified prospective adoptive parent.

THEREFORE, after weighing the credibility of the witnesses, weighing all
statutory factors, and based on the findings of fact and conclusions of law
above, the court hereby ORDERS AND ADJUDGES THAT:

1. The petition filed by .....(name)..... is granted as to the parent(s),
.....(name(s))......

2. The parental rights of the father, .....(name)....., and of the mother,
.....(name)....., to the child, .....(name)....., are hereby terminated under section
39.806(..........), Florida Statutes.

COMMENT: Repeat the above for each child and parent, as necessary.

3. Under sections 39.811(2) and (5), Florida Statutes, the child(ren),
.....(name(s)) ....., are placed in the custody of .....(agency)..... for the purpose of
subsequent adoption.

4. The 30-day permanency plan required by section 39.811(8),
Florida Statutes, shall be filed and heard at .....(time)..... on .....(date)..... in
.....(location)......
DONE AND ORDERED on .....(date)....., in .....(city and county).....,
Florida.


Circuit Judge

NOTICE

Under section 39.815, Florida Statutes, any child, any parent,
guardian ad litem, or legal custodian of any child, any other
party to the proceeding who is affected by an order of the
court, or the department may appeal to the appropriate District
Court of Appeal within the time and in the manner prescribed
by the Florida Rules of Appellate Procedure, which is 30 days
from the date this order is rendered (signed and filed). A parent
may have the right to a court-appointed attorney as provided
by law.

Under Florida Rule of Juvenile Procedure 8.530, a parent, who
had an attorney in the termination of parental rights
proceeding, shall have 20 days after this order terminating
parental rights is entered to file a motion in the trial court
claiming ineffective assistance of counsel. A parent does not
have the right to a court-appointed attorney to assist the
parent with a motion claiming ineffective assistance of
counsel, but the parent may independently obtain an attorney
to represent the parent in the motion. The motion must
contain the case name, case number, and identify the date the
written order terminating parental rights was entered. The
motion must also contain the current mailing address and e-
mail address, if any, and the phone number(s) of the parent
filing the motion for the purpose of receiving notices and
orders. In the motion, the parent must identify specific acts or
omissions in the attorney’s representation of the parent during
the termination proceedings that the parent claims constituted
a failure to provide reasonable, professional assistance, and the
parent must explain how the errors or omissions prejudiced the
parent’s case to such an extent that but for counsel’s deficient
performance the rights of the parent would not have been
terminated.
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