CopyCited 27 times | Published | Supreme Court of Florida
...CONFLICT IN THE DISTRICT COURTS The question presented to the Second Districtand now to this Courtconcerns 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...
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 3778
...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....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2004 WL 86188
...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....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 412790
...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....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2007 WL 4105543
...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....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19079
the manifest best interests of the children. See §
39.802(4)(a), (c); T.L. v. Dep’t of Children & Family
CopyCited 6 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 362, 2016 Fla. LEXIS 1964
termination under the section has been established. §
39.802(4)(a), Fla. Stat. (2016). In ■ pertinent part
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 11398, 2007 WL 2119245
...(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....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 18798, 2003 WL 22927152
...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....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 900, 2010 WL 364502
...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....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 270699
...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....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1412052
...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)....
CopyCited 3 times | Published | District Court of Appeal of Florida
on sections
39.806(1)(f)-(g). See §
39.802(5), Fla. Stat. (2017) (“When a petition for termination
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
action to terminate the parental rights of M.A. See §
39.802(1), Fla. Stat. (2009) (stating that all proceedings
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 556167, 2012 Fla. App. LEXIS 2671
...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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 WL 2254682
...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....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 21750081
...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)....
CopyCited 1 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 449, 2009 Fla. LEXIS 1124
of the relevant statutory provisions. Under section
39.802, Florida Statutes (2007), the operation of
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...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 enteredeither by written surrender or resulting from a parent's failure to appear....
CopyPublished | District Court of Appeal of Florida
after the children were adjudicated dependent. See §
39.802, Fla. Stat. (2019). DCF alleged sections
39.806(1)(c)
CopyPublished | District Court of Appeal of Florida
parental rights as to all four children under section
39.802, Florida Statutes (2020). Denise E. Kistner
CopyPublished | District Court of Appeal of Florida
termination of J.H.’s rights, and we agree. Although section
39.802(1), Florida Statutes (2018) would allow the
CopyPublished | District Court of Appeal of Florida
the petition, but we need only focus on one. See §
39.802(4)(a), Fla. Stat. (“A petition for termination
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 1605425
dependent in any prior dependency proceeding. §
39.802(4)(b). Because DCF filed an expedited petition
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 9392
parent a case plan with a goal of reunification. §
39.802(5). When any ground for termination is proved
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 9030, 2000 WL 986409
...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)....
CopyPublished | District Court of Appeal of Florida
the manifest best interests of the child. See §
39.802(4)(a), (c); Padgett v. Dep't of Health &
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713
parental rights, thereby conforming the rule to section
39.802(1), Florida Statutes (2004), which was amended
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 419
suitable placement for L.B.W. with a relative. Section
39.802(4) sets forth the elements required for termination
CopyPublished | Florida 2nd District Court of Appeal | 2016 WL 166669
...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)....
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 591671
...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,...
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 18072
grounds alleged in the petition for termination. Section
39.802(4), Florida Statutes (2007), requires that
CopyPublished | District Court of Appeal of Florida
petition. Id. at 324. We stated: Although section
39.802(1), Florida Statutes (2018) would allow
CopyPublished | District Court of Appeal of Florida
petition for termination of parental rights. 1 See §
39.802(1), Fla. 1 A sampling of the termination laws
CopyPublished | Florida 5th District Court of Appeal
relied on other grounds for termination.2 See §
39.802(4)(a), Fla. Stat. (2017) ; S.D. v. Dep't of Child
CopyPublished | Florida 5th District Court of Appeal
relied on other grounds for termination.2 See §
39.802(4)(a), Fla. Stat. (2017); S.D. v. Dep’t of Child
