Florida/Georgia Personal Injury & Workers Compensation

...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. Stat. (2002); § 39.811(2), Fla....

...In the absence of such a finding, the Mother's parental rights may not be terminated pursuant to this subsection. Therefore, to the extent that the trial court's order may be based on this subsection, it must be reversed for the lack of factual findings to support it. § 39.811(5), Fla.Stat....

...For any termination of parental rights under chapter 39, the trial court must find, in addition to the specific grounds contained in section 39.806, that termination is in the best interests of the child. See § 39.810, Fla. Stat. (2003). Each ground for termination must be established by clear and convincing evidence. See § 39.811(2), Fla....

...interests to terminate the mother's parental rights. In finding grounds for termination, the trial court noted that the circumstances that caused the creation of the case plan had not been significantly remedied. The trial court further found, under section 39.811(6)(d) and (e), that circumstances existed to justify terminating one parent's rights without terminating the rights of the other....

...the appeal from the order terminating her rights: (1) whether the trial court erred in terminating her rights based on grounds not alleged in the petition and (2) whether the trial court erred in finding grounds for a single-parent termination under section 39.811(6), Florida Statutes (2006)....

...grounds were independent reasons to terminate her rights. Accordingly, we affirm as to the first issue without further discussion. We agree with the mother, however, that the trial court erred in finding grounds for a single-parent termination under section 39.811(6), which requires a trial court to consider additional factors when terminating one parent's rights without terminating the rights of the other parent. Section 39.811(6), Florida Statutes (2006), provides that a court may terminate the parental rights of only one parent "only" under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a prospective pare...

...Additionally, findings are reversible if there is a lack of competent, substantial evidence to support them. N.L. v. Dep't of Children & Family Servs., 843 So.2d 996, 999 (Fla. 1st DCA 2003). We will consider separately the propriety of both of the trial court's findings under section 39.811(6), beginning with the finding made pursuant to paragraph (e). Section 39.811(6)(e) allows for the termination of only one parent's rights "[i]f the parent whose rights are being terminated meets any of the criteria specified in s....

...1st DCA 2003) (recognizing that "[representations by an attorney for one of the parties regarding the facts ... do not constitute evidence"). Because there is a lack of competent, substantial evidence in the record to support a single-parent termination under section 39.811(6)(e), the validity of this disposition depends on the propriety of the trial court's finding that section 39.811(6)(d) applied. Section 39.811(6)(d) authorizes a trial court to terminate the rights of only one parent if the evidence shows that "the protection of the child demands termination of the rights of a single parent." Section 39.811(6) does not allow for the termination of only one parent's rights in every case where the Department establishes grounds for termination as to only one parent. In fact, section 39.811(6)(e) isolates certain grounds enumerated in section 39.806(1) as the grounds that are sufficient to support a single-parent termination. Sections 39.806(1)(c) and (e) are not listed in this provision. See § 39.811(6)(e)....

...Specifically, the court noted, "The evidence indicates that the dangers and safety concerns for the child result[] from the mother's behavior and not the fathers [sic]." The trial court did not specifically detail the problematic behavior when explaining its decision in terms of section 39.811(6)....

...Accordingly, we must reverse. Conclusion and Instructions We reverse the order terminating the mother's parental rights only as to the trial court's finding that, under the current disposition of the case, a single-parent termination is authorized under section 39.811(6)....

...substantially complied with his case plan and the determination that termination of the father's rights was not in the best interests of the child. We remand both cases. On remand, the trial court may implement any disposition permitted *1180 under section 39.811, provided that it supports the decision with specific and complete findings....

...Thus, after the Father surrendered his rights to B.N., A.N., and R.N., the action to terminate the Mother's parental rights to E.D. proceeded as an action to sever the parental rights of one parent *294 without severing the rights of the other parent. Section 39.811(6) lists the "only" circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent. [2] The petition for termination of parental rights did not allege that any of the circumstances described in section 39.811(6) existed, nor did the Department adduce evidence at the adjudicatory hearing purporting to establish the existence of any of those circumstances. Because termination of the Mother's parental rights to E.D. was not a permitted disposition under section 39.811(6), the final judgment is reversed as it pertains to the Mother's rights to E.D....

...etition to terminate her parental rights. Affirmed in part, reversed in part, and remanded. CASANUEVA and COVINGTON, JJ., Concur. NOTES [1] We are informed that during pendency of this appeal, the Department initiated a search for E.D.'s father. [2] Section 39.811(6) provides: The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a pro...

...Notably, the grounds cited in the final judgment for terminating the Mother's rights to E.D. — abandonment under section 39.806(1)(b) and conduct threatening the child's well-being under section 39.806(1)(c)—are not included in the criteria specified in section 39.811(6)(e). Because the Department did not allege, argue, or present evidence attempting to prove the requirements of section 39.811(6)(d), we express no opinion on the relationship between the ground for termination under section 39.806(1)(c) and the permitted disposition under section 39.811(6)(d)....

...miss the petition. Instead, the trial court authorized the Department of Children and Families (Department) to "re-notice" the matter for further proceedings. We reverse the order and remand for the court to fashion an *1048 order that complies with section 39.811(1), Florida Statutes (2003)....

...and every factor specifically enumerated in the Manifest Best Interest Statute, FS 39.810, together with such evidence as it may have relating to the issue of least restrictive disposition." Finally, the court determined that, "to the extent that FS 39.811 may be read to limit the court's options when the state fails to prove its case thereby precluding the court from ordering the state to proceed as indicated above, the court hereby declares that portion of FS 39.811 unconstitutional as an improper limit on the powers of the court to fashion a proper remedy for the children." The mother, father, and guardian ad litem (GAL) have all appealed the final order....

...Servs., 577 So.2d 565, 571 (Fla.1991)); accord C.B. v. Dep't of Children & Families, 874 So.2d 1246, 1250 (Fla. 4th DCA 2004); V.W., 863 So.2d at 483. [3] With the Department failing to prove a necessary aspect of its termination case, the critical question remains as to the remedy. Section 39.811(1) states that, "if the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence," the court has the following options: (a) If the grounds for dependency have been established, adjudicate or readjudicate the child dependent and: 1....

...No statute or rule permitted the trial court to give the Department a "do-over" after a three and a half-day trial. This is not a case where the Department sought a continuance of the final hearing to secure additional evidence. Neither the Department nor the GAL support the trial court's ruling that section 39.811 is unconstitutional because it acts as an "improper limit on the powers of the court to fashion a proper remedy for the children." We are not sure what constitutional provision and what constitutional analysis the trial court applied in declaring the statute unconstitutional....

...the child dependent, return the child to the parents with the opportunity to retain jurisdiction or end the Department's jurisdiction over the parent-child relationship. We reverse and remand to the trial court to fashion an order that complies with section 39.811....

...en’s right to permanency, in direct conflict with section 39.621. Additionally, we find that the trial court erred by holding that it was unable to terminate Mother’s parental rights because single parent termination is not permitted pursuant to section 39.811(6), Florida Statutes (2014)....

...anifest best interests. The child was re-adjudicated dependent, Appellant's parental rights were terminated, and the child was placed in the Department's permanent care and custody for subsequent adoption. In a separate disposition order pursuant to section 39.811, Florida Statutes (2006), the trial court determined that due to Appellant's own psychological and cognitive limitations, she is simply unable to parent B.W....

...the child was handled safely, was monitored while negotiating stairs and being around electrical outlets, and was properly removed from the high-chair. Appellant was easily distracted by other visitors or toys, sometimes leaving B.W. to play alone. Section 39.811(7)(b), Florida Statutes (2006), gives the trial court discretion to allow continued parent-child contact or other communication, if appropriate and in the child's best interests, after a termination of parental rights....

...during the trial and on the fact that *851 the mother sought treatment for M.B.’s injuries. 2 While noting that DCF did not request a single-parent termination in its petition and did not argue for that result at trial, the trial court stated that section 39.811(6) allowed for a single-parent termination where, as in this case, the trial court determined the parent committed an egregious act or murdered a child....

...est as to both parents (as we discuss with regard to the mother below), we are compelled to clarify that the trial court can order a single-parent termination as to the father if it determines, that is in the manifest best interests of the children. Section 39.811(6)(d) provides that a trial court may terminate the parental rights of one parent without terminating the rights of the other parent “[i]f the protection of the child demands [it].” Single-parent termination is also authorized if a trial court determines that DCF proved the statutory grounds set forth in sections 39.806(l)(d), (f)-(l). § 39.811(6)(e). Because section 39.811 addresses the authority of the court 5 and not the duties of a petitioner, trial courts have the discretion to enter single-parent terminations where *857 the facts justify that result, even in the absence of a specific request by DCF. This case falls squarely within sections 39.811(6)(d) and (e)....

...In my judgment, the state did not prove that the manifest best interests of K.L.B., Jr., would be served by terminating the mother's rights. As did the Fourth District in A.C., I would reverse the order of termination and remand the case for further proceedings, as authorized by section 39.811, Florida Statutes (2000), relating to the trial court's powers of disposition....

...end in eviscerating the bond between the parent and child forever. In looking at the best interests of the child, the Legislature has left open the possibility of allowing continued visitation between a biological parent and child after the parent’s rights have been terminated. See § 39.811(7)(b), Fla....

...1st DCA 1997). In sum, the state did not prove that the manifest best interests of the son would be served by terminating his parents' rights. The trial court's order with respect to G.C. is reversed and remanded for further proceedings in accordance with section 39.811(1)....

...Moreover, the termination of parental rights does not necessarily mean that all bonds are broken between parent and child. A court may allow some continued communication between the parent and children pending adoption, and even after adoption, if it determines that such contact is in the children's best interest. See § 39.811(7)(b), Fla....

...ejudice to the Department to re-institute termination proceedings, if appropriate, at such time as it is evident termination of N.S.' rights is the least restrictive alternative available to protect the life, safety and health of these children. See § 39.811, Fla....

...CONCLUSION For the foregoing reasons, we reverse the final judgment that terminated the Father's parental rights to K.C. and G.C. and the Mother's parental rights to J.P.-B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i)....

...2.3 There are no other custody proceedings pending in any other Court concerning the Child. *14 2.4 It is in the manifest best interest of the Child that this Court terminate the Mother's parental rights to the Child and, pursuant to Sections 39.806 and 39.811, Fla....

...manifest best interest of the Child that this Court terminate the Mother's parental rights to the Child and order the Child to remain in the custody of the Father, [M.R.], pending further order of the Court. The Court FURTHER FINDS that pursuant to Section 39.811(7)(b), Florida Statutes (1999), the Mother is to have no further contact with the Child....

...and was properly filed in the circuit court, I would also reverse the termination of the Mother's parental rights. Because I would reverse the termination of the Father's rights as discussed above, the Mother's termination is subject to the requirements of section 39.811(6). [14] *723 Section 39.811(6) requires a trial court to consider additional factors when terminating one parent's rights without terminating the rights of the other parent....

...irements that were not material at the time the trial court made its ruling. When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent's parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. In this situation, the appellate court will normally be constrained to reverse the parent's judgment because the judgment and record will not contain findings of fact required by section 39.811(6)(a)-(d) sufficient to affirm the judgment as a matter of law. J.T. v. Dep't of Children & Family Servs., 908 So.2d 568, 573 (Fla. 2d DCA 2005) (emphasis added) (footnotes omitted). Here, the Department did not establish any ground for termination under section 39.811(6)(a) through (d), and the Mother's rights were not terminated for one of the grounds specified in section 39.811(6)(e)....

...ble to E.C., termination as to the Father was improper because the Department did not establish that he had failed to remedy the circumstances that caused creation of the plan. This result renders the termination of the Mother's rights subject to subsection 39.811(6), and the Department failed to establish a basis for a single-parent termination. Accordingly, I would reverse the circuit court's order to the extent that it terminated the parents' parental rights to E.C. and remand with instructions to dispose of this case as authorized by subsection 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i)....

...This court previously granted the Department's motion. For the reasons I have explained, I would vacate our prior order granting the Department's motion, enter an order denying this motion, and strike the June 29, 2005, "case plan" from the record. [14] The text of section 39.811(6) is as follows: The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of...

...As the trial court's order makes clear, although Shuler has a finding of fact that he is T.S.'s biological father, this gained him nothing because, as the biological father of a child who was born during the mother's intact marriage, he has no legal rights. Under section 39.811(2), of the Florida Statutes (2007), the trial court was required to decide whether to terminate the parental rights of the mother and the legal father....

...(Supp.1998). Further, the statutes provide that once the court finds that sufficient evidence supports termination it should enter another order of disposition ("final order"), terminating parental rights and ordering custody to an appropriate party. [1] § 39.811, Fla....

...d by clear and convincing evidence on remand ( e.g., L.O.'s voluntary consent was not obtained by fraud or duress), it must still consider whether the termination of L.O.'s parental rights is in the manifest best interests of the child. §§ 39.810, 39.811(5), Fla....

...In this case the fact that some of the children were against termination did not amount to competent substantial evidence, in light of the findings of the trial court that the father's sexual deviancy places the children at extreme risk and the mother refuses to protect the children from him. We accordingly reverse. Section 39.811(7)(b), cited by the Department, authorizes a court to allow parents whose rights are terminated to have "some communication or contact with the child pending adoption if the best interests of the child support this continued communicat...

...*573 We agree with the trial court that the evidence supported a termination of R.C.'s parental rights under section 39.806(1)(c). However, because we have reversed the termination of the Mother's rights, R.C.'s termination is now subject to the requirements of section 39.811(6), Florida Statutes (2003). Section 39.811(6) requires a trial court to consider additional factors when terminating one parent's rights without terminating the rights of the other parent....

...irements that were not material at the time the trial court made its ruling. When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent's parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. [4] In this situation, the appellate court will normally be constrained to reverse the parent's judgment because the judgment and record will not contain findings of fact required by section 39.811(6)(a)-(d) sufficient to affirm the judgment as a matter of law....

...We have concluded that the trial court erred in terminating R.C.'s parental rights under this ground. Thus, there is no support for the termination on this basis. Neither the judgment nor the record contains a basis to permit us to conclude as a matter of law that the termination was proper under 39.811(6)....

...ation proceedings against the Mother, J.T., and R.C. Regardless of the Mother's situation, the Department has the option of initiating single-parent termination proceedings against both R.C. and J.T. where it will be required to prove the factors in section 39.811(6)....

...[2] The father of L.C. was never a party to these proceedings. The father of L.S. was named in the petition for termination of parental rights, but evidence of further proceedings against him is not contained in the record. He is not a party to this appeal. [3] Section 39.811(6) permits single-parent termination under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a prospective parent has been established as unknown after sworn testimony; (c) If the paren...

...Petitioners are the foster parents of B.E., a young boy who has been in their care for the past three years. B.E.’s parents’ parental rights were terminated on November 30, 2012. The final judgment of termination of parental rights committed *495 B.E. to DCF for subsequent adoption. See § 39.811(2), Fla....

...(k) Regarding the recommendations for the child provided by the child'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)........

...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, Tthe 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)........

...ests because he cared for them while the mother worked, never abused them, and provided for them when financially able. We find no basis to disturb the trial court's factual findings to the contrary or its other findings under section 39.810(1)(11). SECTION 39.811(6) This case was a one-parent termination case implicating section 39.811(6). Section 39.811(6) does not provide grounds for termination of parental rights. Rather, even if grounds for termination are proved and termination is in the child's manifest best interests, section 39.811(6) limits the court's power to dispose of the case by termination when one parent's rights are to be severed without severing the rights of the other parent. Section 39.811(6)(e) permits termination only when the parent meets the criteria specified in section 39.806(1)(d) and (f)-(i). The trial court made no ruling with regard to section 39.811(6)(e). However, the trial court found that the Department proved grounds for termination under section 39.806(1)(f) and (g), which fall squarely within the scope of section 39.811(6)(e). Therefore, the trial court's statutory power to terminate was evident on the face of the order; the trial court was not required to make a specific finding under section 39.811(6)(e)....

...We request a minimum 6 month supervisory period in order to monitor this placement and assure that stability will be maintained. Subsequently, the three children's parents signed voluntary surrenders, and their parental rights were terminated. See § 39.811, Fla....

...has been in foster care for longer than one year, contrary to the intent of the statute. The Buckners further point out that Chapter 39 provides the court with the authority *1291 to assure that progress is being made toward a permanent adoptive placement. See §§ 39.811, 39.812, Fla. Stat. (2003). Section 39.811(9) provides: The court shall review the status of the child's placement and the progress being made toward permanent adoptive placement....

...The statute also provides for a guardian ad litem's input with regard to the appropriateness of adoptive placement of a child. [3] The Buckners' contentions are more properly raised by S.H.'s legal representative in judicial review proceedings conducted in the juvenile court pursuant to section 39.811(8), Florida Statutes....

...been terminated are "governed by s. 39.812 and this chapter." [3] Although we conclude that the Buckners' lack of standing is a procedural bar to this action, we acknowledge the need for S.H. to have an independent voice in the courtroom. We believe section 39.811(9), Florida Statutes (2003) contemplates that S.H....

...(Father) appeal an order terminating their parental rights to three children. We conclude that the trial court erred in terminating the parental rights of the Father. Although the evidence supported a termination of the Mother's parental rights, our reversal as to the Father invokes the requirements of section 39.811(6), Florida Statutes (2003)....

...Having concluded that the Father's rights were, at least, prematurely terminated, we are confronted by the Mother's status. The Department unquestionably presented clear and convincing evidence establishing grounds for a termination of her rights. However, the trial court did not consider the factors in section 39.811(6), which govern the termination of only one parent's rights....

...For example, it might not be necessary to terminate her rights if the Father gains sole custody of the children and the Mother is granted only limited supervised visitation with the children. We cannot make a decision at this time regarding the requirements of section 39.811(6) and do not mandate any specific decision by the trial judge. We do not reverse the trial court's determination that the Department established grounds for the termination of the Mother's rights. We merely reverse that termination so that the trial court can make a proper decision under section 39.811(6) at a later point in these proceedings....

...Following a termination hearing, the trial court is required to either (1) deny the petition for termination of parental rights and either (a) adjudicate the children dependent or (b) dismiss the petition for termination, or (2) grant the petition to terminate parental rights. § 39.811(1)(a)(b), (2), Fla....

...ntiary hearing. If the evidentiary hearing is conducted subsequent to the adjudication of the child, the court shall supplement the adjudicatory order, disposition order, and the case plan, as necessary. With the exception of proceedings pursuant to section 39.811, [2] the child's dependency status may not be retried or readjudicated....

...[4] AFFIRMED, in part; REVERSED, in part; REMANDED for entry of a Supplemental Adjudicatory Order consistent with this Opinion. PALMER, C.J. and TORPY, J., concur. NOTES [1] In fairness to the trial judge, the statute became effective only six days prior to the July 7, 2008 evidentiary hearing. [2] Section 39.811, Florida Statutes (2008) pertains to termination of parental rights proceedings....

...We explained that if a court determines that termination is not the appropriate disposition for such a petition, the court’s options are limited by statute. It can either adjudicate the children dependent or simply dismiss the petition. Id. at 982 ; see § 39.811(1), Fla....

...nd manifest best interests, permitting the parties to present additional evidence relevant to these issues. Reversed and remanded. LaROSE and VILLANTI, JJ., Concur. . As our en banc decision described, the reference to "grounds for termination” in section 39.811(1) does not refer to a statutory ground under section 39.806 but rather to all of the elements that must be proven to entitle the State to terminate parental rights under section 39.802(4), Florida Statutes (2009)....

...f the case plan tasks for the mother, would not be equally as safe for the children. There is competent and substantial evidence of a commitment to change by the mother since June 2016, and to now complete her case plan tasks. Therefore, pursuant to section 39.811 (l)(a)(l), Florida Statutes, this Court, as outlined below, will re-adjudicate the children as dependent, and continue the children in out of home care under an extended six month case plan....

...[T]he purpose of TPR is to allow the children a chance to be adopted, and given the fact that the mother’s parental *1003 rights are not being terminated at this time, these children cannot be adopted, even if the father’s rights are terminated. While the court acknowledges that section 39.811 (6)(e), Florida Statutes, allows the Court to terminate the rights of one parent and not the other in this situation, the Court declines to exercise such discretion at this time....

...The trial court declined to terminate Father's parental rights despite its acknowledgement that it could do so without terminating the rights of Mother “[i]f the parent whose rights are being terminated meets any of the criteria specified in s. 39.806(l)(d) and (film).” § 39.811(6)(e), Fla....

...1st DCA 1985) (recognizing the principle in the context of permanent commitment). Appellee goes on to state that the termination of appellant's parental rights can not stand given the nature of the order against the father. As support for this proposition, appellee relies upon the requirements set forth in section 39.811(6), Florida Statutes....

...This statute identifies a list of circumstances which will permit the severing of one parent's rights without severing the parental rights of the other parent. According to appellee, at least one of these circumstances must be present for such a termination of rights to occur. See § 39.811(6), Fla. Stat. Continuing down this line of reasoning, appellee notes that because section 39.811(6), Florida Statutes, does not permit a court to terminate parental rights as to only one parent based upon section 39.806(1)(c) or (e), Florida Statutes, the trial court could not have relied upon either of the Department's stated grounds for terminating appellant's parental rights in this case....

...termination order as to the Mother as well. Unique problems arise when both parents’ parental rights are terminated in a single proceeding and the appellate court subsequently determines that the termination of one parent’s rights was improper. Section 39.811(6) requires a trial court to consider additional factors when terminating one parent’s rights without terminating the rights of the other parent....

...2d DCA 2005) (one footnote omitted; emphasis added). Here, the order terminating the Mother’s parental rights reflects that her rights were terminated solely based on her failure to complete her case plan under section 39.806(l)(e), Florida Statutes (2008). This is not a ground specified in section 39.811(6)(e), and the Department did not put on evidence to establish any other ground for termination under section 39.811(6)(a) through (d)....

...Accordingly, in light of our reversal of the order terminating the Father’s parental rights, we must also reverse the termination order as to the Mother and remand for further proceedings. Reversed and remanded for further proceedings. CASANUEVA, C.J., and ALTENBERND, J., Concur. . Section 39.811(6) permits single-parent termination under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a prospective parent has been established as unknown after sworn testimony; (c) If the paren...

...rminated meets any of the criteria specified in s. 39.806(l)(d) and (f)-(i). When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent’s parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. In this situation, the appellate court will normally be constrained to reverse the parent’s judgment because the judgment and record will not contain findings of fact required by section 39.811(6)(a)-(d) sufficient to affirm the judgment as a matter oflaiv.

...Sometime after the petition was filed, the Department located the biological father of three of the children and began pursuing reunification of this father and his children. As a result, the Department dismissed that portion of the petition for termination involving these three children. See, e.g., § 39.811(6), Fla....

...erest. It is difficult to read the testimony of this father who wants to be a parent to his child, or at least be involved in her life, and not to allow him to have that opportunity. The statutory framework for termination gives few options. See § 39.811, Fla. Stat. (2013). Pursuant to section 39.811(7)(b), Florida Statutes (2013), the court has the authority to make orders allowing continued contact with the parents if it is in the child’s best interest....

...NOTES [1] Because a single order was prepared for all four children, the daughters are technically parties to this appeal. No issue has been raised concerning their cases, and we affirm the terminations of parental rights as to the daughters. Only D.S. is affected by this appeal. [2] Section 39.811(6), Florida Statutes (2002), provides that the parental rights of one parent may be severed without severing the parental rights of the other parent only under certain circumstances. Thus, in this case, M.R.'s parental rights could be terminated only if the termination was based upon the grounds specified in section 39.811(6).

...Dep't of Children & Families, 887 So.2d 1046, 1050 (Fla.2004). A trial court's finding of clear and convincing evidence is reversible only if clearly erroneous or lacking in evidentiary support. In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). Section 39.811(6), Florida Statutes, establishes circumstances under which the parental rights of one parent may be terminated without severing the rights of the other. The qualifying circumstances found in section 39.811(6) include: (a) if the child has only one surviving parent (not the case here); (b) the identity of the other parent is established as unknown by sworn testimony (inapplicable); (c) the parent whose rights are to be terminated became a...

...at results in serious bodily injury to the child or another child (inapplicable); and (i) comes into play when parental rights of the parent to a sibling have been involuntarily terminated (inapplicable). The only possible applicable subsections are 39.811(6)(d) or 39.806(1)(d)....

...A.W., 816 So.2d 1261 (Fla. 2d DCA 2002) (holding that thirty-three percent was not substantial). Therefore, it is clear that single parent termination was not warranted by this subsection. Further, even were we to conclude that the findings under subsection 39.811(6)(d) are supported by clear and convincing evidence, D.L....

...Dep’t of Children & Families, 887 So.2d 1046, 1050 (Fla.2004). A trial court’s finding of clear and convincing evidence is reversible only if clearly erroneous or lacking in evidentiary support. In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). Section 39.811(6), Florida Statutes, establishes circumstances under which the parental rights of one parent may be terminated without severing the rights of the other. The qualifying circumstances found in section 39.811(6) include: (a) if the child has only one surviving parent (not the case here); (b) the identity of the other parent is established as unknown by sworn testimony (inapplicable); (c) the parent whose rights are to be terminated became a...

...at results in serious bodily injury to the child or another child (inapplicable); and (i) comes into play when parental rights of the parent to a sibling have been involuntarily terminated (inapplicable). The only possible applicable subsections are 39.811(6)(d) or 39.806(l)(d)....

...A.W., 816 So.2d 1261 (Fla. 2d DCA 2002) (holding that thirty-three percent was not substantial). Therefore, it is clear that single parent termination was not warranted by this subsection. Further, even were we to conclude that the findings under subsection 39.811(6)(d) are supported by clear and convincing evidence, D.L....

...CONCLUSION For the foregoing reasons, we reverse the final judgment that terminated the Father’s parental rights to K.C. and G.C. and the Mother’s parental rights to J.P.B., K.C., and G.C. On remand, the circuit court should dispose of these cases as authorized by section 39.811(1) and Florida Rule of Juvenile Procedure 8.525(i)....

...on October 15, 2024. The petition alleged egregious conduct, pursuant to section 39.806(1)(f), Florida Statutes (2024), and chronic abuse, pursuant to section 39.806(1)(g). The petition also alleged grounds for single parent termination pursuant to section 39.811(6)....

...*573 We agree with the trial court that the evidence supported a termination of R.C.’s parental rights under section 39.806(l)(c). However, because we have reversed the termination of the Mother’s rights, R.C.’s termination is now subject to the requirements of section 39.811(6), Florida Statutes (2003). Section 39.811(6) requires a trial court to consider additional factors when terminating one parent’s rights without terminating the rights of the other parent....

...irements that were not material at the time the trial court made its ruling. When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent’s parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. 4 In this situation, the appellate court will normally be constrained to reverse the parent’s judgment because the judgment and record will not contain findings of fact required by section 39.811(6)(a)-(d) sufficient to affirm the judgment as a matter of law....

...We have concluded that the trial court erred in terminating R.C.’s parental rights under this ground. Thus, there is no support for the termination on this basis. Neither the judgment nor the record contains a basis to permit us to conclude as a matter of law that the termination was proper under 39.811(6)....

...ion proceedings against the Mother, J.T., and R.C. Regardless of the Mother’s situation, the Department has the option of initiating single-parent termination proceedings against both R.C. and J.T. where it will be required to prove the factors in section 39.811(6)....

...The father of L.C. was never a party to these proceedings. The father of L.S. was named in the petition for termination of parental rights, but evidence of further proceedings against him is not contained in the record. He is not a party to this appeal. . Section 39.811(6) permits single-parent termination under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a prospective parent has been established as unknown after sworn testimony; (c) If the paren...

...The court terminated the father’s parental rights. In its final judgment, the court found that the father had abandoned his children, had a history of absconding with the children, had failed to make any provisions for the children’s support, and that pursuant to section 39.811(6)(d), the protection of the children warranted the termination of the father’s parental rights....

...However, in light of our decision to reverse the lower court's order terminating the parental rights of D.R.'s father in 5D04-4148, who is now married to Appellant, we reverse that portion of the lower court's order that terminated Appellant's rights in D.R. and remand this cause for further proceedings under section 39.811(6), Florida Statutes (2005), consistent with the holding in N.M....

...rights to his child, G.R. Appellant argues, and the Florida Department of Children and Families (“Appel-lee”) concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla....

...This Court has carefully reviewed the record on appeal and noted that the trial transcript includes a detailed and thoughtful oral pronouncement by the trial court, which sets forth findings of fact, evaluations of witness credibility, as well as explanations of the court’s findings and conclusions of law. Section 39.811(5), however, requires the written order to state the facts upon which the trial court’s ruling is based....

...This Court has carefully reviewed the record on appeal and noted that the trial transcript includes a detailed and thoughtful oral pronouncement by the trial court, which sets forth findings of fact, evaluations of witness credibility, as well as explanations of the court’s findings and conclusions of law. Section 39.811(5), however, requires the written order to state the facts upon which the trial court’s ruling is based....

Families to file an Adoption Case Plan pursuant to section 39.811(8), Florida Statutes (2017), which the court

...parental rights to her children, G.R. and J.M. Appellant argues, and the Florida Department of Children and Families (“Appellee") concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla....

...ted that the trial transcript includes a detailed and thoughtful oral pronouncement by the trial court, which sets forth findings of fact, evaluations of witness credibility, as well as explanations of the court's findings and conclusions of law. Section 39.811(5), however, requires the written order to state the facts upon which the trial court’s ruling is based....

...parental rights to his child, G.R. Appellant argues, and the Florida Department of Children and Families (“Appellee") concedes, that the final judgment terminating Appellant’s parental rights does not contain the findings of fact required by law. See § 39.811(5), Fla. Stat....

...ted that the trial transcript includes a detailed and thoughtful oral pronouncement by the trial court, which sets forth findings of fact, evaluations of witness credibility, as well as explanations of the court's findings and conclusions of law. Section 39.811(5), however, requires the written order to state the facts upon which the trial court’s ruling is based....

...rule might well provide guidance to trial judges as to what type of delay is acceptable. Even though the rules do not provide guidance, the legislature has weighed in on an appropriate time within which to issue an order of disposition in a TPR case. Effective October 1, 2019, section 39.811(5), Florida Statutes provides: If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made. Ch....

...of the mother’s rights, the record does not reflect whether the fathers’ parental rights have been terminated. As the Department of Children and Families and the Guardian Ad Litem concede, the court’s order also does not discuss the factors in section 39.811(6), Florida Statutes, which limit the court’s power to terminate the rights of one parent without terminating the rights of the other parent....

...Given this absence, and the problem of sending the children for adoption in this circumstance, we reverse and remand for further proceedings. See In re V.M., 893 So.2d 595, 597 (Fla. 2d DCA 2005) (“We cannot make a decision at this time regarding the requirements of section 39.811(6) and do not mandate any specific decision by the trial judge. We do not reverse the trial court’s determination that the Department established grounds for the termination of the Mother’s rights. We merely reverse that termination so that the trial court can make a proper decision under section 39.811(6) at a later point in these proceedings.”)....

...However, given the record evidence of the child’s behavioral decompensation when on unsupervised visits with the mother, we reverse this aspect of the final judgment and remand to the trial court to make specific findings regarding the frequency and degree of contact between the child and the mother. § 39.811(7)(b), Fla....

...that she failed to substantially comply with her case plan. Because the Department failed to prove statutory grounds for termination of the mother’s parental rights, we reverse and remand for the trial court to “fashion an order that complies with section 39.811, Florida Statutes.” J.J....

..., to the child, . (name).. are hereby terminated. COMMENT: Repeat for each child and parent, as necessary. 3. 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....

...lenge the final judgment terminating J.H.’s rights. She was not a party to DCF’s petition to terminate J.H.’s rights. Moreover, once the trial court determines to terminate parental rights of a child in DCF custody, as these children are under section 39.811(2), Florida Statutes (2018), placement is for purposes of adoption....

evidence for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

...used the criteria found in section 39.810. A more troubling procedural irregularity is the fact that the court proceeded under the wrong statute in terminating H.P.’s rights. It cited section 39.806 as the statutory basis for termination. However, section 39.811 provides the only circumstances under which one parent's rights may be terminated when the rights of another parent remain intact....

...Dep’t of Children & Family Servs. (In re E.D.), 884 So.2d 291 (Fla. 2d DCA 2004). We note that the uncertainty of the resolution of the father's case probably contributed to this error. Nonetheless, it appears that none of the grounds for termination in section 39.811 would apply to H.P. But because H.P. has not advanced any argument regarding the applicability of section 39.811, we decline to find error in proceeding under this section....

...8.000; A.L. v. Dep't of Health & Rehabilitative Servs., 711 So.2d 600, 601 (Fla. 2d DCA 1998) (stating that termination of parental rights proceedings are governed by the rules of juvenile procedure, not the rules of civil procedure). The parties agree that section 39.811(6), Florida Statutes (2007), sets forth a list of circumstances that will allow the severing of one parent's rights without the severing of the other parent's rights; and that the trial court affirmatively declined to make necessary fi...

...(“the Mother”) appeals from the trial court’s order terminating her parental rights as to her three-year-old daughter—A.A. (“the Child”). Because we find that the trial court’s final order terminating the Mother’s parental rights was untimely issued, in violation of section 39.811(5), Florida Statutes (2019), we must reverse and remand for a new hearing and need not address the merits of the trial court’s decision. Background A.A....

...the trial court issued an oral ruling granting the petition. However, the trial court did not issue a written order of disposition until May 27, 2020. Analysis During the 2019 legislative session, the legislature added paragraph (5) to section 39.811, Florida Statutes....

...This new paragraph states: If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made. § 39.811(5), Fla. Stat. (2019) (emphasis added). This statutory provision became effective on October 1, 2019—prior to the completion of the termination of parental rights (“TPR”) bench trial. See Ch. 2019-128, § 12, Laws of Fla. (2019). Accordingly, section 39.811(5) established a mandatory timeline for the issuance of a written order....

...failed to make a showing that “something [was] seriously amiss on the merits.” Id. (quoting Ascontec Consulting, Inc. v. Young, 714 So. 2d 585, 587 (Fla. 3d DCA 1998)). While factually similar, K.G. was decided prior to the effective date of section 39.811(5)....

...Consequently, the trial court erred by failing to adhere to the timeliness requirement contained therein. Because the statutory language is binding, we are compelled to reverse and remand for a new hearing and a “written order of disposition [rendered] within thirty days after conclusion of the hearing.” § 39.811(5), Fla....

...v. Department of Children and Families, 186 So. 3d 74 (Fla. 3d DCA 2016) (“M.C. I”) in which we reversed the trial court’s termination of the mother, M.C.’s, parental rights as to E.C. and G.C., and directed the court to follow the procedure set forth in section 39.811 of the Florida Statutes (2015) to determine whether the evidence adduced at the adjudicatory hearing nevertheless supports a lesser adjudication of dependency as to either child....

...lan," and we noted parenthetically that the Department did not even offer any evidence "that leaving the Child in the custody of the Mother would lead to abuse, abandonment, or neglect." Id. at 213. We remanded for further proceedings pursuant to section 39.811....

...), but we are loath to affirm an adjudication of dependency based on evidence that a nursing new mother is a tired smoker. We therefore reverse the order adjudicating the Child dependent and remand for dismissal of the petition. See § 39.811(1)(b) (providing that if grounds for termination of parental rights have not been established by clear and convincing evidence and grounds for dependency have not been established, the trial court shall dismiss the petition)....

...item or the legal representative, the court finds......................... ( l ) Regarding other relevant factors including........................., the court finds......................... *57 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)........

...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)........

proceed with adoption of a child in its custody. § 39.811(2). If the court finds that DCF has not met its

...the manifest best interest and the least restrictive means standards and failed to raise the argument presented on appeal at trial). Father's final argument is that the trial court entered an improper single-parent termination order in violation of section 39.811(6), Florida Statutes (2016), by terminating his parental rights without terminating Mother's parental rights....

...the manifest best interest and the least restrictive means standards and failed to raise the argument presented on appeal at trial). Father's final argument is that the trial court entered an improper single-parent termination order in violation of section 39.811(6), Florida Statutes (2016), by terminating his parental rights without terminating Mother's parental rights....

...M.W., the Mother, appeals the circuit court’s denial of her motion to set aside the final judgment of termination of parental rights to G.M. 1 She argues that the court erred by failing to make sufficient findings to support a single-parent termination order under section 39.811(6), Florida Statutes (2011)....

...The Mother filed a motion to set aside the final judgment as to the termination of her parental rights because the judgment had already been reversed as to the termination of the Father’s parental rights and the court had not made findings sufficient to support a single-parent termination order under section 39.811(6), Florida Statutes....

...The Father surrendered his parental rights on April 12, 2012, and a final judgment terminating his parental rights was entered on April 23, 2012, nunc pro tunc to April 12, 2012. “The intervening termination of the [Father’s] rights obviates any alleged need for the trial court to make findings under section 39.811(6)....” A.G....

...e age of eighteen months — was failing to thrive. 2 The testimony presented at trial did not convince the trial court of the need to terminate the father’s parental rights. However, the court found the child to be dependent within the meaning of section 39.811(l)(a), Florida Statutes (2011)....

...In the absence of such a finding, the Mother’s parental rights may not be terminated pursuant to this subsection. Therefore, to the extent that the trial court’s order may be based on this subsection, it must be reversed for the lack of factual findings to support it. § 39.811(5), Fla.Stat....

termination is subject to the requirements of section 39.811(6).14 *723Section 39.811(6) requires a trial

Add items 7, 8, and 9 as applicable, 7. Under section 39.811 (6)(-..-), Florida Statutes, the court tenninates

...termination also is based on abandonment and making the required findings. See § 39.809(5), Fla. Stat. (2020) (requiring order on adjudicatory hearing for termination of parental rights petition to contain findings of fact and conclusions of law); § 39.811(5), Fla....

Statutes. The significance of this is that section 39.811(6), Florida Statutes (2024), governs single

...Terminating appellant’s parental rights under the facts presented below was not a narrowly tailored remedy and was not the least restrictive means of protecting the child. Accordingly, the order terminating the parental rights of the appellant is REVERSED and REMANDED for further proceedings as authorized by section 39.811, Florida Statutes....

...erent categories. On September 20, 2001, after the match staffing was completed, DCF gave consent to K.W. and M.W. to adopt B.G.J. On October 29, 2001, B.G.J.’s guardian ad litem filed an objection to DCF’s selection of K.W. and M.W. pursuant to section 39.811(9), Florida Statutes (2001)....

...s because he cared for them while the mother worked, never abused them, and provided for them when financially able. We find no basis to disturb the trial court’s factual findings to the contrary or its other findings under section 39.810(1)-(11). SECTION 39.811(6) This case was a one-parent termination case implicating section 39.811(6). Section 39.811(6) does not provide grounds for termination of parental rights. Rather, even if grounds for termination are proved and termination is in the child’s manifest best interests, section 39.811(6) limits the court’s power to dispose of the case by termination when one parent’s rights are to be severed without severing the rights of the other parent. Section 39.811(6)(e) permits termination only when the parent meets the criteria specified in section 39.806(l)(d) and (f)-(i). The trial court made no ruling with regard to section 39.811(6)(e). However, the trial court found that the Department proved grounds for termination under section 39.806(l)(f) and (g), which fall squarely within the scope of section 39.811(6)(e). Therefore, the trial court’s statutory power to terminate was evident on the face of the order; the trial court was not required to make a specific finding under section 39.811(6)(e)....

...the option of Another Planned Permanent Living Arrangement under section 39.6241, Florida Statutes. The Guardian ad Litem joins in the concession of error. The Department suggests that the mother does not qualify for single-parent termination under section 39.811(6), Florida Statutes, and therefore her appeal should also result in a reversal....

...Because a single order was prepared for all four children, the daughters are technically parties to this appeal. No issue has been raised concerning their cases, and we affirm the terminations of parental rights as to the daughters. Only D.S. is affected by this appeal. . Section 39.811(6), Florida Statutes (2002), provides that the parental rights of one parent may be severed without severing the parental rights of the other parent only under certain circumstances. Thus, in this case, M.R.’s parental rights could be terminated only if the termination was based upon the grounds specified in section 39.811(6).

...one parent’s rights was improper.” In the Interest of R.R., a child, I.R. v. Dep’t of Children & Family Servs., 18 So.3d 26, 27 (Fla. 2d DCA 2009). When terminating one parent’s rights without terminating the rights of the other parent, section 39.811(6), Florida Statutes (2016), requires consideration of additional factors by the trial court....

...erial at the time the trial court made its ruling.” I.R., 18 So.3d at 27 . When an appellate court reverses the termination of parental rights as to one parent and the trial court has made no ruling with regard to a single-parent termination under section 39.811(6) concerning the other parent, the appellate court can still affirm the single-parent termination if the actual ground for termination as to that parent stated in the judgment is one of the grounds described in section 39.811(6)(e) and that portion of the judgment is otherwise affirmable. On the other hand, an appellate court will typically be unable to uphold a single-parent termination if one parent’s parental rights are terminated for a ground not contained in section 39.811(6)(e), such as failure to complete a case plan. In this situation, the appellate court will normally be constrained to reverse the parent’s judgment because the judgment and record will not contain findings of fact required by section 39.811(6) (a)-(d) sufficient to affirm the judgment as a matter of law....

...Here, the order terminating the Mother’s parental rights reflects that the termination was primarily based on section 39.806(l)(e), Florida Statutes, due to the failure to complete her case plan. The Department did not put on evidence to establish any other grounds for termination under section 39.811(6)(a)-(d)....

...The order on appeal does not adequately address the issue of future visitation. We are inclined to believe that this issue was inadvertently omitted from the order. The trial court has authority to permit structured contact between these children and their father. See § 39.811(7)(b), Fla....

...On remand, the trial court is free to receive additional evidence before exercising its discretion on the issue of future contact between the father and the children. Because we are remanding on this issue, we point out that the order on appeal does not affect the grandparents' right to contact D.W. and C.W. See § 39.811(7)(a), Fla....

contact between these children and their father. See § 39.811(7)(b), Fla. Stat. (1997). We reverse the order

...(amending §§ 39.402(8)(h), 39.407(3)(d)1., 39.407(6)(g)2., 39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(4), Fla. Stat., effective July 1, 2019); ch. 2019-128, §§ 1-4, 6-7, 10, 12, Laws of Fla. (amending §§ 39.001(3), 39.0136, 39.402(18), 39.507(7)(c), 39.522(1), 39.6011(2)(e), 39.6011(4), 39.621(10)(a), and 39.811(5), Fla....

...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)........

...to the child, .....(name)....., are hereby terminated under section 39.806(..........), Florida Statutes. - 57 -  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)........

...(Father) appeal an order terminating their parental rights to three children. We conclude that the trial court erred in terminating the parental rights of the Father. Although the evidence supported a termination of the Mother’s parental rights, our reversal as to the Father invokes the requirements of section 39.811(6), Florida Statutes (2003)....

...Having concluded that the Father’s rights were, at least, prematurely terminated, we are confronted by the Mother’s status. The Department unquestionably presented clear and convincing evidence establishing grounds for a termination of her rights. However, the trial court did not consider the factors in section 39.811(6), which govern the termination of only one parent’s rights....

...For example, it might not be necessary to terminate her rights if 'the Father gains sole custody of the children and the Mother is granted only limited supervised visitation with the children. We cannot make a decision at this time regarding the requirements of section 39.811(6) and do not mandate any specific decision by the trial judge. We do not reversé the trial court’s determination that the Department established grounds for the termination of the Mother’s rights. We merely reverse that termination so that the trial court can make a proper decision under section 39.811(6) at a later point in these proceedings....

...2d DCA 2001) (citing J.L.C. v. Dep't of Children & Family Servs., 750 So. 2d 38 (Fla. 2d DCA 1995)). Accordingly, we reverse the trial court's order terminating the Mother's parental rights, and we remand for further proceedings pursuant to section 39.811. KELLY, MORRIS, and ATKINSON, JJ., Concur. - 20 - 

...On the first two issues, we summarily affirm because the Mother was not deprived of due process and the trial court’s abandonment finding was not based on stale information. We write only to address the Mother’s final argument that the recent amendment to section 39.811(5), Florida Statutes (2019), requires remand for a new hearing to determine whether circumstances have changed, necessitating a supplemental adjudicatory hearing and TPR order....

...her case plan and abandonment of the Child. Our focus in this opinion is the trial court’s failure to issue the written order of termination until five months after the TPR hearing. During the 2019 legislative session, the Florida legislature added paragraph (5) to section 39.811, Florida Statutes....

...This new paragraph states: If the court terminates parental rights, the court shall enter a written order of disposition within 30 days after conclusion of the hearing briefly stating the facts upon which its decision to terminate the parental rights is made. § 39.811(5), Fla....

...judgment. To reverse, there must be a combination of delay plus an indication that something is seriously amiss on the merits. Id. at 1230 (internal citations and quotation marks omitted). Although K.G. was decided after the amendment to section 39.811, the opinion was issued before the effective date of the amended statute....

...onal alternatives within thirty days after the conclusion of the adjudicatory hearing. This raises a question as to the validity of the written order and what action, if any, an appellate court should take when the trial court’s noncompliance with section 39.811(5) is presented on appeal. “If a court is to wait so long to issue a final judgment in a termination of parental rights case, the court may well need to hold an additional hearing to determine what has transpired in the child’s life before entering the ultimate order affecting the child’s future.” A.D. v. Dep’t of Children & Families, 273 So. 3d 1016, 1020 (Fla. 4th DCA 2019). The amendment to section 39.811 validates the concern expressed in A.D....

...longer incarcerated and has attended judicial review hearings during the five-month period between the TPR hearing and the issuance of the final order. The latter claim is not supported by the record. We put aside the issue as to whether a trial court’s noncompliance with section 39.811(5) can ever constitute “fundamental error,” though noting, again, that the 5 rules of juvenile procedure already provide an opportunity to bring “changed circumstances” to the attention of the trial court....

...appeals from the order terminating her parental rights to her eight-year-old son, E.G. We dismiss the appeal because we have concluded that the issues she raises are moot. A.G. first contends that the order terminating her parental rights must be reversed because the trial court failed to address section 39.811(6), Florida Statutes (2003), which specifies when the court has the power to terminate the rights of one parent without terminating the other parent’s rights....

...When A.G.’s rights were terminated, the Department was still in the process of terminating the parental rights of two men who A.G. had named as prospective fathers. 1 Thus, she contends that *313 this was a single parent termination and that the trial court should have considered section 39.811(6)....

...The issues raised by the mother have “ceased to exist” and, therefore, reversal and remand to the trial court would have no practical effect. The intervening termination of the prospective fathers’ rights obviates any alleged need for the trial court to make findings under section 39.811(6) or to consider whether the rights of the military prospective father under the Servicemembers Civil Relief Act have *314 any bearing on whether to terminate the mother’s rights....

...Accordingly, we dismiss the appeal. Dismissed. VILLANTI and WALLACE, JJ., Concur. . This may be the reason the parties agreed to go forward with termination without having *313 the trial court address whether one of the circumstances enumerated in section 39.811(6) existed....

...pel, it was certainly relevant to show that C.R. had initially agreed that a less restrictive means existed to protect the child. Finally, this was a “single-parent termination.” The record reveals no assessment as to whether the requirements of section 39.811(6), Florida Statutes (2002), were satisfied....

...ogress being made toward permanent adoptive placement. As part of this continuing jurisdiction, for good cause shown by the guardian ad litem for the child, the court may review the appropriateness of the adoptive placement of the child.... See also § 39.811(8), Fla....

...Fla. Dep’t of Children & Families, 187 So. 3d 362, 363 (Fla. 4th DCA 2016). “When a trial court finds the requirements for termination of parental rights were not proven, the court must then determine, as part of its dispositional powers under section 39.811(1), Florida Statutes (2016), whether the evidence supports the child being adjudicated dependent.” In Interest of K.W., 234 So. 3d 835, 836 (Fla. 2d DCA 2018). As section 39.811, Florida Statutes, explains: (1) If the court finds that the grounds for termination of parental rights have not been established by clear and convincing evidence, the court shall: (a) If grounds for d...

...Stat. (defining harm as including the infliction of bone fractures); § 39.01(50), Fla. Stat. (stating that neglect occurs when a child is deprived of medical treatment). In addition to adjudicating the child dependent, the trial court must also determine the child’s placement in accordance with section 39.811(1)(a). Reversed and remanded with instructions. GROSS and DAMOORGIAN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing....

proceedings pursuant to section 39.811, Florida Statutes (2015). Section 39.811(1) sets forth the procedure

...ment’s failure to prove that the mother posed a substantial risk of significant harm and that termination was the least restrictive means). Thus, we REVERSE and REMAND for further proceedings consistent with this opinion, as authorized pursuant to section 39.811(1), Florida Statutes (2012)....

...test are separate from, and not to be confused with, the ‘manifest best interests’ test”). Whether to allow the limited type of telephonic/supervised contact at issue here pre- and post-termination is left to the discretion of the trial court. § 39.811(7)(b), Fla....

evidence for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

evidence for an adjudication of dependency under section 39.811(1)(a), Florida Statutes (2018),3 it also found

...child as dependent in the June 5 order was sufficient in light of the earlier order of dependency and the court’s determination that the circumstances had not changed. Further, the order of permanent guardianship was a permissible case plan under section 39.811(1)(a)(1), Florida Statutes (2015)....

...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. Stat. (2004). Further, the dispositional provisions of the order appear internally inconsistent. See § 39.811(1), Fla....

...y are true). In circumstances where one parent has assumed a prosecutorial role, statutory considerations unique to single-parent terminations are implicated. The grounds for single-parent terminations are limited to those contained within section 39.811(6), Florida Statutes....

...However, both statutory factors identified by the trial court—chronic substance abuse and conduct that threatens the lives, safety, well-being, or health of the children irrespective of services—are authorized bases for single-parent termination. See § 39.811(6)(e), Fla....

...11 V. Due Process Considerations The mother next contends that she was denied due process. Her argument in this context is two-fold. First, she contends the failure to plead single-parent termination under section 39.811(6), Florida Statutes, rendered the proceedings defective, and then she asserts that reliance by the trial court on the unpled statutory grounds contained within section 39.806(1)(c), Florida Statutes, in support of termination depri...

...Thus, after the Father surrendered his rights to B.N., A.N., and R.N., the action to terminate the Mother’s parental rights to E.D. proceeded as an action to sever the parental rights of one parent *294 without severing the rights of the other parent. Section 39.811(6) lists the “only” circumstances under which the parental rights of one parent may be terminated without severing the rights of the other parent. 2 The petition for termination of parental rights did not allege that any of the circumstances described in section 39.811(6) existed, nor did the Department adduce evidence at the adjudicatory hearing purporting to establish the existence of any of those circumstances. Because termination of the Mother’s parental rights to E.D. was not a permitted disposition under section 39.811(6), the final judgment is reversed as it pertains to the Mother’s rights to E.D....

...ain petition to terminate her parental rights. ' Affirmed in part, reversed in part, and remanded. CASANUEVA and COVINGTON, JJ„ Concur. . We are informed that during pendency of this appeal, the Department initiated a search for E.D.’s father. . Section 39.811(6) provides: The parental rights of one parent may be severed without severing the parental rights of the other parent only under the following circumstances: (a) If the child has only one surviving parent; (b) If the identity of a pro...

...an impact on the case is supported by the record. See B.M. v. Dept. of Children and Families, 711 So.2d 616 (Fla. 3d DCA 1998). The psychologist’s letter was pertinent to the issue of post-termination visitation, which the statute now allows. See § 39.811(7)(b), Fla....

court did not comply with the clear mandate of section 39.811(5), Florida Statutes, which requires the trial

...is the natural mother of two children and voluntarily surrendered her parental rights to them. She argues, and the Department concedes, that the trial court granted her written communication with the children but failed to reduce this ruling to a written order. Section 39.811(7)(b), Florida Statutes (2001), allows a trial court, in its discretion, to permit continued communication or contact after the termination of parental rights when it is in the child’s best interests. If continued communication or contact is ordered by the court, the nature and frequency must be set forth in a written order. § 39.811(7)(b)....

...contact with their father. For the foregoing reasons, we affirm the termination of D.S.’s parental rights to P.S., but we reverse the termination of his parental rights as to D.S., Jr. and K.S. We remand for further proceedings in accordance with section 39.811(4), Florida Statutes. MAY and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 9 

...erest. It is difficult to read the testimony of this father who wants to be a parent to his child, or at least be involved in her life, and not to allow him to have that opportunity. The statutory framework for termination gives few options. See § 39.811, Fla. Stat. (2013). Pursuant to section 39.811(7)(b), Florida Statutes (2013), the court has the authority to make orders allowing continued contact with the parents if it is in the child’s best interest....