Florida Statutes

Fla. Stat. § 39.806 (2025)

Grounds for termination of parental rights.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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39.806 Grounds for termination of parental rights.
(1) Grounds for the termination of parental rights may be established under any of the following circumstances:
(a) When the parent or parents have voluntarily executed a written surrender of the child and consented to the entry of an order giving custody of the child to the department for subsequent adoption and the department is willing to accept custody of the child.
1. The surrender document must be executed before two witnesses and a notary public or other person authorized to take acknowledgments.
2. The surrender and consent may be withdrawn after acceptance by the department only after a finding by the court that the surrender and consent were obtained by fraud or under duress.
(b) Abandonment as defined in s. 39.01(1) or when the identity or location of the parent or parents is unknown and cannot be ascertained by diligent search within 60 days.
(c) When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent or parents in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services. Provision of services may be evidenced by proof that services were provided through a previous plan or offered as a case plan from a child welfare agency.
(d) When the parent of a child is incarcerated and either:
1. The period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s minority. When determining whether the period of time is significant, the court shall consider the child’s age and the child’s need for a permanent and stable home. The period of time begins on the date that the parent enters into incarceration;
2. The incarcerated parent has been determined by the court to be a violent career criminal as defined in s. 775.084, a habitual violent felony offender as defined in s. 775.084, or a sexual predator as defined in s. 775.21; has been convicted of first degree or second degree murder in violation of s. 782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s. 794.011; or has been convicted of an offense in another jurisdiction which is substantially similar to one of the offenses listed in this paragraph. As used in this section, the term “substantially similar offense” means any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction; or
3. The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child. When determining harm, the court shall consider the following factors:
a. The age of the child.
b. The relationship between the child and the parent.
c. The nature of the parent’s current and past provision for the child’s developmental, cognitive, psychological, and physical needs.
d. The parent’s history of criminal behavior, which may include the frequency of incarceration and the unavailability of the parent to the child due to incarceration.
e. Any other factor the court deems relevant.
(e) When a child has been adjudicated dependent, a case plan has been filed with the court, and:
1. The child continues to be abused, neglected, or abandoned by the parent or parents. The failure of the parent or parents to substantially comply with the case plan for a period of 12 months after an adjudication of the child as a dependent child or the child’s placement into shelter care, whichever occurs first, constitutes evidence of continuing abuse, neglect, or abandonment unless the failure to substantially comply with the case plan was due to the parent’s lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child. The 12-month period begins to run only after the child’s placement into shelter care or the entry of a disposition order placing the custody of the child with the department or a person other than the parent and the court’s approval of a case plan having the goal of reunification with the parent, whichever occurs first; or
2. The parent or parents have materially breached the case plan by their action or inaction. Time is of the essence for permanency of children in the dependency system. In order to prove the parent or parents have materially breached the case plan, the court must find by clear and convincing evidence that the parent or parents are unlikely or unable to substantially comply with the case plan before time to comply with the case plan expires.
3. The child has been in care for any 12 of the last 22 months and the parents have not substantially complied with the case plan so as to permit reunification under s. 39.522(4) unless the failure to substantially comply with the case plan was due to the parent’s lack of financial resources or to the failure of the department to make reasonable efforts to reunify the parent and child.
(f) The parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling. Proof of a nexus between egregious conduct to a child and the potential harm to the child’s sibling is not required.
1. As used in this subsection, the term “sibling” means another child who resides with or is cared for by the parent or parents regardless of whether the child is related legally or by consanguinity.
2. As used in this subsection, the term “egregious conduct” means abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a normal standard of conduct. Egregious conduct may include an act or omission that occurred only once but was of such intensity, magnitude, or severity as to endanger the life of the child.
(g) The parent or parents have subjected the child or another child to aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01, or chronic abuse.
(h) The parent or parents have committed the murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or a felony battery that resulted in serious bodily injury to the child or to another child. Proof of a nexus between the murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or a felony battery to a child and the potential harm to a child or another child is not required.
(i) The parental rights of the parent to a sibling of the child have been terminated involuntarily.
(j) The parent or parents have a history of extensive, abusive, and chronic use of alcohol or a controlled substance which renders them incapable of caring for the child, and have refused or failed to complete available treatment for such use during the 3-year period immediately preceding the filing of the petition for termination of parental rights.
(k) A test administered at birth that indicated that the child’s blood, urine, or meconium contained any amount of alcohol or a controlled substance or metabolites of such substances, the presence of which was not the result of medical treatment administered to the mother or the newborn infant, and the biological mother of the child is the biological mother of at least one other child who was adjudicated dependent after a finding of harm to the child’s health or welfare due to exposure to a controlled substance or alcohol as defined in s. 39.01, after which the biological mother had the opportunity to participate in substance abuse treatment.
(l) On three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter or the law of any state, territory, or jurisdiction of the United States which is substantially similar to this chapter, and the conditions that led to the child’s out-of-home placement were caused by the parent or parents.
(m) The court determines by clear and convincing evidence that the child was conceived as a result of an act of sexual battery made unlawful pursuant to s. 794.011, or pursuant to a similar law of another state, territory, possession, or Native American tribe where the offense occurred. It is presumed that termination of parental rights is in the best interest of the child if the child was conceived as a result of the unlawful sexual battery. A petition for termination of parental rights under this paragraph may be filed at any time. The court must accept a guilty plea or conviction of unlawful sexual battery pursuant to s. 794.011 as conclusive proof that the child was conceived by a violation of criminal law as set forth in this subsection.
(n) The parent is convicted of an offense that requires the parent to register as a sexual predator under s. 775.21.
(2) Reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in paragraphs (1)(b)-(d) or paragraphs (1)(f)-(m) have occurred.
(3) If a petition for termination of parental rights is filed under subsection (1), a separate petition for dependency need not be filed and the department need not offer the parents a case plan having a goal of reunification, but may instead file with the court a case plan having a goal of termination of parental rights to allow continuation of services until the termination is granted or until further orders of the court are issued.
(4) If an expedited termination of parental rights petition is filed, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child.
History.s. 9, ch. 87-289; s. 16, ch. 90-306; s. 4, ch. 90-309; s. 7, ch. 92-158; s. 35, ch. 94-164; s. 1, ch. 97-226; s. 12, ch. 97-276; s. 88, ch. 98-403; s. 2, ch. 98-417; s. 45, ch. 99-193; s. 35, ch. 2000-139; s. 3, ch. 2001-3; s. 12, ch. 2004-371; s. 25, ch. 2006-86; s. 16, ch. 2008-245; s. 2, ch. 2009-21; s. 15, ch. 2012-178; s. 1, ch. 2013-132; s. 19, ch. 2014-224; s. 16, ch. 2016-24; s. 16, ch. 2017-37; s. 8, ch. 2017-107; s. 23, ch. 2017-151; s. 11, ch. 2019-128; s. 14, ch. 2021-169; s. 6, ch. 2024-71; s. 20, ch. 2025-156.
Note.Former s. 39.464.
Notes of Decisions
Cited in 491 cases (55 in the last 5 years), 1998–2026 · leading case: Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004).
Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). · cites it 53× “These include when the parent has voluntarily surrendered or abandoned the child, when the parent is incarcerated (and other conditions are met), and when a parent has failed to comply with a case plan.”
BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). · cites it 59× “464 was renumbered to section 39.806 during a reorganization of chapter 39.”
Nl v. Dept. of Child. & Fam. Ser., 843 So. 2d 996 (Fla. 1st DCA 2003). · cites it 19× “Because the record contains no competent substantial evidence supporting termination under subsection (1)(f) of section 39.806 and contains no evidence of the provision of services (or the futility of providing services) necessary for termination under subsection (1)(c), we…”
Dep't of Child. & Families v. BB, 824 So. 2d 1000 (Fla. 5th DCA 2002). · cites it 15× “had engaged in conduct that demonstrates that their continuing involvement in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of their children, irrespective of the provision of services, see § 39.806(1)(c), Fla.…”
LB v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002). · cites it 16× “Appellant argues that the trial court's finding that her continuing involvement with the children threatened their well-being or lives pursuant to section 39.806(1)(c), Florida Statutes (2001), was not supported by the evidence.”
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). · cites it 26× “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). · cites it 9× “’s right to all three children pursuant to section 39.806, Florida Statutes, by clear and convincing evidence: (1) section 36.”
MH v. Dep't of Child. & Families, 866 So. 2d 220 (Fla. 1st DCA 2004). · cites it 11× “Appellant appeals from a final order terminating her parental rights pursuant to section 39.806(1)(c), Florida Statutes (2001).”
FL v. Dep't of Child. & Families, 849 So. 2d 1114 (Fla. 4th DCA 2003). · cites it 18× “'s birth, yet the interpretation the court below and the Department placed on the statute appears not to make the passage of time a significant factor in deciding whether termination is appropriate.”
J. P., mother of T. P. v. Florida Dep't of Child. & Families, 183 So. 3d 1198 (Fla. 1st DCA 2016). · cites it 9× “First, the Department must prove statutory grounds under section 39.806, Florida Statutes. See Rathburn v.”
J.E. v. Dep't of Child. & Families, 126 So. 3d 424 (Fla. 4th DCA 2013). · cites it 12× “Standard of Review This court has previously set forth the “multi-step process inherent in the statutory scheme for termination of parental rights”: First, the trial court must find by clear and convincing evidence that one of the grounds set forth in section 39.”
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). · cites it 18× “Section 39.806(1)( l ), which took effect on July 1, 2008, provides that parental rights may be terminated if "[o]n three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that…”
— 39.806(1) — 63 cases
J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009).
Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009).
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). “Section 39.806(1)( l ), which took effect on July 1, 2008, provides that parental rights may be terminated if "[o]n three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that…”
Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “These include when the parent has voluntarily surrendered or abandoned the child, when the parent is incarcerated (and other conditions are met), and when a parent has failed to comply with a case plan.”
Dep't of Child. & Families v. As, 927 So. 2d 204 (Fla. 5th DCA 2006).
— 39.806(1)(1) — 1 case
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). “Section 39.806(1)( l ), which took effect on July 1, 2008, provides that parental rights may be terminated if "[o]n three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that…”
— 39.806(1)(Z) — 5 cases
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). “Section 39.806(1)( l ), which took effect on July 1, 2008, provides that parental rights may be terminated if "[o]n three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that…”
N.B. v. Florida Dep't of Child. & Families, 183 So. 3d 1186 (Fla. 3d DCA 2016).
Dep't of Child. & Fam. Servs. v. T.C., 95 So. 3d 1050 (Fla. 2d DCA 2012).
J.B. v. Dep't of Child. & Families, 107 So. 3d 1196 (Fla. 1st DCA 2013).
S.B. v. Dep't of Child. & Fam. Servs., 80 So. 3d 438 (Fla. 2d DCA 2012).
— 39.806(1)(a) — 15 cases
Dep't of Child. & Families v. As, 927 So. 2d 204 (Fla. 5th DCA 2006).
TCB v. Dept. of Child. & Families, 816 So. 2d 194 (Fla. 1st DCA 2002).
Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “These include when the parent has voluntarily surrendered or abandoned the child, when the parent is incarcerated (and other conditions are met), and when a parent has failed to comply with a case plan.”
BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). “464 was renumbered to section 39.806 during a reorganization of chapter 39.”
— 39.806(1)(a)(2) — 1 case
Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002).
— 39.806(1)(b) — 48 cases
MA v. Dept. of Child. & Families, 814 So. 2d 1244 (Fla. 5th DCA 2002).
Vj v. Dep't of Child. & Fam., 949 So. 2d 1128 (Fla. 3d DCA 2007).
J.c., the Mother v. Dept. of Child. & Families, 264 So. 3d 973 (Fla. 4th DCA 2019).
In Re Ed, 884 So. 2d 291 (Fla. 2d DCA 2004).
B.f., the Father v. Dept. of Child. & Families, 237 So. 3d 390 (Fla. 4th DCA 2018).
— 39.806(1)(c) — 114 cases
Nl v. Dept. of Child. & Fam. Ser., 843 So. 2d 996 (Fla. 1st DCA 2003). “Because the record contains no competent substantial evidence supporting termination under subsection (1)(f) of section 39.806 and contains no evidence of the provision of services (or the futility of providing services) necessary for termination under subsection (1)(c), we…”
Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “These include when the parent has voluntarily surrendered or abandoned the child, when the parent is incarcerated (and other conditions are met), and when a parent has failed to comply with a case plan.”
LB v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002). “Appellant argues that the trial court's finding that her continuing involvement with the children threatened their well-being or lives pursuant to section 39.806(1)(c), Florida Statutes (2001), was not supported by the evidence.”
MH v. Dep't of Child. & Families, 866 So. 2d 220 (Fla. 1st DCA 2004). “Appellant appeals from a final order terminating her parental rights pursuant to section 39.806(1)(c), Florida Statutes (2001).”
FL v. Dep't of Child. & Families, 849 So. 2d 1114 (Fla. 4th DCA 2003). “'s birth, yet the interpretation the court below and the Department placed on the statute appears not to make the passage of time a significant factor in deciding whether termination is appropriate.”
— 39.806(1)(d) — 40 cases
WW v. Dept. of Child. & Families, 811 So. 2d 791 (Fla. 4th DCA 2002).
BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). “464 was renumbered to section 39.806 during a reorganization of chapter 39.”
CB v. Dep't of Child. & Families, 874 So. 2d 1246 (Fla. 4th DCA 2004).
J.c., the Mother v. Dept. of Child. & Families, 264 So. 3d 973 (Fla. 4th DCA 2019).
Cah v. Deppartment of Child. & Families, 830 So. 2d 939 (Fla. 4th DCA 2002).
— 39.806(1)(d)(1) — 10 cases
BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). “464 was renumbered to section 39.806 during a reorganization of chapter 39.”
In Re Aw, 816 So. 2d 1261 (Fla. 2d DCA 2002).
T.V.R. v. C.R., 918 So. 2d 395 (Fla. 2d DCA 2006).
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
In Re Eif, 872 So. 2d 924 (Fla. 2d DCA 2004).
— 39.806(1)(d)(2) — 7 cases
T.V.R. v. C.R., 918 So. 2d 395 (Fla. 2d DCA 2006).
In Re Dad II, 903 So. 2d 1034 (Fla. 2d DCA 2005).
Hunt v. Hooper, 996 So. 2d 940 (Fla. 2d DCA 2008).
— 39.806(1)(d)(3) — 12 cases
BC v. Dept. of Child. & Families, 887 So. 2d 1046 (Fla. 2004). “464 was renumbered to section 39.806 during a reorganization of chapter 39.”
E.t., the Mother v. Dept. of Child. & Families, 261 So. 3d 593 (Fla. 4th DCA 2019).
In Re Jb, 923 So. 2d 1201 (Fla. 2d DCA 2006).
In Re Ns, 898 So. 2d 1194 (Fla. 2d DCA 2005).
D.G. v. Dcf (Fla. 5th DCA 2018).
— 39.806(1)(d)(3)(a) — 1 case
M.S. v. Dep't of Child. & Families, 210 So. 3d 147 (Fla. 2d DCA 2016).
— 39.806(1)(e) — 88 cases
LB v. Dep't of Child. & Families, 835 So. 2d 1189 (Fla. 1st DCA 2002). “Appellant argues that the trial court's finding that her continuing involvement with the children threatened their well-being or lives pursuant to section 39.806(1)(c), Florida Statutes (2001), was not supported by the evidence.”
MH v. Dep't of Child. & Families, 866 So. 2d 220 (Fla. 1st DCA 2004). “Appellant appeals from a final order terminating her parental rights pursuant to section 39.806(1)(c), Florida Statutes (2001).”
Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002).
Dp v. Dept. of Child. & Fam. Servs., 930 So. 2d 798 (Fla. 3d DCA 2006).
MA v. Dept. of Child. & Families, 814 So. 2d 1244 (Fla. 5th DCA 2002).
— 39.806(1)(e)(1) — 17 cases
A.d., the Mother v. Dept. of Child. & Families, 273 So. 3d 1016 (Fla. 4th DCA 2019).
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
In Re Ec, 33 So. 3d 710 (Fla. 2d DCA 2010).
J.C. v. Dep't of Child. & Fam. Servs., 6 So. 3d 643 (Fla. 2d DCA 2009).
G.M. v. Depart of Child. & Fam. Servs., 71 So. 3d 924 (Fla. 2d DCA 2011).
— 39.806(1)(e)(2) — 4 cases
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
In Re Th, 979 So. 2d 1075 (Fla. 2d DCA 2008).
In Re Cn, 51 So. 3d 1224 (Fla. 2d DCA 2011).
In Re Jl, 15 So. 3d 866 (Fla. 2d DCA 2009).
— 39.806(1)(e)(3) — 3 cases
— 39.806(1)(e)(i) — 1 case
In Re Dad II, 903 So. 2d 1034 (Fla. 2d DCA 2005).
— 39.806(1)(f) — 86 cases
Dep't of Child. & Families v. BB, 824 So. 2d 1000 (Fla. 5th DCA 2002). “had engaged in conduct that demonstrates that their continuing involvement in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of their children, irrespective of the provision of services, see § 39.806(1)(c), Fla.…”
Nl v. Dept. of Child. & Fam. Ser., 843 So. 2d 996 (Fla. 1st DCA 2003). “Because the record contains no competent substantial evidence supporting termination under subsection (1)(f) of section 39.806 and contains no evidence of the provision of services (or the futility of providing services) necessary for termination under subsection (1)(c), we…”
K. E. v. Dept. of Child. & Families, 263 So. 3d 202 (Fla. 2d DCA 2019).
Cc v. Dept. of Child. & Fam. Servs., 812 So. 2d 520 (Fla. 1st DCA 2002).
— 39.806(1)(f)(1) — 1 case
N.W. v. Dep't of Child. & Families, 184 So. 3d 1179 (Fla. 2d DCA 2015).
— 39.806(1)(f)(2) — 13 cases
Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001).
Ps v. Dep't of Child. & Fam. Serv., 863 So. 2d 392 (Fla. 3d DCA 2003).
Dep't of Child. & Families v. KF, 916 So. 2d 948 (Fla. 4th DCA 2005).
CW v. Dep't of Child. & Families, 814 So. 2d 488 (Fla. 1st DCA 2002).
K. E. v. Dept. of Child. & Families, 263 So. 3d 202 (Fla. 2d DCA 2019).
— 39.806(1)(g) — 18 cases
Guardian Ad Litem Prog. v. C.W. (In re X.W.), 255 So. 3d 882 (Fla. 2d DCA 2018).
AC v. Dep't of Child. & Families, 798 So. 2d 32 (Fla. 4th DCA 2001).
J.F. v. Dep't of Child. & Families, 198 So. 3d 706 (Fla. 2d DCA 2016).
Ps v. Fla. Dept. of Child. & Families, 944 So. 2d 1187 (Fla. 1st DCA 2006).
— 39.806(1)(h) — 13 cases
JF v. Dep't of Child. & Families, 890 So. 2d 434 (Fla. 4th DCA 2004).
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
D. Child. v. Child. & Fam. Serv., 820 So. 2d 980 (Fla. 4th DCA 2002).
PJ v. Dep't of Child. & Families, 783 So. 2d 1148 (Fla. 5th DCA 2001).
JF v. Dep't of Child. & Families, 866 So. 2d 81 (Fla. 4th DCA 2004).
— 39.806(1)(i) — 37 cases
Florida Dept. of Child. & Fam. v. Fl, 880 So. 2d 602 (Fla. 2004). “These include when the parent has voluntarily surrendered or abandoned the child, when the parent is incarcerated (and other conditions are met), and when a parent has failed to comply with a case plan.”
TP v. Dep't of Child. & Families, 860 So. 2d 1084 (Fla. 5th DCA 2003).
Dep't of Child. & Families v. BB, 824 So. 2d 1000 (Fla. 5th DCA 2002). “had engaged in conduct that demonstrates that their continuing involvement in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of their children, irrespective of the provision of services, see § 39.806(1)(c), Fla.…”
FL v. Dep't of Child. & Families, 849 So. 2d 1114 (Fla. 4th DCA 2003). “'s birth, yet the interpretation the court below and the Department placed on the statute appears not to make the passage of time a significant factor in deciding whether termination is appropriate.”
Dep't of Child. & Families v. As, 927 So. 2d 204 (Fla. 5th DCA 2006).
— 39.806(1)(j) — 8 cases
R.W. v. Dep't of Child. & Families, 228 So. 3d 730 (Fla. 5th DCA 2017).
— 39.806(1)(k) — 2 cases
S.H. v. Dep't of Child. & Families, 264 So. 3d 1094 (Fla. 5th DCA 2019).
S.H. v. Dep't of Child. & Families, 264 So. 3d 1094 (Fla. 5th DCA 2019).
— 39.806(1)(l) — 10 cases
R.W. v. Dep't of Child. & Families, 228 So. 3d 730 (Fla. 5th DCA 2017).
— 39.806(1)(m) — 4 cases
Guardian Ad Litem Prog. v. C.W. (In re X.W.), 255 So. 3d 882 (Fla. 2d DCA 2018).
— 39.806(2) — 41 cases
CW v. Dep't of Child. & Families, 814 So. 2d 488 (Fla. 1st DCA 2002).
M.C. v. Dep't of Child. & Families, 186 So. 3d 74 (Fla. 3d DCA 2016).
CD v. Dep't of Child. & Families, 974 So. 2d 495 (Fla. 1st DCA 2008).
Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001).
— 39.806(2)(e) — 1 case
D.M. v. Dep't of Child. & Families, 79 So. 3d 136 (Fla. 3d DCA 2012).
— 39.806(3) — 9 cases
C.A.T. v. Dep't of Child. & Families, 10 So. 3d 682 (Fla. 5th DCA 2009).
CW v. Dep't of Child. & Families, 814 So. 2d 488 (Fla. 1st DCA 2002).
R.L. v. Dep't of Child. & Families, 63 So. 3d 920 (Fla. 5th DCA 2011).
LW v. Dep't of Child. & Families, 71 So. 3d 221 (Fla. 4th DCA 2011).
— 39.806(a)(f) — 1 case
CB v. Dep't of Child. & Families, 879 So. 2d 82 (Fla. 4th DCA 2004).
— 39.806(c) — 4 cases
L.A.G. v. Dep't of Child. & Fam. Servs., 963 So. 2d 725 (Fla. 3d DCA 2007).
TM v. Dep't of Child. & Families, 905 So. 2d 993 (Fla. 4th DCA 2005).
MA v. Dept. of Child. & Families, 814 So. 2d 1244 (Fla. 5th DCA 2002).
J.A. v. Dep't of Child. & Families, 741 So. 2d 1220 (Fla. 4th DCA 1999).
— 39.806(e) — 1 case
J.A. v. Dep't of Child. & Families, 741 So. 2d 1220 (Fla. 4th DCA 1999).
— 39.806(f)(2) — 2 cases
CB v. Dep't of Child. & Families, 874 So. 2d 1246 (Fla. 4th DCA 2004).
— 39.806(g) — 1 case
— 39.806(h) — 3 cases
A. H. v. Florida Dep't of Child. & Fam. Servs., 85 So. 3d 1213 (Fla. 1st DCA 2012).
D.O. v. S.M., 981 So. 2d 11 (Fla. 4th DCA 2007).
Do v. Sm, 981 So. 2d 11 (Fla. 4th DCA 2007).
— 39.806(l) — 1 case
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
— 39.806(l)(a) — 15 cases
D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013).
T.L.D. v. Dep't of Child. & Fam. Servs., 883 So. 2d 910 (Fla. 2d DCA 2004).
Statewide Guardian Ad Litem Prog. v. A.A., 171 So. 3d 174 (Fla. 5th DCA 2015).
T.H. v. Dep't of Child. & Families, 56 So. 3d 150 (Fla. 4th DCA 2011).
Florida Dep't of Child. & Fam. Servs. v. P.E., 14 So. 3d 228 (Fla. 2009).
— 39.806(l)(a)(l) — 1 case
T.H. v. Dep't of Child. & Families, 56 So. 3d 150 (Fla. 4th DCA 2011).
— 39.806(l)(b) — 41 cases
J.E. v. Dep't of Child. & Families, 126 So. 3d 424 (Fla. 4th DCA 2013). “Standard of Review This court has previously set forth the “multi-step process inherent in the statutory scheme for termination of parental rights”: First, the trial court must find by clear and convincing evidence that one of the grounds set forth in section 39.”
T.H. v. Dep't of Child. & Fam. Servs., 979 So. 2d 1075 (Fla. 2d DCA 2008).
— 39.806(l)(c) — 71 cases
S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “’s right to all three children pursuant to section 39.806, Florida Statutes, by clear and convincing evidence: (1) section 36.”
J. P., mother of T. P. v. Florida Dep't of Child. & Families, 183 So. 3d 1198 (Fla. 1st DCA 2016). “First, the Department must prove statutory grounds under section 39.806, Florida Statutes. See Rathburn v.”
D.B. v. Dep't of Child. & Families, 87 So. 3d 1279 (Fla. 4th DCA 2012).
To v. Dep't of Child. & Families, 21 So. 3d 173 (Fla. 4th DCA 2009).
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
— 39.806(l)(d) — 29 cases
B.K., The Father v. Dep't of Child. & Families, 166 So. 3d 866 (Fla. 4th DCA 2015).
J.T. v. Dep't of Child. & Fam. Servs., 819 So. 2d 270 (Fla. 2d DCA 2002).
AH v. Dep't of Child. & Families, 63 So. 3d 874 (Fla. 1st DCA 2011).
S.B. v. Dep't of Child. & Families, 132 So. 3d 1243 (Fla. 1st DCA 2014).
— 39.806(l)(d)(2) — 3 cases
D.A.D. v. Dep't of Child. & Fam. Servs., 903 So. 2d 1034 (Fla. 2d DCA 2005).
S.S. v. D.L., 944 So. 2d 553 (Fla. 4th DCA 2007).
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
— 39.806(l)(d)(3) — 7 cases
M.S. v. Dep't of Child. & Families, 210 So. 3d 147 (Fla. 2d DCA 2016).
J.R. v. Dep't of Child. & Fam. Servs., 923 So. 2d 1201 (Fla. 2d DCA 2006).
J.P.C. v. Dep't of Child. & Fam. Servs., 819 So. 2d 264 (Fla. 2d DCA 2002).
K.S. v. Dep't of Child. & Fam. Servs., 898 So. 2d 1194 (Fla. 2d DCA 2005).
S.B. v. Dep't of Child. & Families, 132 So. 3d 1243 (Fla. 1st DCA 2014).
— 39.806(l)(d)(l) — 9 cases
J.W. v. Dep't of Child. & Fam. Servs., 816 So. 2d 1261 (Fla. 2d DCA 2002).
R.R. v. M.M., 143 So. 3d 449 (Fla. 2d DCA 2014).
J.P.C. v. Dep't of Child. & Fam. Servs., 819 So. 2d 264 (Fla. 2d DCA 2002).
— 39.806(l)(e) — 70 cases
In the Interest of N.F. v. Dep't of Child. & Fam. Servs., 82 So. 3d 1188 (Fla. 2d DCA 2012).
J.E. v. Dep't of Child. & Families, 126 So. 3d 424 (Fla. 4th DCA 2013). “Standard of Review This court has previously set forth the “multi-step process inherent in the statutory scheme for termination of parental rights”: First, the trial court must find by clear and convincing evidence that one of the grounds set forth in section 39.”
L.A.G. v. Dep't of Child. & Fam. Servs., 963 So. 2d 725 (Fla. 3d DCA 2007).
J.S. v. Florida Dep't of Child. & Families, 18 So. 3d 1170 (Fla. 1st DCA 2009).
S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “’s right to all three children pursuant to section 39.806, Florida Statutes, by clear and convincing evidence: (1) section 36.”
— 39.806(l)(e)(2) — 3 cases
T.H. v. Dep't of Child. & Fam. Servs., 979 So. 2d 1075 (Fla. 2d DCA 2008).
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
W.L. v. Dep't of Child. & Fam. Servs., 15 So. 3d 866 (Fla. 2d DCA 2009).
— 39.806(l)(e)(3) — 2 cases
M.S. v. Dep't of Child. & Families, 210 So. 3d 147 (Fla. 2d DCA 2016).
M.P. v. Dep't of Child. & Families, 230 So. 3d 512 (Fla. 3d DCA 2017).
— 39.806(l)(e)(l) — 7 cases
R.C. v. Dep't of Child. & Fam. Servs., 33 So. 3d 710 (Fla. 2d DCA 2010).
T.H. v. Dep't of Child. & Fam. Servs., 979 So. 2d 1075 (Fla. 2d DCA 2008).
W.L. v. Dep't of Child. & Fam. Servs., 15 So. 3d 866 (Fla. 2d DCA 2009).
M.S. v. Dep't of Child. & Families, 210 So. 3d 147 (Fla. 2d DCA 2016).
G.M. v. Depart of Child. & Fam. Servs., 71 So. 3d 924 (Fla. 2d DCA 2011).
— 39.806(l)(f) — 35 cases
M.C. v. Dep't of Child. & Families, 186 So. 3d 74 (Fla. 3d DCA 2016).
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
T.P. v. Dep't of Child. & Fam. Servs., 935 So. 2d 621 (Fla. 3d DCA 2006).
J.F. v. Dep't of Child. & Families, 198 So. 3d 706 (Fla. 2d DCA 2016).
J.T. v. Dep't of Child. & Fam. Servs., 908 So. 2d 568 (Fla. 2d DCA 2005).
— 39.806(l)(f)(2) — 8 cases
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
D.A.D. v. Dep't of Child. & Fam. Servs., 903 So. 2d 1034 (Fla. 2d DCA 2005).
D.O. v. S.M., 981 So. 2d 11 (Fla. 4th DCA 2007).
ID v. Dep't of Child. & Families, 13 So. 3d 1117 (Fla. 3d DCA 2009).
T.L. v. Dep't of Child. & Fam. Servs., 990 So. 2d 1267 (Fla. 2d DCA 2008).
— 39.806(l)(g) — 8 cases
ID v. Dep't of Child. & Families, 13 So. 3d 1117 (Fla. 3d DCA 2009).
A.J. v. Dep't of Child. & Families, 97 So. 3d 985 (Fla. 4th DCA 2012).
State v. J.P., 907 So. 2d 1101 (Fla. 2004).
A. H. v. Florida Dep't of Child. & Fam. Servs., 85 So. 3d 1213 (Fla. 1st DCA 2012).
D.A.D. v. Dep't of Child. & Fam. Servs., 903 So. 2d 1034 (Fla. 2d DCA 2005).
— 39.806(l)(h) — 5 cases
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012).
A. H. v. Florida Dep't of Child. & Fam. Servs., 85 So. 3d 1213 (Fla. 1st DCA 2012).
Dep't of Child. & Families v. H.M.R., 161 So. 3d 477 (Fla. 5th DCA 2014).
M.N. v. Dep't of Child. & Fam. Servs., 51 So. 3d 1224 (Fla. 2d DCA 2011).
— 39.806(l)(i) — 14 cases
K.J. Ex Rel. A.J. v. Dep't of Child. & Families, 33 So. 3d 88 (Fla. 1st DCA 2010). “Section 39.806(1)( l ), which took effect on July 1, 2008, provides that parental rights may be terminated if "[o]n three or more occasions the child or another child of the parent or parents has been placed in out-of-home care pursuant to this chapter, and the conditions that…”
N.B. v. Florida Dep't of Child. & Families, 183 So. 3d 1186 (Fla. 3d DCA 2016).
Dep't of Child. & Fam. Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012).
J.B. v. Dep't of Child. & Families, 107 So. 3d 1196 (Fla. 1st DCA 2013).
Dep't of Child. & Fam. Servs. v. S.H., 49 So. 3d 846 (Fla. 2d DCA 2010). “806(2) provides that “[reasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that any of the events described in [section 39.806](l)(e)-(l) have occurred.” Of course, in this case, the egregious conduct and…”
— 39.806(l)(j) — 2 cases
S.M., etc. v. Florida Dep't of Child. & Families, 202 So. 3d 769 (Fla. 2016). “’s right to all three children pursuant to section 39.806, Florida Statutes, by clear and convincing evidence: (1) section 36.”
P.B. v. Dep't of Child. & Families, 86 So. 3d 1290 (Fla. 5th DCA 2012).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.