Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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G.O. v. Department of Children & Families100 So. 3d 232 (Fla. 3d DCA 2012) · 3D12-1554

Court
3rd DCA
Decided
2012-10-31
Case
TPR
Appellant
Mother

Reversed & remanded Termination reversed because a general magistrate improperly presided over the adjudicatory hearing, which must be conducted by a judge.

Issues
Right to be heard & hearing procedure, Default & consent by nonappearance

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
CORTIÑAS, J.

The Department of Children and Family Services filed a Petition for Termination of Parental Rights against G.O. (Mother) and C.O. (Father). The general magistrate held an advisory hearing on March 27, 2012. Mother and Father did not appear, despite being served with a summons. Pursuant to section 39.808(d), Florida Statutes (2011), the general magistrate found constructive consent for termination of parental rights. On May 1, 2012, the general magistrate held a hearing where a guardian ad litem testified as to the best interests of the children. The general magistrate recommended that the trial court terminate parental rights, and the trial judge signed the order terminating parental rights. Mother now appeals.

Rule 8.257(h), Florida Rules of Juvenile Procedure (2011), prohibits general magistrates from presiding over adjudicatory hearings under section 89.809, Florida Statutes (2011). Section 39.809(3) also states, in pertinent part, “[t]he adjudicatory hearing must be conducted by the judge without a jury-” Fla. Stat. § 39.809(3) (2011). The May 1, 2012 hearing was an adjudicatory hearing on the petition for termination of parental rights; therefore, the trial court should have presided over the hearing.

Accordingly, we reverse the order terminating parental rights and remand for proper re-notice to the mother for any further hearings, including a new advisory hearing. Reversed and remanded.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.