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.H. v. Department of Children & Families227 So. 3d 761 (Fla. 3d DCA 2017) · 3D17-1701

Court
3rd DCA
Decided
2017-10-11
Case
TPR
Appellant
Mother
County
Miami-Dade

Reversed & remanded Termination by implied consent reversed on DCF's confession of error because the mother was never personally served with the petition and advisory hearing summons.

Issues
Notice & service of process, Default & consent by nonappearance
Law cited
§ 39.801(3), (3)(a), (3)(d) (now § 39.801(3)(e)) · § 39.806(1)(b)

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

Court's PDF On CourtListener

ON CONFESSION OF ERROR

PER CURIAM.

G.H. is the mother of the minor child, D.E.B., who was born on January 4, 2016. The Department of Children and Families removed D.E.B. from G.H.’s custody and, on May 10, 2017, the Department filed a petition for termination of G.H.’s parental rights as to D.E.B. under section 39.806(1)(b) of the Florida Statutes, based on her purported abandonment of D.E.B. The trial court conducted an advisory hearing on the petition on May 31, 2017, which G.H. did not attend. Based on G.H.’s failure to attend the advisory hearing, the trial entered a consent to the termination of G.H.’s parental rights on behalf of G.H. as to D.E.B. See § 39,801(3)(d) of the Florida Statutes (2016) (“If the person served with noticé under this section fails to personally appear at the advisory hearing, the failure to personally appear shall constitute consent for termination of parental rights by the person given notice.”). The trial court entered a Final Judgment of Termination of Parental Rights and Disposition as to the Mother on June 14,2017. G.H. appealed.

Based on the Department’s commendable confession of error, we agree that the final judgment must be reversed because the' .Department failed to personally serve G.H. with: (i). a. copy of the Department’s petition to terminate her parental rights;, and (ii) a summons containing the required notice of the date, time and place of the advisory hearing:on the petition, and specifying that G.H.’s failure to personally appear at the advisory -hearing would constitute G.H.’s consent to the termination of her parental rights of D.E.B. See § 39.801(3), Fla. Stat. (2016); M.J.W. v. Dep’t of Children & Families, 826 So.2d 1038, 1040 (Fla. 1st DCA 2002) (“Under, section 39.801(3)(a), notice of the advisory hearing and a copy of the petition to terminate parental rights must be personally served upon the parents.”).

Accordingly, we reverse the final judgment terminating G.H.’s parental rights as to D.E.B. and remand so that the Department may personally serve G.H. with both a copy of the petition and a summons in compliance with section 39.801(3),

Reversed and remanded for proceedings consistent with this opinion.

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