Dependency Law Finder

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

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N.O. v. Department of Children & Families126 So. 3d 445 (Fla. 4th DCA 2013) · 4D13-2545

Court
4th DCA
Decided
2013-11-13
Case
TPR
Appellant
Father

Reversed & remanded Consent to termination vacated and remanded because, as DCF and the GAL conceded, the statutory requirements for entering consent were not met.

Issue
Default & consent by nonappearance
Law cited
§ 39.801(3)(d) (now § 39.801(3)(e))

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

On CourtListener
PER CURIAM.

The Father appeals from the trial court’s Order Granting Petition for Termination of Parental Rights and Permanent Commitment of the Minor Children.1 The appellees, Department of Children and Families and Guardian ad Litem Program, concede that the requirements of section 39.801(3)(d), Florida Statutes (2012) were not met in this case, and that this failure to comply with the statute warrants reversal. We agree and, therefore, hold that the consent to the termination of parental rights petition was improperly entered with regard to the Father. Accordingly, the consent order shall be vacated, and the case is remanded for further proceedings.

DAMOORGIAN, C.J., MAY and FORST, JJ., concur.

. The Mother has not filed an appeal of the trial court order.

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