Dependency Law Finder

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

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J.S. v. Department of Children & Families44 So. 3d 660 (Fla. 5th DCA 2010) · 5D10-607

Court
5th DCA
Decided
2010-09-30
Case
TPR
Appellant
Mother

Affirmed Termination affirmed on the two pleaded grounds, but four grounds not alleged in the petition were struck from the order on DCF's concession.

Issues
Notice & service of process Reversed, TPR: sufficiency of evidence, general Affirmed

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

On CourtListener
PALMER, J.

J.S., the mother of J.W., appeals the final order entered by the trial court terminating her parental rights to J.W. She concedes that competent, substantial evidence supports the termination of her parental rights (TPR) on two of the statutory grounds alleged by the Department of Children and Families (DCF) in the TPR petition. However, J.S. contends that the trial court violated her due process rights by terminating her parental rights based upon additional grounds not set forth in the TPR petition. DCF properly concedes that the grounds that were not alleged in its petition should be stricken from the trial court’s order; specifically, sections 39.806(1)©, 39.806(1)(h), 39.806(1)(g) and 39.806(1)(£) of the Florida Statutes (2007). Accordingly, we strike those portions of *661the trial court’s order and otherwise affirm. See R.A. v. Dep’t of Children & Families, 878 So.2d 1272 (Fla. 5th DCA 2004).

AFFIRMED as modified.

SAWAYA and ORFINGER, JJ, concur.

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