Dependency Law Finder

1. Department of Children & Family Services v. S.H. 49 So. 3d 846 · 2D09-3785 · 2nd DCA 2010

   Reversed & remanded This opinion cites § 39.802 6 times: (4)(a), (4)(c), (5)

   · cited by 14 in all courts

   Denial of termination reversed; grounds were proven against the father, no nexus was required for least restrictive means, and best-interests analysis was needed.

   …evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the children. See § 39.802(4)(a), (c); T.L. v. Dep’t of Children & Family Servs., 990 So.2d 1267, 1270 (Fla. 2d DCA 2008); Doe v. Deft of Health & Rehabilitative Servs., 563 So.2d…

2. Department of Children & Family Services v. K.D. 88 So. 3d 977 · 2D10-3474 · 2nd DCA 2012

   Reversed & remanded This opinion cites § 39.802 5 times: (4), (4)(b), (5)

   · cited by 9 in all courts

   En banc: denial of termination and sua sponte permanent guardianship reversed; availability of guardianship cannot defeat best interests or least restrictive means after grounds proven.

   …grounds set forth in section 39.806 has been met, and (2) that termination would be in the manifest best interests of the children under section 39.810. 2 §§ 39.802(4), 39.809(1). In order to protect the parents’ constitutional right to parent their children without governmental interference, the Florida Supreme Court has…

3. R.A. v. Department of Children & Families 724 So. 2d 574 · 3D98-0713 · 3rd DCA 1998

   This opinion cites § 39.802 5 times, a subsectionCited as § 39.4611 (1995 statutes), now § 39.802Also cites § 39.4611(3), 39.4611(1) under the 1995 statutes, too old to match to today's subsections.

   · cited by 5 in all courts

   …there was a dependency order in place, see id., and allows the Department to prove it by introducing a certified copy of the dependency order. See id. § 39.4611(3). As it is undisputed in this case that a dependency order was entered, it follows that the existence of the dependency order was proved by clear and…

4. Department of Children & Family Services v. P.E. 14 So. 3d 228 · SC09-169 · Florida Supreme Court 2009

   Other This opinion cites § 39.802 4 times: (3), (4), (4)(a), and the section generally

   · cited by 43 in all courts

   Supreme Court held that once a parent's consent to termination is entered for missing the adjudicatory hearing, DCF need not prove the alleged grounds.

   …that govern the termination of parental rights. To clarify the conflict, we first outline the operation of the relevant statutory provisions. Under section 39.802, Florida Statutes (2007), the operation of the provisions for *232 terminating a parent's parental rights begins with the filing of a petition. The statute…

5. Guardian ad Litem Program v. In the Interest of K.D. 864 So. 2d 1213 · 4D03-2312 · 4th DCA 2004

   Affirmed in part, reversed in part This opinion cites § 39.802 4 times: (1), (2)

   After DCF dismissed its termination petition, the guardian ad litem could adopt it and get a new hearing, but the father need not be re-served.

   …“the department, the guardian ad litem, or any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.802(1), Fla. Stat. (2002); see Fla. R. Juv. P. 8.500(a)(2) (noting that Department, guardian, licensed child-placing agency, or any person having knowledge of the…

6. Department of Children & Families v. S.H. 734 So. 2d 1080 · 1D98-02899 · 1st DCA 1999

   This opinion cites § 39.802 4 times: (4)(a), (4)(c), and the section generallyCited as § 39.4611 (1997 statutes), now § 39.802; § 39.4611(1)(a) (1997 statutes), now § 39.802(4)(a); § 39.4611(1)(c) (1997 statutes), now § 39.802(4)(c)

   · cited by 2 in all courts

   …of Children and Families appeals from an order dismissing a petition to terminate the parental rights of the appellee. We reverse and remand. Section 39.4611, Florida Statutes (1997), provides that a petition for termination of parental rights must contain facts supporting the following allegations: (a) that at…

7. Kingsley v. Kingsley 623 So. 2d 780 · 5D92-2430 · 5th DCA 1993

   This opinion cites § 39.802 4 times, a subsectionCited as § 39.461 (1992 statutes), now § 39.802Also cites § 39.461(1), 39.461(2) under the 1992 statutes, too old to match to today's subsections.

   · cited by 64 in all courts

   …714-15 (Fla. 1st DCA 1960). Thus, the concept of capacity determines the procedure which a minor must invoke in order to pursue a cause of action. Section 39.461(1), Florida Statutes (Supp. 1992), provides that petitions for termination of parental rights may be initiated either by an attorney for [HRS], or by any other…

8. In re H.E. 3 So. 3d 341 · 2D07-4605 · 2nd DCA 2008

   Reversed & remanded This opinion cites § 39.802 3 times: (4), and the section generally

   · cited by 2 in all courts

   After consent by nonappearance the department need not prove a ground, but the court must still hear best-interests evidence before terminating; reversed, conflict certified.

   …judicial labor. We disagree, however, that the trial court must hear evidence in support of the grounds alleged in the petition for termination. Section 39.802(4), Florida Statutes (2007), requires that a petition for termination of parental rights contain facts supporting (a) That at least one of the grounds [for…

9. T.C. v. Department of Children & Families 961 So. 2d 1060 · 4D07-645 · 4th DCA 2007

   Affirmed This opinion cites § 39.802 3 times: (8)

   · cited by 12 in all courts

   Termination affirmed because the mother materially breached her case plan before her incarceration; DCF's lack of jail services did not cause the breach.

   … C.M. v. Dep't of Children & Families, 953 So.2d 547 (Fla. 1st DCA 2007) (on reh'g). The trial court relied upon sections 39.806(1)(c), 39.806(1)(e) and 39.802(8) as the statutory grounds warranting termination. We affirm. The mother raises a number of issues on appeal. We write to address only one—her contention that…

10. A.A. v. Department of Children & Families 852 So. 2d 318 · 4D02-4484 · 4th DCA 2003

    Affirmed This opinion cites § 39.802 3 times: (1), (4)(a)

    · cited by 1 in all courts

    Termination affirmed; parents were not entitled to the foster parents' identities, and the children's attorney ad litem could join the petition and trial.

    …(2002) has been met and that "the manifest best interests of the child, in accordance with s. 39.810, would be served by the granting of the petition." § 39.802(4)(a) & (c), Fla. Stat. (2002). Section 39.810 provides that in a hearing on a TPR petition, "the court shall consider the manifest best interests of the child";…

11. In Interest of S.S.J. 634 So. 2d 198 · 1D93-462 · 1st DCA 1994

    This opinion cites § 39.802 3 times, a subsectionCited as § 39.461 (1992 statutes), now § 39.802Also cites § 39.461(1) under the 1992 statutes, too old to match to today's subsections.

    …involuntary birth control as an option, but indicated that it felt compelled to grant VOCAL'S motion to intervene pursuant to Section 39.404 and Section 39.461, Florida Statutes. We find that neither Section 39.404(1), Florida Statutes (Supp. 1992), nor Section 39.461(1), Florida Statutes (Supp. 1992), compelled the…

12. M.K. v. Department of Children & Families 4D2023-1044 · 4th DCA 2023

    Affirmed This opinion cites § 39.802 2 times: (1)

    Denial of party status and intervention to a foster mother affirmed; her termination petition did not make her a party, and juvenile rules bar intervention.

    …Both petitions for dependency and petitions for termination of parental rights may be filed by any person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P. 8.310(a)(1) (“A dependency petition may be filed as provided by law.”); Fla. R. Juv. P. 8.500(a)(2) (“A petition for…

13. J.M. v. Department of Children & Families 1D2023-0129 · 1st DCA 2023

    Affirmed This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    Termination affirmed because the mother, despite completing her case plan, defied a no-contact order and kept exposing the children to the abusive father.

    …there was clear and convincing evidence establishing both the statutory grounds for termination alleged in the petition, but we need only focus on one. See § 39.802(4)(a), Fla. Stat. (“A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations: That at least…

14. N.F. v. Department of Children & Families 1D21-0865 · 1st DCA 2022

    Affirmed This opinion cites § 39.802 2 times: (4)(a)

    Termination affirmed on the continuing-involvement ground, with best interests and least restrictive means upheld, so the alternative substance-abuse ground need not be reached.

    …the trial court’s finding by clear and convincing evidence that the Department proved at least one statutory ground, thereby complying with section 39.802(4)(a), Fla. Stat. (2020). The ground proven was Appellant “engaged in conduct towards the child or children that demonstrates that the continuing involvement of…

15. Guardian ad Litem Program v. Department of Children & Families 1D20-0029 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    Denial of termination reversed because once egregious conduct was proven there is no least-restrictive-means element, and the court must still decide manifest best interests.

    …See § 39.806(1), Fla. Stat. (“Grounds for the termination of parental rights may be established under any of the following circumstances . . . .”); cf. § 39.802(4)(a) Fla. Stat. (2019) (requiring that a TPR petition contain facts showing that at least one ground listed in section 39.806 has been met); S.M., 202 So. 3d at…

16. K.E. v. Department of Children & Families 263 So. 3d 202 · 2D18-1501 · 2nd DCA 2019

    Reversed & remanded This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    · cited by 5 in all courts

    Termination reversed because the unexplained infant arm fracture did not prove egregious conduct or threat, and no reunification services or least restrictive means were shown.

    …evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the child. See § 39.802(4)(a), (c); Padgett v. Dep't of Health & Rehab. Servs., 577 So. 2d 565, 571 (Fla. 1991) (holding that before a parent's rights can be terminated, the Department…

17. S.M. v. Department of Children & Families 202 So. 3d 769 · SC15-2127 · Florida Supreme Court 2016

    Affirmed This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    · cited by 37 in all courts

    Supreme Court approved termination: least restrictive means does not require considering permanent guardianship instead of adoption once grounds and best interests shown.

    …that the trial court find by clear and convincing evidence that one or more of the grounds for termination under the section has been established. § 39.802(4)(a), Fla. Stat. (2016). In pertinent part, the relevant grounds are: When the parent or parents engaged in conduct toward the child or toward…

18. K.R.L. v. Department of Children & Family Services 83 So. 3d 936 · 3D11-2632 · 3rd DCA 2012

    Reversed & remanded This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    · cited by 5 in all courts

    Termination reversed because no clear evidence showed the mother caused or knowingly failed to prevent the father's abuse, and he was no longer a threat.

    …evidence that at least one of the statutory grounds for termination exists and that termination is in the manifest best interests of the child. See § 39.802(4)(a), (c), Fla. Stat. (2010); Padgett v. Dep’t of Health & Rehabilitative Servs., 577 So.2d 565, 571 (Fla.1991) (holding that, before a parent’s rights can…

19. R.A. v. Department of Children & Families 83 So. 3d 841 · 5D11-1504 · 5th DCA 2011

    Reversed & remanded This opinion cites § 39.802 2 times: (4)(a), (4)(c)

    Termination reversed: defaulting the father for missing a third advisory hearing was fundamental error, and abandonment was unproven; new hearing allowed.

    …entered a default against him. The court then conducted an adjudicatory hearing limited to the manifest best interests element of the TPR proceeding. See §§ 39.802(4)(a), (c), 39.810, Fla. Stat. (2010). Following that hearing, the court entered an order terminating the father’s parental rights on the grounds of his failure to…

20. Buckner v. Family Services of Cent. Florida 876 So. 2d 1285 · 5D03-3217 · 5th DCA 2004

    Affirmed This opinion cites § 39.802 2 times, a subsectionAlso cites § 39.461(1) under the 1991 statutes, too old to match to today's subsections.

    · cited by 10 in all courts

    Dismissal affirmed of former foster parents' suit seeking adoption and visitation; they lacked standing as next friends and could not compel DCF's adoption consent.

    …the minor is the real party in interest. Youngblood v. Taylor, 89 So.2d 503, 506 (Fla.1956). 623 So.2d at 783-84 . This court noted that section 39.461(1), Florida Statutes (1991), provided that petitions *1287 for termination of parental rights may be initiated by an HRS attorney or "by any other person who…

21. Department of Children & Families v. F.L. 880 So. 2d 602 · SC03-1602 · Florida Supreme Court 2004

    Reversed & remanded This opinion cites § 39.802 2 times: (4)(c)

    · cited by 87 in all courts

    Supreme Court held the prior-involuntary-termination ground facially constitutional, quashed the district court's contrary ruling, and remanded for further proceedings on the mother's termination.

    … To terminate parental rights, DCF must also prove by clear and convincing evidence that termination is in the manifest best interest of the child. See §§ 39.802(4)(c), 39.809(1), 39.810, Fla. Stat. (2002). [6] We note that the statutory determination of the manifest best interest of the child is unchanged by our opinion…

22. In re L.B.W. 863 So. 2d 480 · 2D02-5537 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.802 2 times: (4), (4)(b)

    Termination reversed and remanded because the finding that the grandmother's failing health precluded relative placement had no evidentiary support, undermining the best-interests determination.

    …We find merit only in the mother's challenge to the trial court's determination that there was no suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination of parental rights, providing in pertinent part: A petition for termination of parental rights filed under…

23. V.W. v. Department of Children & Family Services 863 So. 2d 480 · 2D02-5537-2 · 2nd DCA 2004

    Reversed & remanded This opinion cites § 39.802 2 times: (4), (4)(b)

    · cited by 13 in all courts

    Termination reversed and remanded because the finding that the grandmother's failing health precluded relative placement had no evidentiary support, undermining the best-interests determination.

    …We find merit only in the mother’s challenge to the trial court’s determination that there was no suitable placement for L.B.W. with a relative. Section 39.802(4) sets forth the elements required for termination of parental rights, providing in pertinent part: A petition for termination of parental rights filed under…

24. C.C. v. Department of Children & Family Services 812 So. 2d 520 · 1D01-2996 · 1st DCA 2002

    Reversed & remanded This opinion cites § 39.802 2 times: (8)

    · cited by 25 in all courts

    Termination reversed for reconsideration of best interests: neglect, case plan and egregious-conduct findings were erroneous, though the prior sibling termination was established.

    …then the petitioner must allege and prove by clear and convincing evidence that the parent has materially *522 breached the provisions of the case plan." § 39.802(8), Fla. Stat. (2000). DCFS did not allege that any breach of the agreement implementing the child welfare case plan was material, and the order terminating…

25. Jr v. Department of Children & Family Services 754 So. 2d 714 · 4D98-1828 · 4th DCA 1998

    This opinion cites § 39.802 2 times, a subsectionCited as § 39.4611 (1995 statutes), now § 39.802Also cites § 39.4611(1)(a) under the 1995 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …The statute addresses the concern expressed in R.W. See R.A. v. Dep't. of Children and Family Servs., 724 So.2d 574 (Fla. 3d DCA 1998). Section 39.4611, Florida Statutes, requires the petition for termination to contain at least one of the grounds specified in section 39.464, as well as requiring that the…

26. A.D. v. Department of Health & Rehabilitative Services 670 So. 2d 1099 · 2D95-02015 · 2nd DCA 1996

    This opinion cites § 39.802 2 times, a subsectionCited as § 39.4611 (1994 statutes), now § 39.802Also cites § 39.4611(5) under the 1994 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …proved by clear and convincing evidence the elements of Section 39.467, Florida Statutes (1995).” Section 39.467 requires that each of the elements of section 39.4611 be established by clear and convincing evidence. In turn, section 39.4611(5), Florida Statutes (Supp.1994), requires: Whenever the department has entered…

27. In Interest of C.B. 561 So. 2d 663 · 5D89-1474 · 5th DCA 1990

    This opinion cites § 39.802 2 times, a subsectionAlso cites § 39.461(1) under the 1989 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    … 11. One of the children was sexually abused while under the care of the natural mother. The guardian filed her petition under the provisions of Section 39.461(1), Florida Statutes (1989) which permits the filing of a petition by "any other person who has knowledge of the facts alleged or is informed of them and…

28. Department of Children & Families v. K.b 2D2025-2510 · 2nd DCA 2026

    Reversed & remanded This opinion cites § 39.802 1 time: (4)(a)

    Denial of termination reversed because unrebutted expert testimony showed the parents' failure to seek care for a starving child was egregious; remanded for best-interest findings.

    …child and the potential harm to the child's sibling is not required."). As a result, we do not address the second basis for termination, chronic abuse. See § 39.802(4)(a) (requiring that "at least one of the grounds listed in s. 39.806 has been met"); M.S. v. Dep't of Child. & Fams., 210 So. 3d 147, 152-53 (Fla. 2d DCA 2016)…

29. Walsh v. Department of Children & Families 4D2023-2009 · 4th DCA 2024

    Reversed & remanded This opinion cites § 39.802 1 time, the section generally

    Placement change to an adoption entity's chosen home reversed for failure to apply amended section 63.082 presumptions; unqualified expert testimony also erroneously admitted.

    …the pendency of the chapter 39 proceeding up to and including the 30th day after the filing of the petition for termination of parental rights pursuant to s. 39.802. (c) Upon execution of the consent of the parent, the adoption entity may file a motion to intervene and change placement of the child in the dependency case…

30. M.M.W. v. J.W. 3D21-2419 · 3rd DCA 2022

    Reversed & remanded This opinion cites § 39.802 1 time: (1)

    Termination on the father's private petition reversed because the threat ground was unpled, violating due process, and chronic substance abuse was not proven.

    …Terminations Like many states, Florida also allows a private party to file and prosecute a petition for termination of parental rights. 1 See § 39.802(1), Fla. 1 A sampling of the termination laws across this country shows that some states allow for privately filed petitions to terminate parental rights,…

31. V.R. v. Department of Children & Families 4D21-1550 · 4th DCA 2021

    Reversed & remanded This opinion cites § 39.802 1 time, the section generally

    Denial of the adoption entity's motion to intervene reversed because section 63.082(6) requires only one parent's consent, and the father had consented.

    …to the maternal grandmother. Later, the Florida Department of Children and Families sought to terminate parental rights as to all four children under section 39.802, Florida Statutes (2020). Denise E. Kistner, in her capacity as adoption entity, 2 moved to intervene in the TPR proceeding under section 63.082(6),…

32. A.P. v. Department of Children & Families 1D20-3693 · 1st DCA 2021

    Affirmed This opinion cites § 39.802 1 time, the section generally

    Termination of rights to all four children affirmed on two grounds; rehearing on the two older children was proper and best interests supported.

    …for termination of A.P.’s parental rights as to all four children in January 2020, eighteen months after the children were adjudicated dependent. See § 39.802, Fla. Stat. (2019). DCF alleged sections 39.806(1)(c) and 39.806(1)(e)1., Florida Statutes (2019), as grounds for TPR. DCF also alleged that TPR was the least…

33. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

    Reversed & remanded This opinion cites § 39.802 1 time: (4)

    Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

    …that the parent[] will be informed of the availability of private placement of the child with an adoption entity.” Fla. R. Juv. P. 8.500(b)(4)–(5); see § 39.802(4), Fla. Stat. There is no written answer or other pleading required to be filed by the parent. § 39.805, Fla. Stat.; Fla. R. Juv. P. 8.520(a). The final hearing…

34. X.T. v. Department of Children & Families 1D19-2974 · 1st DCA 2020

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    Termination affirmed because the parents did not preserve objections to unpleaded grounds in the order, and the missing ineffective-counsel notice caused no due process violation.

    …requires that a TPR petition “contain facts supporting,” inter alia, an allegation “[t]hat at least one of the grounds listed in s. 39.806 has been met.” § 39.802(4)(a), Fla. Stat. (2018). There must be an adjudicatory hearing (i.e., a trial) at which the trial court will “consider the elements required for termination,” each…

35. B.T. v. Department of Children & Families 1D19-2788 · 1st DCA 2020

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    Termination affirmed: the parents failed to preserve their objection to unpleaded grounds in the order, and missing rule 8.530 notice caused no prejudice.

    …requires that a TPR petition “contain facts supporting,” inter alia, an allegation “[t]hat at least one of the grounds listed in s. 39.806 has been met.” § 39.802(4)(a), Fla. Stat. (2018). There must be an adjudicatory hearing (i.e., a trial) at which the trial court will “consider the elements required for termination,” each…

36. R.M. v. Department of Children & Families 3D19-2323-2 · 3rd DCA 2020

    Affirmed This opinion cites § 39.802 1 time: (4)

    On rehearing, termination affirmed: rule 8.520(c) findings are not required when termination rests on a voluntary surrender; child's due process claim rejected.

    …of the child, thus requiring the court to consider the recommendations of the Guardian Ad Litem and the reasonable preferences and wishes of the child. See §§ 39.802(4) 39.806(1), 39.810(10),(11), Fla. Stat. (2019). We reject D.M.’s contention that these statutory provisions and procedural rules fail to adequately protect…

37. R.M. v. Department of Children & Families 3D19-2323 · 3rd DCA 2020

    Affirmed in part, reversed in part This opinion cites § 39.802 1 time: (4)

    Father's termination affirmed; mother's surrender-based termination remanded for rule 8.520(c) findings. Opinion later withdrawn and replaced on rehearing.

    …of the child, thus requiring the court to consider the recommendations of the Guardian Ad Litem and the reasonable preferences and wishes of the child. See §§ 39.802(4) 39.806(1), 39.810(10),(11), Fla. Stat. (2019). We reject D.M.’s contention that these statutory provisions and procedural rules fail to adequately protect…

38. A.C.H. v. Department of Children & Families 3D19-2349 · 3rd DCA 2020

    Affirmed This opinion cites § 39.802 1 time: (5)

    Termination affirmed: the court would not reweigh the best-interest findings, and no case plan is required when termination rests on abandonment.

    …of reunification. In cases of abandonment, the goal of the case plan can be termination of parental rights.” (internal citations omitted)). See also §§ 39.802(5), 39.806(3), Fla. Stat. (2019). 2

39. Y.H.B. v. Department of Children & Families 4D19-0883 · 4th DCA 2019

    Affirmed This opinion cites § 39.802 1 time: (1)

    Termination affirmed for egregious abuse of the infant and failure to protect; the grandmother lacked standing and was properly denied placement.

    …rights. DCF and the GAL argue that the grandmother has no standing to appeal the denial of termination of J.H.’s rights, and we agree. Although section 39.802(1), Florida Statutes (2018) would allow the maternal grandmother to be a petitioner seeking to terminate parental rights, that section does not authorize her to…

40. D.G. v. Department of Children & Families 250 So. 3d 871 · 5D18-1049 · 5th DCA 2018

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    Termination affirmed on the incarceration ground because continuing the relationship with the incarcerated father would harm the child; other grounds need not be reached.

    …only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination. 2 See § 39.802(4)(a), Fla. Stat. (2017) ; S.D. v. Dep't of Child. & Fam. Servs. , 80 So.3d 438 (Fla. 2d DCA 2012). AFFIRMED. COHEN, C.J., and TORPY and EVANDER, JJ.,…

41. D.G. v. Department of Children & Families 5D18-1049-2 · 5th DCA 2018

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    Termination affirmed on the incarceration ground because continuing the relationship with the incarcerated father would harm the child; other grounds need not be reached.

    …prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017); S.D. v. Dep’t of Child. & Fam. Servs., 80 So. 3d 438 (Fla. 2d DCA 2012). AFFIRMED. COHEN, C.J., and TORPY and EVANDER, JJ.,…

42. Department of Children & Families v. A.R. 253 So. 3d 1158 · 3D17-2003 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.802 1 time: (5)

    · cited by 8 in all courts

    Court held the trial court misapplied the sexual abuse statutes as to the father, remanding for an abuse finding and best-interest findings; mother's dismissal affirmed.

    …plan with a goal of 23 reunification is permitted when based on sections 39.806(1)(f)-(g). See § 39.802(5), Fla. Stat. (2017) (“When a petition for termination of parental rights is filed under s. 39.806(1), . . . the department need not offer the parents a case…

43. J.F. v. Department of Children & Families 198 So. 3d 706 · 2D15-2434 · 2nd DCA 2016

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    · cited by 5 in all courts

    Termination of the mother's rights affirmed after the father's repeated sexual abuse of one child; court urged caution about the amended egregious-conduct statute.

    …evidence supporting termination as to each child on at least one of the grounds enumerated in section 39.806, Florida Statutes (2014), we affirm. See § 39.802(4)(a) (requiring the trial court to find by clear and convincing evidence that at least one of the statutory grounds for termination exists). We write to…

44. D.S. v. Department of Children & Families 164 So. 3d 29 · 4D14-3144 · 4th DCA 2015

    Affirmed in part, reversed in part This opinion cites § 39.802 1 time: (4)(c)

    · cited by 6 in all courts

    Incarcerated father's termination reversed for two bonded children living with his sister, absent proof of harm, but affirmed for the child without a relationship.

    … In addition, the petitioner must allege, and the trial court must find, that termination is in the manifest best interests of the child. See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). Termination of the parental rights of a parent who has played a supportive and beneficial role in the child's life…

45. K.D. v. Department of Children & Family Services 132 So. 3d 877 · 2D13-538 · 2nd DCA 2014

    Reversed & remanded This opinion cites § 39.802 1 time: (4)

    · cited by 2 in all courts

    Termination reversed because the court reused stale best-interest findings without an evidentiary hearing on the twins' current circumstances.

    …a statutory ground under section 39.806 but rather to all of the elements that must be proven to entitle the State to terminate parental rights under section 39.802(4), Florida Statutes (2009). . We limit this statement with "apparently” because the trial court did not conduct an evidentiary hearing. The record…

46. O.B. v. Department of Children & Family Services 115 So. 3d 426 · 2D12-6151 · 2nd DCA 2013

    Affirmed This opinion cites § 39.802 1 time, the section generally

    Termination of the father's rights affirmed with a misleading prospective-harm finding struck; the court urged trial courts to use a clearer structured judgment form.

    …The use of this type of form also assists the trial court in addressing the elements that must be established to terminate parental rights. See generally § 39.802, Fla. Stat. (2011) (stating the allegations that must be set forth in a petition for termination of rights); R.L. v. Dep’t of Children & Families, 63…

47. A.J. v. Department of Children & Families 126 So. 3d 1212 · 4D12-462 · 4th DCA 2012

    Reversed & remanded This opinion cites § 39.802 1 time: (5)

    Termination as to the sons reversed because abuse of their half-sisters, without evidence the boys were at risk, did not prove least restrictive means.

    …v. DCF, 97 So.3d 985 (Fla. 4th DCA 2012). . DCF is not required to offer a case plan with the goal of reunification in termination cases. See § 39.802(5), Fla. Stat. (2010). Further, "[rjeasonable efforts to preserve and reunify families are not required if a court of competent jurisdiction has determined that…

48. T.M.W. v. T.A.C. 80 So. 3d 1103 · 5D11-3399 · 5th DCA 2012

    Reversed & remanded This opinion cites § 39.802 1 time: (1)

    Termination in a mother's private petition reversed because the indigent incarcerated father was denied appointed counsel; he also had standing to contest it.

    …reverse the order terminating T.M.W.'s parental rights in order to allow him the opportunity to be represented by counsel for the TPR proceedings. Section 39.802(1), Florida Statutes (2010) provides that: All proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by…

49. S.B. v. Department of Children & Family Services 80 So. 3d 438 · 2D11-4782 · 2nd DCA 2012

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    · cited by 4 in all courts

    Termination affirmed because the mother's rights to three half-siblings were previously terminated and evidence showed termination served the child's manifest best interests.

    …we do not need to decide whether the trial court correctly relied on section 39.806(1)(£) as an alternative ground for termination. See § 39.802(4)(a), Fla. Stat. (2010); cf. A.H. v. Dep’t of Children & Families, 63 So.3d 874, 877 (Fla. 1st DCA 2011). Section 39.806(1)(l) has an effective…

50. L.J. v. A.S. 25 So. 3d 1284 · 2D08-5479 · 2nd DCA 2010

    This opinion cites § 39.802 1 time: (1)

    · cited by 9 in all courts

    …that, contrary to the circuit court's statement, there appears no obstacle to L.J.'s instituting an action to terminate the parental rights of M.A. See § 39.802(1), Fla. Stat. (2009) (stating that all proceedings seeking to terminate parental rights may be initiated by "any other person who has knowledge of the facts…

51. A.W. v. Department of Children & Families 969 So. 2d 496 · 1D07-1724 · 1st DCA 2007

    Affirmed This opinion cites § 39.802 1 time, the section generally

    · cited by 12 in all courts

    Termination affirmed because the developmentally disabled mother's technical case plan compliance did not remedy unsafe conditions or show parenting ability; limited post-termination letters were upheld.

    …hazardous conditions in her home, and that she had failed to demonstrate sufficient parenting skills to protect B.W. from serious harm. Pursuant to section 39.802, Florida Statutes (2006), the Department initiated proceedings to terminate Appellant's parental rights based on her failure to complete the case plan and the…

52. S.D. v. Department of Children & Families 967 So. 2d 1016 · 4D07-2617 · 4th DCA 2007

    Reversed This opinion cites § 39.802 1 time: (1)

    Termination reversed because no termination petition was ever filed, so the court's jurisdiction was not invoked; DCF may file a new petition.

    …petition which has simply been lost. The jurisdiction of the court over a parent in a termination proceeding is invoked by the filing of a petition. See § 39.802(1), Fla. Stat. (“[a]ll proceedings seeking an adjudication to terminate parental rights pursuant to this chapter must be initiated by the filing of an original…

53. W.S. v. Department of Children & Families 961 So. 2d 1131 · 4D07-382 · 4th DCA 2007

    Affirmed This opinion cites § 39.802 1 time: (4)(a)

    · cited by 9 in all courts

    Termination affirmed for the father's case plan failure; the unpleaded breach was tried by implied consent and incarceration did not excuse his inaction.

    …statutory reference for a ground for termination alleged in the petition is fatal, so long as the substance of the ground is alleged in the pleading. See § 39.802(4)(a), Fla. Stat. ("A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations: (a) That at…

54. C.M. v. Department of Children & Families 953 So. 2d 547 · 1D05-5351 · 1st DCA 2007

    Affirmed in part, reversed in part This opinion cites § 39.802 1 time, the section generally

    · cited by 13 in all courts

    Termination affirmed, but commitment for adoption was remanded so the court can consider the paternal aunt as adoptive placement after her home study.

    …D.J.W., 764 So.2d 825, 826 (Fla. 2d DCA 2000). The judicial decision whether to terminate parental rights involves two key determinations under section 39.802, Florida Statutes (2004): 1) whether the Department has proved at least one of the grounds for termination set forth in section 39.806, Florida Statutes…

55. T.V.R. v. C.R. 918 So. 2d 395 · 2D04-3714 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 39.802 1 time: (1)

    · cited by 2 in all courts

    Mother-filed termination reversed because the trial court did not properly assess statutory grounds, manifest best interests, least restrictive means, or single-parent termination requirements.

    …agreement regarding visitation. The fact that the mother filed this petition makes the matter somewhat troubling from an equitable standpoint, but section 39.802(1), Florida Statutes (2002), permits the filing of such a petition by “any other person who has knowledge of the facts alleged or is informed of them and…

56. M.D.M. v. Department of Children & Families 914 So. 2d 1005 · 3D04-2247 · 3rd DCA 2005

    This opinion cites § 39.802 1 time, the section generally

    PER CURIAM. We affirm the final judgment terminating the appellant’s parental rights because it is supported by competent, substantial evidence. § 39.802, .806(l)(b), Fla. Stat. (2005); V.G. v. Dep’t of Children & Families, 813 So.2d 298 (Fla. 5th DCA 2002). M.A. v. Dep’t of Children & Families, 814…

57. In re D.A.D. II 903 So. 2d 1034 · 2D04-4623 · 2nd DCA 2005

    Affirmed This opinion cites § 39.802 1 time: (5)

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    … We disagree. When the Department pursues termination of parental rights, it is not required to offer the parent a case plan with a goal of reunification. § 39.802(5). When any ground for termination is proved under section 39.806(1)(e)(i), reasonable efforts to preserve and reunify families are not required. § 39.806(2).…

58. D.A.D. v. Department of Children & Family Services 903 So. 2d 1034 · 2D04-4623-2 · 2nd DCA 2005

    Affirmed This opinion cites § 39.802 1 time: (5)

    · cited by 8 in all courts

    Termination affirmed for the father's pattern of drug-fueled abuse, domestic violence and neglect, though the murder alone lacked a nexus to harm to the children.

    … We disagree. When the Department pursues termination of parental rights, it is not required to offer the parent a case plan with a goal of reunification. § 39.802(5). When any ground for termination is proved under section 39.806(l)(e)-(i), reasonable efforts to preserve and reunify families are not required. § 39.806(2).…

59. B.C. v. Department of Children & Families 887 So. 2d 1046 · SC03-1632 · Florida Supreme Court 2004

    Reversed This opinion cites § 39.802 1 time: (4)(c)

    · cited by 32 in all courts

    Supreme Court held the incarceration ground looks only at the remaining prison time, not the entire sentence, resolving the conflict in the father's favor.

    …at 571 . In addition, the petitioner must allege, and the trial court must find, that termination is in the manifest best interests of the child. See §§ 39.802(4)(c), 39.810, Fla. Stat. (2003). Termination of the parental rights of a parent who has played a supportive and beneficial role in the child's life despite the…

60. T.P. v. Department of Children & Families 860 So. 2d 1084 · 5D02-3671 · 5th DCA 2003

    Affirmed This opinion cites § 39.802 1 time: (4)

    · cited by 6 in all courts

    Termination affirmed under the prior-sibling-termination ground because the mother failed to rebut the presumption with evidence of real change after her baby's death.

    …a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child." (Emphasis added). Section 39.802(4), Florida Statutes, requires that a petition for termination allege the factual grounds for termination under section 39.806 and that termination is in the…

61. C.A.H. v. Department of Children & Families 830 So. 2d 939 · 4D02-1193 · 4th DCA 2002

    Affirmed This opinion cites § 39.802 1 time: (5)

    · cited by 10 in all courts

    Termination affirmed on abandonment: the mother's repeated jailings, no support and missed hearings supported it, and no reunification case plan was required.

    …state that when DCF seeks to terminate parental rights due to abandonment, it need not offer the parent a case plan with a goal of reunification. See §§ 39.802(5), 39.806(3), Fla. Stat. (2001). In cases of abandonment, the goal of the case plan can be termination of parental rights. See § 39.806(3). Still, our supreme…

62. Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002

    Certiorari / writ denied This opinion cites § 39.802 1 time, the section generally

    · cited by 8 in all courts

    DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.

    …Mother's parental rights to the Child and permanently commit the Child to the custody of the Department for subsequent adoption, and pursuant to Sections 39.802 and 39.810, Fla. Stat. (1998), permanently deprive the Mother of any rights that she may have to the Child.... * * * * The Court FURTHER FINDS that the…

63. L.O. v. Department of Children & Family Services 807 So. 2d 810 · 4D01-3359 · 4th DCA 2002

    Reversed & remanded This opinion cites § 39.802 1 time: (1)

    · cited by 4 in all courts

    Termination based on the mother's consent in a criminal plea reversed because no adjudicatory hearing was held at which she could challenge the consent.

    …department, the guardian ad litem, a licensed child-placing agency, or any other person who has knowledge of the facts alleged and believes them to be true. § 39.802(1), Fla. Stat. (1999); Fla. R. Juv. P. 8.500. An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties…

64. M.E.G. v. Department of Children & Families 805 So. 2d 40 · 5D00-2560 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.802 1 time: (1)

    Disposition order entered nearly five years after the hearing was vacated because it rested on stale facts; a new dependency hearing is required.

    …of abuse and neglect, and finding none, declined to proceed further. It was the maternal *41 grandparents who exercised their rights under sections 39.501(1) and 39.802(1), Florida Statutes, to file a petition and litigate the matter to a conclusion, not the Department. MOTION GRANTED. HARRIS and SAWAYA, JJ., concur.

65. In Interest of K.M. & A.M. 788 So. 2d 306 · 2D00-3071 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.802 1 time: (4)

    · cited by 6 in all courts

    Termination reversed because the court did not show it weighed all manifest best interest factors, especially permanent placement with the grandmother caring for the children.

    …and Families proved by clear and convincing evidence the additional requirement that termination is in the manifest best interests of the children. See §§ 39.802(4), 39.809(1), 39.810, Fla. Stat. (1999). The trial court's order states that the court considered all of the statutory factors under section 39.810 in…

66. In re C.W.W. 788 So. 2d 1020 · 2D00-1127 · 2nd DCA 2001

    Reversed & remanded This opinion cites § 39.802 1 time: (5)

    · cited by 54 in all courts

    Termination of a cocaine-exposed newborn's mother reversed as speculative; no reunification case plan was offered, no egregious conduct found, and termination was not least restrictive.

    …him the opportunity to try). The Department correctly points out that it is not required to offer every parent a case plan with a goal of reunification. §§ 39.802(5), .806(3), Fla.Stat. (1999); Dep't of Children & Families v. A.L., 723 So.2d 342, 343 (Fla. 3d DCA 1998), review dismissed, 729 So.2d 392 (Fla.1999).…

67. J.B. v. Department of Children & Family Services 768 So. 2d 1060 · SC95890 · Florida Supreme Court 2000

    Reversed & remanded This opinion cites § 39.802 1 time, the section generallyCited as § 39.4611 (1995 statutes), now § 39.802

    · cited by 63 in all courts

    Termination reversed: twenty-four hours' notice of the advisory hearing and denial of counsel violated due process, though consent by default is facially constitutional.

    …days after the advisory hearing, an adjudicatory hearing must be held where the "court shall consider the elements required for termination as set forth in s. 39.4611," and "[e]ach of these elements must be established by clear and convincing evidence before the petition is granted." § 39.467(1)-(2), Fla. Stat. (1995). At…

68. J.M. v. Department of Children & Families 762 So. 2d 1029 · 3D99-2531 · 3rd DCA 2000

    Affirmed This opinion cites § 39.802 1 time: (8)

    · cited by 2 in all courts

    Termination affirmed: the petition under the threat-to-child ground needed no twelve-month case plan period, so it was not premature, and the evidence was sufficient.

    …the petitioner must allege and prove by clear and convincing evidence that the parent has materially breached the provisions of the case plan. Id. § 39.802(8) (emphasis added). Thus, the petition in this case was timely, not premature, because it was filed after the case plan had expired. The mother bases her…

69. In re A.C. 751 So. 2d 667 · 2D98-04724 · 2nd DCA 2000

    Reversed & remanded This opinion cites § 39.802 1 time: (4)Cited as § 39.4611(1) (1997 statutes), now § 39.802(4)

    · cited by 5 in all courts

    Termination reversed because the judgment lacked findings on the statutory manifest best interests factors, and the court appeared to rely on inadmissible hearsay.

    …termination, the trial court must find, among other things, that the manifest best interests of the child would be served by granting the petition. See §§ 39.4611(1), 39.467(1), Fla. Stat. (1997). Section 39.4612 lists eleven statutory factors for the court to consider in determining the manifest best interests of the…

70. L.J.R. v. T.T. 739 So. 2d 1283 · 1D98-1522 · 1st DCA 1999

    This opinion cites § 39.802 1 time: (1)Cited as § 39.461(1) (1997 statutes), now § 39.802(1)

    · cited by 6 in all courts

    …Children and Family Services, the statute also authorizes any "person who has knowledge of the facts" to file a petition for termination of parental rights. § 39.461(1), Fla.Stat. (1997). That is how T.T. might have proceeded here. [3] Granting her petition for adoption by birthparent confer[red few or] no additional…

71. In re R.H. 726 So. 2d 377 · 2D98-01121 · 2nd DCA 1999

    This opinion cites § 39.802 1 time: (8)Cited as § 39.4611(5) (1997 statutes), now § 39.802(8)

    …filed prior to the time agreed for performance of the plan, the petitioner must prove a material breach of the plan by clear and convincing evidence. See § 39.4611(5), Fla. Stat. (1997). [1] We conclude the Department did not prove a material breach. Further, the mother did not have a reasonable opportunity to comply with…

72. A.H. v. Department of Children & Families 726 So. 2d 377 · 2D98-01121-2 · 2nd DCA 1999

    This opinion cites § 39.802 1 time: (8)Cited as § 39.4611(5) (1997 statutes), now § 39.802(8)

    · cited by 3 in all courts

    …filed prior to the time agreed for performance of the plan, the petitioner must prove a material breach of the plan by clear and convincing evidence. See § 39.4611(5), Fla. Stat. (1997). 1 We conclude the Department did not prove a material breach. Further, the mother did not have a reasonable opportunity to comply with…

73. G.L.S. v. Department of Children & Families 700 So. 2d 96 · 1D97-1493 · 1st DCA 1997

    This opinion cites § 39.802 1 time, the section generallyCited as § 39.4611 (1995 statutes), now § 39.802

    · cited by 7 in all courts

    …Services for adoptive placement. 28. Also as found in this Court's order of February 13, 1997, nunc pro tunc to November 19, 1996, the elements of section 39.4611, Florida Statutes, have been met in that a petition for termination of parental rights has been filed supporting at least *98 one of the grounds listed in…

74. Department of Health & Rehabilitative Services v. S.H. 666 So. 2d 1039 · DCA95-1094 · District Court of Appeal 1996

    This opinion cites § 39.802 1 time, a subsectionAlso cites § 39.461(2) under the 1993 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …states that procedures for conducting a diligent search in cases of abandonment are specified in Florida Administrative Code 10M-6.133. . Section 39.461(2), Florida Statutes (1993), provides that the form of a termination petition is governed by the Florida Rules of Juvenile Procedure. . This rule regarding…

75. Moore v. Department of Health & Rehabilitative Services 664 So. 2d 1137 · 5D95-845 · 5th DCA 1995

    This opinion cites § 39.802 1 time, the section generallyCited as § 39.4611 (1994 statutes), now § 39.802

    · cited by 13 in all courts

    …hearing (1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination as set forth in s. 39.4611. Each of these elements must be established by clear and convincing evidence before the petition is granted. (2) The adjudicatory hearing must be held…

76. Department of Health & Rehabilitative Services v. Kahn 639 So. 2d 689 · 5D93-2460 · 5th DCA 1994

    This opinion cites § 39.802 1 time, a subsectionAlso cites § 39.461(1) under the 1993 statutes, too old to match to today's subsections.

    …moved to terminate supervision but the trial court denied the motion. The guardian ad litem ultimately petitioned for termination of parental rights. See § 39.461(1), Fla. Stat. [1] Kahn prosecuted the action and called Dr. Sobel to testify. The trial court terminated the natural mother's parental rights and upon…

77. Cashion v. Department of Health & Rehabilitative Services 630 So. 2d 1244 · DCA93-2431 · District Court of Appeal 1994

    This opinion cites § 39.802 1 time, a subsectionAlso cites § 39.461(1) under the 1993 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …met the statutory test, i.e., they were “any other person who has knowledge of the facts alleged or is informed of them and believes that they are true.” § 39.461(1), Fla.Stat. (1993). We modify the order by striking so much of the dismissal as holds that it is with prejudice, and strike the determination that the…

78. Lupinek v. Firth 619 So. 2d 379 · 5D92-2936 · 5th DCA 1993

    This opinion cites § 39.802 1 time, a subsectionAlso cites § 39.461(1) under the 1992 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …GRIFFIN, Judge. The order appealed, which declared the petitioner's Motion for Termination of Parental Rights a "nullity", is reversed. Pursuant to section 39.461(1), Florida Statutes, and Florida Rule of Juvenile Procedure 8.500(b), appellant, as the child's Guardian Ad Litem, had the authority to file a petition to…

79. In re Amendments to the Florida Rules of Juvenile Procedure 123 So. 3d 1128 · SC13-1354 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 39.802 1 time: (4)

    · cited by 1 in all courts

    …Order — Delinquency). The majority of the proposals are in response to recent statutory amendments. See ch.2012-81, § 1, Laws of Fla. (amending § 39.802(4)); ch.2012-84, § 2, Laws of Fla. (amending § 20.19, Fla. Stat.); eh.2013-21, § 3, Laws of Fla. (creating § 39.522(3), Fla. Stat.); ch. 2013-107 (amending §…

80. In re Amendments to the Florida Rules of Juvenile Procedure 101 So. 3d 368 · SC12-1605 · Florida Supreme Court 2012

    Rule amendment This opinion cites § 39.802 1 time: (4)

    · cited by 1 in all courts

    …(Petition for Involuntary Termination of Parental Rights) should be amended in response to section 1 of chapter 2012-81, Laws of Florida, amending section 39.802(4), Florida Statutes.

81. Amendments to the Florida Rules of Juvenile Procedure 894 So. 2d 875 · SC04-97 · Florida Supreme Court 2005

    Rule amendment This opinion cites § 39.802 1 time: (1)

    · cited by 1 in all courts

    …delete “a licensed child-placing agency” from the list of those who may file a petition to terminate parental rights, thereby conforming the rule to section 39.802(1), Florida Statutes (2004), which was amended in 2001 to remove “licensed child-placing agency” from the list. See ch.2001-03, § 2, at 7, Laws of Fla. …

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