Dependency Law Finder

Reversed This opinion cites § 39.806 59 times: (1), (1)(a), (1)(b), (1)(d), (1)(d)1., (1)(d)3., (1)(i), and the section generallyCited as § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d); § 39.464 (2003 statutes), now § 39.806

· 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.

…be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child. § 39.464(1)(d), Fla. Stat. (1997) (emphasis supplied). Thus, the various sections were in the conjunctive. In 1998, section 39.464 was renumbered to section 39.806 during a…

Reversed & remanded This opinion cites § 39.806 52 times: (1), (1)(a), (1)(c), (1)(i), and the section generally

· 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.

…Fort Lauderdale, FL; Ryan Truskoski, Orlando, FL; and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, FL, for Appellee. PER CURIAM. Section 39.806(1)(i), Florida Statutes (2001), authorizes the filing of a petition for termination of parental rights "when the parental rights of the parent to a sibling have…

Affirmed in part, reversed in part This opinion cites § 39.806 44 times: (1), (1)(d)2., (1)(f), (1)(f)2., (1)(h), (1)(i), (2), and the section generally

Termination for egregious conduct toward one child affirmed, including as to siblings, but remanded for best-interest findings for each sibling.

…rights to her four children based upon egregious conduct toward her thirteen-month-old child, egregious conduct being a ground for termination in section 39.806(1)(f), Florida Statutes (2020). She argues that the Department of Children and Families (“the Department”) did not prove this ground for termination by clear and…

Reversed & remanded This opinion cites § 39.806 40 times: (1)(b), (1)(c), (1)(d), (1)(d)1., (1)(d)2., (1)(d)3., (1)(e), (1)(e)1., (1)(e)2., (1)(g), (1)(h), and the section generally

Termination reversed because incarceration cannot be repackaged as case plan breach; the incarceration ground was unavailable and a no-new-law-violations task could not support termination.

…the trial court's order terminating his parental rights to his three children, C.N., M.N., and D.N., based on the material breach of a case plan under section 39.806(1)(e)(2), Florida Statutes (2008). [1] The Father breached case plan tasks requiring him to commit no further law violations and to avoid further involvement in…

Reversed & remanded This opinion cites § 39.806 40 times: (1), (1)(b), (1)(c), (1)(d), (1)(d)1., (1)(d)2., (1)(d)3., (1)(e), (1)(e)1., (1)(e)2., (1)(g), (1)(h), and the section generally

· cited by 4 in all courts

Termination reversed because incarceration cannot be repackaged as case plan breach; the incarceration ground was unavailable and a no-new-law-violations task could not support termination.

…the trial court’s order terminating his parental rights to his three children, C.N., M.N., and D.N., based on the material breach of a case plan under section 39.806(l)(e)(2), Florida Statutes (2008). 1 The Father breached case plan tasks requiring him to commit no further law violations and to avoid further involvement in crimes…

Affirmed This opinion cites § 39.806 38 times: (1), (1)(f), (1)(f)2., (1)(g), (1)(h), (1)(l), and the section generally

Termination affirmed; both statutory grounds held facially constitutional, and the mother knowingly failed to prevent the father's near-fatal beating of her son.

…overlapping legal analysis, the opinions contain duplicative language where appropriate. With respect to the Mother’s argument, she asserts both sections 39.806(1)(l) and 39.806(1)(f), Florida Statutes (2019), are facially unconstitutional, and that the trial court’s termination under section 39.806(1)(f) was not supported…

Affirmed This opinion cites § 39.806 36 times: (1), (1)(b), (1)(f), (1)(g), (1)(h), (1)(l), (2), and the section generally

Termination affirmed; the egregious conduct and three-placements grounds were constitutional and supported, and termination served the children's manifest best interests.

…where appropriate. With respect to the Father’s argument, he asserts the trial court erred in terminating his parental rights because sections 39.806(1)(f), (g), (h), and (l), Florida Statutes (2019), are unconstitutional, and because there 1 was insufficient competent,…

Reversed & remanded This opinion cites § 39.806 34 times: (1), (1)(c), (1)(d), (1)(f), (1)(f)2., (1)(h), (1)(i), (2), (3), and the section generally

· 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.

…in the parent/child relationship threatened the life or well-being of the children without regard to provision of services by DCF, pursuant to section 39.806(l)(c), Florida Statutes (2008); (2) that they had engaged in egregious conduct which endangered the life, health, or safety of the child or child’s siblings or had…

Affirmed This opinion cites § 39.806 32 times: (1)(b), (1)(c), (1)(d), (1)(d)1., (1)(d)3., (1)(d)3.a., (1)(e)1., (1)(e)3., (2), and the section generally

· cited by 5 in all courts

Termination affirmed on the incarceration ground because the mother had no relationship with the child; four other grounds lacked evidence; ineffective-assistance motion denied.

…order based on the trial court's finding that it would be harmful to the child to continue the relationship with M.S., an incarcerated parent, under section 39.806(1)(d)(3), Florida Statutes (2014). I. THE FACTUAL BACKGROUND M.S. was known to the Department of Children and Families…

Reversed & remanded This opinion cites § 39.806 30 times: (1)(c), (1)(d)1., (1)(d)3., (1)(f)

Termination reversed: the father's decade-old conduct toward older children showed no present risk, and about eight years' incarceration was not a substantial portion of minority.

…The Father does not challenge the adjudication of dependency but argues that the trial court erred in terminating his parental rights pursuant to section 39.806(1)(c), (1)(d)(1), (1)(d)(3), and (1)(f), Florida Statutes (2002). We affirm the adjudication of dependency and reverse the termination of parental rights. E.I.F.…

Reversed & remanded This opinion cites § 39.806 30 times: (1)(c), (1)(d)1., (1)(d)3., (1)(e)1., (1)(f)Cited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

· cited by 7 in all courts

Termination reversed: the father's decade-old conduct toward older children showed no present risk, and about eight years' incarceration was not a substantial portion of minority.

…The Father does not challenge the adjudication of dependency but argues that the trial court erred in terminating his parental rights pursuant to section 39.806(l)(c), (l)(d)(l), (l)(d)(3), and (l)(f), Florida Statutes (2002). We affirm the adjudication of dependency and reverse the termination of parental rights. E.I.F.…

Affirmed This opinion cites § 39.806 29 times: (1), (1)(f), (1)(f)2., (1)(g), (1)(h), and the section generally

Termination of four children affirmed on egregious conduct for failing to stop sexual abuse; relying on an unpled sexual abuse ground was harmless error.

…statutory manifest best interest factors as applied to each of the Three Siblings. We address each argument in turn. 1. Unpled Statutory Ground (§ 39.806(1)(g)) “[B]efore terminating parental rights, ‘the trial court must find that the Department established by clear and convincing evidence the following:…

Affirmed This opinion cites § 39.806 27 times: (1)(c), (1)(e)1., (1)(f), (1)(f)2., (1)(i), (2), (3), and the section generallyCited as § 39.464(1)(f) (1997 statutes), now § 39.806(1)(e)1.; § 39.464(1)(c) (1997 statutes), now § 39.806(1)(c)

· cited by 7 in all courts

Termination affirmed: prior sibling terminations and failure to protect a sibling from abuse supported it; counsel's consent to judge viewing videotapes waived objection.

…C.W. and the father had "abandoned or neglected and have continued to abandon or neglect their children pursuant to Section 39.01(1) and (36), and Section 39.464(1)(f) and (c), Florida Statutes (1997)." Subsequently, C.W. pled nolo contendere and was adjudicated guilty of two counts of child neglect, a third-degree felony,…

Reversed & remanded This opinion cites § 39.806 24 times: (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(i), (1)(m), (2), and the section generally

Denial of termination reversed for an incarcerated father who conceived the child by sexual battery of a minor; best-interests and least-restrictive findings were flawed.

…petition alleged five statutory grounds for termination: (1) C.W.'s involvement with X.W. was a threat to X.W.'s life, safety, and well-being under section 39.806(1)(c), Florida Statutes (2016); (2) C.W. was incarcerated and expected to remain so for a significant portion of X.W.'s minority under section 39.806(1)(d);…

Reversed & remanded This opinion cites § 39.806 24 times: (1)(c), (1)(d), (1)(e), (1)(f), (1)(g), (1)(i), (1)(m), (2), and the section generally

· cited by 4 in all courts

Denial of termination reversed for an incarcerated father who conceived the child by sexual battery of a minor; best-interests and least-restrictive findings were flawed.

…alleged five statutory grounds for termination: (1) C.W.'s involvement *884 with X.W. was a threat to X.W.'s life, safety, and well-being under section 39.806(1)(c), Florida Statutes (2016) ; (2) C.W. was incarcerated and expected to remain so for a significant portion of X.W.'s minority under section 39.806(1)(d) ; (3)…

Reversed This opinion cites § 39.806 24 times: (1)(b), (1)(d)1., (1)(d)3., (1)(e)1., (1)(i)

· cited by 5 in all courts

Denial of termination reversed: the incarcerated father's lengthy sentence and absent relationship met the incarceration ground, so termination of both parents was directed.

…in two respects: (1) finding that the father’s incarceration period does not constitute a significant portion of the child’s minority pursuant to section 39.806(1)(d)1., Florida Statutes (2015); and (2) finding that the father’s continued parental relationship with the child would not be contrary to the child’s best interests…

Reversed & remanded This opinion cites § 39.806 24 times: (1), (1)(e), (1)(f), (1)(g), (1)(h), (1)(i), (3), and the section generallyAlso cites § 39.464(3), 39.464(4) under the 1990 statutes, too old to match to today's subsections.

· 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.

…re Camm, 294 So.2d 318, 320 (Fla.), cert. denied, 419 U.S. 866 , 95 S.Ct. 121 , 42 L.Ed.2d 103 (1974)). Id. (emphasis added). Sections 39.464(3) and (4), Florida Statutes (Supp. 1990), as discussed in In re T.M., were the predecessors to the statutory grounds for termination involved in this case. I…

Affirmed This opinion cites § 39.806 24 times: (1), (1)(c), (1)(e), (1)(i), (1)(l)

· cited by 11 in all courts

Termination affirmed because the mother did not preserve her challenges and waived the retroactivity claim; conflict certified on needing a dismissal motion.

…abuse. After the third removal, the Guardian Ad Litem program (“GAL”) filed a petition for termination of Appellant’s parental rights pursuant to sections 39.806(l)(c) and (l), Florida Statutes (2008). Section 39.806(l)(e) provides for the termination of parental rights: When the parent or parents engaged in conduct…

Reversed & remanded This opinion cites § 39.806 24 times: (1)(b), (1)(c), (1)(e), (1)(e)1., and the section generally

Termination reversed: case plan noncompliance did not show continuing harm, and DCF proved neither a threat to the children nor that services would be futile.

…anger management, domestic violence, and stable employment. For this reason, DCF requested that the Mother's parental rights be terminated under subsections 39.806(1)(c) and (e), Florida Statutes (2007). The petition also requested *646 termination of the Father's parental rights as authorized by the same statutory…

Reversed & remanded This opinion cites § 39.806 24 times: (1)(b), (1)(c), (1)(e), (1)(e)1., and the section generally

· cited by 8 in all courts

Termination reversed: the parents largely complied with their case plans, and the department did not prove domestic violence or mental illness threatened the children.

…anger management, domestic violence, and stable employment. For this reason, DCF requested that the Mother’s parental rights be terminated under subsections 39.806(l)(c) and (e), Florida Statutes (2007). The petition also requested *646 termination of the Father’s parental rights as authorized by the same statutory…

Affirmed This opinion cites § 39.806 24 times: (1)(d), (1)(d)2., (1)(e)1., (1)(f), (1)(f)2., (1)(g), (2)Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

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.

…in some respects, we commend the trial court's thorough consideration of this troubling case and affirm the order terminating parental rights. SECTION 39.806(1)(f) Among the grounds for termination of parental rights alleged in the Department of Children and Family Services' petition was section 39.806(1)(f), Florida…

Affirmed This opinion cites § 39.806 24 times: (1)(d), (1)(d)2., (1)(e)1., (1)(f), (1)(f)2., (1)(g), (2)Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· 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.

…in some respects, we commend the trial court’s thorough consideration of this troubling case and affirm the order terminating parental rights. SECTION 39.806(l)(f) Among the grounds for termination of parental rights alleged in the Department of Children and Family Services’ petition was section 39.806(l)(f), Florida…

Reversed & remanded This opinion cites § 39.806 24 times: (1), (1)(c), (1)(i), and the section generally

· cited by 16 in all courts

Termination reversed: DCF showed no present threat to the child, and the prior-sibling-termination ground was held facially unconstitutional for shifting the burden to the parent.

… A mother, F.L., appeals the trial court's order terminating her parental rights to her seventh child. The trial court terminated her rights under sections 39.806(1)(c) and (i), Florida Statutes (2001). We hold that the Department of Children and Families ("DCF") failed to prove grounds for termination as authorized under…

This opinion cites § 39.806 23 times, a subsectionCited as § 39.464 (1990 statutes), now § 39.806Also cites § 39.464(3), 39.464(4), 39.464(5) under the 1990 statutes, too old to match to today's subsections.

· cited by 39 in all courts

…based upon its determination that a performance agreement or permanent placement plan is not a prerequisite to termination of parental rights under sections 39.464(3) and (4), Florida Statutes (Supp. 1990). 622 So.2d at 590 . Section 39.464 allows for a petition for the termination of parental rights without a current…

Affirmed This opinion cites § 39.806 21 times: (1)(d)1., (1)(d)2., (1)(f), (1)(h), (1)(i), (2)

Termination of an incarcerated sexual predator father affirmed; the statute is constitutional facially and as applied, and substantial risk of harm was shown.

…to his daughter, C.M.H. (the Child), on the ground that he is incarcerated and has been designated a sexual predator. He asserts that the portion of section 39.806(1)(d)(2), Florida Statutes (2015), providing that ground for termination is unconstitutional both on its face and as applied to him. We observe that the…

Reversed & remanded This opinion cites § 39.806 21 times: (1)(b), (1)(d)2., (1)(m), and the section generally

· cited by 2 in all courts

Court wrongly required a criminal plea or conviction for the sexual-battery conception ground; reversed and remanded for best-interests and least-restrictive-means findings.

…called upon to determine whether proof of a guilty plea or conviction in a criminal proceeding is required for termination of parental rights under section 39.806(1)(m), Florida Statutes (2014). Section 39.806(1)(m) allows for termination of parental rights of an offending parent when a child is conceived by the offending…

Affirmed This opinion cites § 39.806 21 times: (1)(d), (1)(e), (1)(e)1., (1)(f), and the section generally

Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

…on appeal, we write to address only the issue of whether it was fundamental error for the trial court to terminate the parental rights to E.C. under section 39.806(1)(e)(1), Florida Statutes (2006), when the case plan that was approved by the court and relied upon by the parties throughout the proceedings was not filed in the…

Affirmed This opinion cites § 39.806 21 times: (1)(d), (1)(e), (1)(e)1., (1)(f), and the section generally

· cited by 12 in all courts

Termination affirmed: failure to file the case plan was not fundamental error because the parents knew of it and never objected over three years; dissent.

…on appeal, we write to address only the issue of whether it was fundamental error for the trial court to terminate the parental rights to E.C. under section 39.806(l)(e)(l), Florida Statutes (2006), when the case plan that was approved by the court and relied upon by the parties throughout the proceedings was not filed in the…

Other This opinion cites § 39.806 21 times: (1), (1)(a), (1)(b), (1)(i), 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.

…threatens the child irrespective of services; continued abuse; abandonment or neglect after filing a case plan; and material breach of the case plan. See § 39.806(1), Fla. Stat. (2007). [1] The mother appeared at the advisory hearing held on July 5, 2007. The trial court expressly informed her of the date, time, and…

Reversed & remanded This opinion cites § 39.806 21 times: (1)(b), (1)(c), (1)(d)1., (1)(d)3., (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 18 in all courts

Termination reversed: no clear and convincing proof of abandonment, threat to the child, or case plan failure, since incarceration alone was the obstacle.

…parental rights to J.B., and requested that J.B. be placed for adoption. The Department alleged the following statutory grounds for termination: (1) section 39.806(1)(b), Florida Statutes (2001), abandonment of the child; (2) section 39.806(1)(c), conduct toward the child demonstrating that the continuing involvement of the…

Reversed This opinion cites § 39.806 21 times: (1)(b), (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

Termination reversed: DCF stopped the cognitively impaired mother's therapy for seven months, and the record did not show further services would be futile.

…Petition ("TPR Petition") was filed, and it was later amended on March 24, 2004. The Department sought termination based on the following grounds: 1) section 39.806(1)(c), Florida Statutes (2004), which provides that irrespective of services, the parent's continuing involvement with the child threatens the child's safety,…

Affirmed in part, reversed in part This opinion cites § 39.806 21 times: (1)(c), (1)(d), (1)(e)1., (1)(f), (1)(f)2.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Terminations affirmed only as to the severely abused child; reversed for his siblings for lack of proven risk, and one father's under one-parent rules.

…that she had failed to comply with a case plan. Instead, the Department alleged that the Mother had engaged in egregious conduct as described in section 39.806(1)(f), Florida Statutes (2003), and that she engaged in conduct toward the children that continued to threaten the life, safety, well-being, or physical, mental, or…

Affirmed This opinion cites § 39.806 21 times: (1)(b), (1)(c), (1)(d), (1)(d)1., (1)(d)3., (1)(e)1., (1)(f)Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 20 in all courts

Termination stands on the case plan ground, but findings on an unpleaded incarceration subsection were struck as a denial of notice and a fair hearing.

…for termination of parental rights as to R.S. and her four children. In the petition, DCF stated five grounds for termination: Florida Statutes sections 39.806(1)(b), 39.806(1)(c), *413 39.806(1)(d)3., 39.806(1)(e), and 39.806(1)(f). During DCF's opening statement at the termination hearing, DCF requested termination on…

Affirmed This opinion cites § 39.806 21 times: (1)(f), (1)(i), and the section generally

· 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.

…or lacking in evidentiary support.") (citations omitted). The petition for termination in the instant case cited two grounds for the termination, sections 39.806(1)(i) and 39.806(1)(f), Florida Statutes. Although the court cited both in its termination order, the mother's arguments generally focus on section 39.806(1)(i) to…

Affirmed in part, reversed in part This opinion cites § 39.806 20 times: (1), (1)(c), (1)(d), (1)(e), (1)(f), (1)(i), and the section generally

· cited by 9 in all courts

Single-parent termination of the mother reversed for lack of evidence of a prior involuntary termination; the father's non-termination reversed for inadequate best-interest and compliance findings.

…of Parental Rights as to both parents, alleging that grounds for termination of parental rights existed under paragraphs (b), (c), and (e) of section 39.806(1), Florida Statutes (2006). After a considerable delay, the matter proceeded to trial, where the Department sought to prove grounds for termination of both…

Reversed & remanded This opinion cites § 39.806 19 times: (1), (1)(c), (1)(i), (1)(l), (2), (3)

· cited by 5 in all courts

Expedited termination reversed because prior sibling terminations three years earlier and housing instability did not prove substantial risk of significant harm or least restrictive means.

…for their previous six children, including the hearing transcripts. The Department sought termination based upon three grounds: First, pursuant to section 39.806(l)(i), Florida Statutes, addressing termination based upon prior involuntary termination of parental rights of other children; second, pursuant to section…

Affirmed in part, reversed in part This opinion cites § 39.806 19 times: (1)(b), (1)(c), (1)(d), (1)(e)1., (1)(f), (2), and the section generallyCited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 6 in all courts

Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

…the natural mother (the Mother) of E.D., B.N., A.N., and R.N., appeals the final judgment terminating her parental rights. The trial court ruled that section 39.806(1)(b) and (1)(c), Florida Statutes (2001), authorized termination of her parental rights to all four children. We reverse the termination of her rights to E.D.…

Affirmed in part, reversed in part This opinion cites § 39.806 19 times: (1)(b), (1)(c), (1)(d), (1)(e)1., (1)(f), (2), and the section generallyCited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Termination affirmed for three children on the threat-of-harm ground despite a flawed incarceration-based abandonment finding; reversed for the oldest because the other parent's rights remained.

…the natural mother (the Mother) of E.D., B.N., A.N., and R.N., appeals the final judgment terminating her parental rights. The trial court ruled that section 39.806(l)(b) and (l)(c), Florida Statutes (2001), authorized termination of her parental rights to all four children. We reverse the termination of her rights to E.D.…

This opinion cites § 39.806 19 times, a subsectionCited as § 39.464 (1992 statutes), now § 39.806Also cites § 39.464(4) under the 1992 statutes, too old to match to today's subsections.

· cited by 9 in all courts

…Dept. of Health and Rehabilitative Services, amicus curiae. PER CURIAM. In these consolidated appeals we review the trial court's order finding Section 39.464(4), Florida Statutes, unconstitutional for lack of procedural due process for: (1) failure to require the petitioner to plead egregious abuse in the original…

Reversed & remanded This opinion cites § 39.806 18 times: (1), (1)(d)3., (1)(f), (2), and the section generally

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.

…May the court do this, even though it concluded, by clear and convincing evidence, that the father had engaged in the egregious conduct set out by section 39.806(1)(f) as a ground for termination? We say no and reverse. Before a trial court can terminate a parent’s rights to his child, there must be clear and…

Reversed & remanded This opinion cites § 39.806 18 times: (1)(c), (1)(f), (1)(f)2., (2)

· 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.

… K.E. (the Mother) appeals from the trial court's final judgment terminating her parental rights to her child, C.E. (the Child), under sections 39.806(1)(c) and 39.806(1)(f), Florida Statutes (2017). Because the evidence before the trial court was insufficient to support termination of the Mother's parental…

Reversed This opinion cites § 39.806 18 times: (1)(b), (1)(c), (1)(e), (1)(f), (1)(g), (1)(h), and the section generally

· cited by 5 in all courts

Termination reversed because none of the five grounds was proven; the father did not knowingly fail to protect his son from the mother's abuse.

…petition for termination of parental rights, initiating the present proceeding. As grounds for termination, an amended petition alleged that: under section 39.806(l)(b), Florida Statutes (2009), appellant had abandoned the children; under section 39.806(l)(c), appellant and S.S. had engaged in conduct toward the children…

Reversed & remanded This opinion cites § 39.806 18 times: (1)(b), (1)(c), (1)(d), (1)(d)3., (1)(i)

Termination of both parents reversed because DCF proved no ground, including no substantial risk from a prior sibling termination or harm from short incarceration.

…by both the Mother and Father that was unrelated to the birth of the twins. The Department's petition included four grounds for termination: (1) section 39.806(1)(i), Florida Statutes (2003), alleging the Mother's parental rights had been terminated involuntarily as to another child; (2) section 39.806(1)(c), alleging the…

Reversed & remanded This opinion cites § 39.806 18 times: (1), (1)(b), (1)(c), (1)(d), (1)(d)3., (1)(i)

· cited by 7 in all courts

Termination of both parents reversed because DCF proved no ground, including no substantial risk from a prior sibling termination or harm from short incarceration.

…by both the Mother and Father that was unrelated to the birth of the twins. The Department’s petition included four grounds for termination: (1) section 39.806(l)(i), Florida Statutes (2003), alleging the Mother’s parental rights had been terminated involuntarily as to another child; (2) section 39.806(l)(c), alleging the…

Reversed & remanded This opinion cites § 39.806 18 times: (1)(c), (1)(f), and the section generally

· cited by 77 in all courts

Termination reversed because nothing showed the mother caused or knowingly failed to prevent the infant's fractures, and no case plan or services were offered.

…City, for Appellee. PER CURIAM. N.L., the mother of S.W., appeals an order terminating her parental rights. The court below found that both subsections 39.806(1)(c) and (1)(f), Florida Statutes (2000), authorized termination of parental rights. Because the record contains no competent substantial evidence supporting…

Affirmed This opinion cites § 39.806 17 times: (1)(c), (1)(e), (1)(e)1., (1)(f), (1)(i), (2)

Termination affirmed on the threat ground; the case plan noncompliance ground was struck because that child was never adjudicated dependent.

…grounds in support of his petition: (i) continued abuse/neglect/abandonment for failure to comply substantially with a case plan pursuant to section 39.806(1)(e)(1), Florida Statutes (2017); (ii) irrespective of services pursuant to section 39.806(1)(c); (iii) egregious conduct pursuant to section 39.806(1)(f); and (iv)…

Reversed & remanded This opinion cites § 39.806 17 times: (1)(b), (1)(c), (1)(e)1., (1)(e)2.

Termination reversed: an incarcerated father who wrote letters and sent cards had not abandoned his son, and DCF proved no other ground.

…So.2d 1201 , 1205-06 (Fla. 2d DCA 2006). Here, the Department sought termination of the Father's parental rights on four grounds: abandonment under section 39.806(1)(b), Florida Statutes (2006), continuing involvement *1079 threatening the welfare of the child under section 39.806(1)(c), continued abandonment after a case…

Reversed & remanded This opinion cites § 39.806 17 times: (1)(b), (1)(c), (1)(e)1., (1)(e)2.

· cited by 28 in all courts

Termination reversed: an incarcerated father who wrote letters and sent cards had not abandoned his son, and DCF proved no other ground.

…So.2d 1201, 1205-06 (Fla. 2d DCA 2006). Here, the Department sought termination of the Father’s parental rights on four grounds: abandonment under section 39.806(l)(b), Florida Statutes (2006), continuing involvement *1079 threatening the welfare of the child under section 39.806(l)(c), continued abandonment after a case…

Affirmed in part, reversed in part This opinion cites § 39.806 17 times: (1), (1)(a), (1)(c), (1)(i)

· cited by 5 in all courts

Dismissal of prior-sibling ground reversed because termination by consent after nonappearance is still involuntary; dismissal of the continuing-involvement ground affirmed.

…"the Department") may petition for termination on the ground that "the parental rights of the parent to a sibling have been terminated involuntarily." § 39.806(1)(i), Fla. Stat. (2005) (emphasis added). The question here is whether parental rights are "involuntarily" terminated within the meaning of section 39.806(1)(i)…

Affirmed This opinion cites § 39.806 16 times: (1), (1)(a), (1)(b), (1)(c), (1)(e)1., (1)(e)3., (1)(l), and the section generally

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 Florida Rule of Juvenile Procedure 8.520(c) where the basis for the termination of parental rights is a statutory voluntary surrender under section 39.806(1)(a), Florida Statutes (2018). BACKGROUND AND PROCEDURAL HISTORY D.M. was born in September 2007 and has endured a heartbreaking history with his…

Affirmed in part, reversed in part This opinion cites § 39.806 16 times: (1)(b), (1)(c), (1)(e), (1)(e)1.

· cited by 2 in all courts

Termination reversed as to the younger child because the pleaded case plan ground was invalid, but affirmed as to the older child on abandonment.

…terminate the Mother’s and Father’s parental rights as to S.H. With respect to the Father, the Department alleged only one ground, abandonment under section 39.806(1)(b), Florida Statutes (2015). In May 2015, the parents were arrested for burglary after an alleged altercation at the home of S.H.’s caretaker. Meanwhile, a…

Reversed & remanded This opinion cites § 39.806 16 times: (1)(f), (1)(f)1., (1)(g), (1)(i)

· cited by 1 in all courts

Termination reversed because the trial court retroactively applied the 2014 amendment removing the nexus requirement for egregious conduct toward a sibling; remanded for reconsideration.

…that existed between N.W. and her daughters. Nevertheless, the court terminated N.W.'s parental rights to S.W. and A.W. under a 2014 amendment to section 39.806(1)(f), Florida Statutes, which provides grounds for termination of parental rights when [t]he parent or parents engaged in egregious conduct . . . …

Reversed This opinion cites § 39.806 16 times: (1)(b), (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 8 in all courts

Termination reversed because it rested on an unpleaded ground and the mother substantially complied with her case plan; dependency of the youngest child was unsupported.

…for termination of L.A.G.’s parental rights based on abandonment and her failure to comply with the case plan pursuant to Florida Statutes, sections 39.806(l)(b) and (e). The trial court terminated L.A.G.’s parental rights based on parental conduct that threatens the children’s life or safety, citing Florida Statutes…

Reversed & remanded This opinion cites § 39.806 16 times, a subsectionAlso cites § 39.464(1)(e), 39.464(5), 39.806(1)(c), 39.806(1)(e), 39.806(1)(b), 39.806(1) under the 1993 statutes, too old to match to today's subsections.

· cited by 13 in all courts

Termination reversed: no evidence of threat to the child, no services were offered to the incarcerated father, and abandonment was never pleaded.

…must make reasonable efforts to reunify the family." P.A. v. Dep't of Health & Rehabilitative Servs., 685 So.2d 92, 93 (Fla. 4th DCA 1997) (citing § 39.464(1)(e), Fla. Stat., renumbered 39.806(1)(e)). In this case, the Department made no efforts to reunify the father with the child. Although the father was…

Affirmed This opinion cites § 39.806 15 times: (1)(b), (1)(c), (1)(e)1.

Termination affirmed on abandonment because the incarcerated father made no effort to contact the children; the threat and case plan grounds were reversed.

…parental rights to his two minor children. 1 The trial court found grounds to terminate the father’s parental rights to one child, C.F.P., under sections 39.806(1)(b) (abandonment); 39.806(1)(c) (continuing involvement threatens child’s well-being irrespective of services); and 39.806(1)(e)1. (failure to substantially…

Reversed & remanded This opinion cites § 39.806 15 times: (1)(c), (1)(e), (1)(e)2.

Termination reversed because the father, a domestic violence victim who complied with his case plan, was faulted only for incidental contact with the mother.

…to him and he has reason to know the Mother continues to be a danger to the Children, then his rights should be terminated pursuant to § 39.806(l)(c) because he has shown he cannot change his behaviors that helped cause the Children’s shelter despite the provision of services. If the Father is…

Affirmed in part, reversed in part This opinion cites § 39.806 15 times: (1), (1)(f), (1)(g), (2), (3), and the section generally

· 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.

…to prevent, and knowingly failed to prevent, egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the [c]hild.” § 39.806(1)(f), Fla. Stat. (2017). The parents purportedly “subjected the [c]hild to sexual battery or sexual abuse as defined in Section 39.01, or chronic abuse.”…

Reversed & remanded This opinion cites § 39.806 15 times: (1)(a), (1)(a)1.

· cited by 1 in all courts

Termination reversed because the written surrender documents were never filed or examined, so the statutory requirements for a voluntary surrender were not met.

…and publication and are not the subject of this appeal. T.H. asserts that her agreement to voluntarily surrender her parental rights pursuant to section 39.806(l)(a)(l), Florida Statutes (2010) 1 was conditioned upon A.H. and *152 B.T. being adopted by her sister who lived in Tennessee, which did not occur. Additionally,…

This opinion cites § 39.806 15 times, a subsectionCited as § 39.464 (1993 statutes), now § 39.806Also cites § 39.464(1) under the 1991 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…be binding in this case. I respectfully request my fellow panel members to join in certifying the following issue to the supreme court. WHETHER SECTION 39.464(1), FLORIDA STATUTES, BY PERMITTING WITHDRAWAL OF THE SURRENDER AND CONSENT AFFIDAVIT ONLY WHEN FRAUD OR DURESS IS PROVED, UNDER THE FACTS OF THIS CASE, VIOLATED…

Reversed & remanded This opinion cites § 39.806 14 times: (1)(c), (1)(e), (1)(e)3., (1)(g), (3)

Termination reversed because DCF did not prove the mother's involvement threatened her autistic child or that termination was least restrictive; case plan ordered.

…that the continued involvement of the Mother would threaten the life, safety, well-being, or physical, mental, or emotional health of the Child under section 39.806(1)(c), Florida Statutes (2025), and because termination was not the least restrictive means of protecting the Child from harm, we reverse and remand with…

Reversed & remanded This opinion cites § 39.806 14 times: (1)(d), (1)(d)3., (1)(e), (1)(e)1.

Termination for case plan noncompliance reversed because the incarcerated mother could not comply; denial of the incarceration ground affirmed on DCF's cross-appeal.

…with her case plan. As a result, the mother did not substantially comply with the plan. The trial court terminated the mother's parental rights under section 39.806(1)(e)1, Florida Statutes (2022), due to her noncompliance. She correctly argues that this was error, which the appellees appropriately concede. See M.N. v. Dep't of…

Reversed This opinion cites § 39.806 14 times: (1)(c), (1)(e)3.

Termination reversed because the mother completed all services and findings of ongoing domestic violence and housing instability were unsupported or stale.

…terminating the parental rights of the mother and the father. 1 The court terminated the mother’s parental rights on two statutory grounds: section 39.806(1)(c) (parent’s past conduct demonstrates continuing involvement in parent-child relationship threatens to harm the child irrespective of services); and section…

Reversed & remanded This opinion cites § 39.806 14 times: (1)(b), (1)(c), (1)(e), (1)(f)

· cited by 10 in all courts

Termination reversed because the mother completed her case plan and no evidence showed she failed to substantially comply or posed prospective neglect.

…11, 2010, the Department filed a petition to terminate N.F.’s parental rights. The petition asserted that N.F. had materially breached her case plan, § 39.806(l)(e), Fla. Stat. (2010); that she had abandoned the child, § 39.806(l)(b); and that she had engaged in egregious conduct threatening the child’s life or…

Reversed & remanded This opinion cites § 39.806 14 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 31 in all courts

Termination reversed because the threat finding lacked clear evidence and termination was not least restrictive when the father's rights remained and supervised visits were safe.

…Appellant argues that the trial court's finding that her continuing involvement with the children threatened their well-being or lives pursuant to section 39.806(1)(c), Florida Statutes (2001), was not supported by the evidence. We agree and hold that the trial court's finding was not supported by clear and convincing…

Reversed This opinion cites § 39.806 14 times: (1), (1)(d), (1)(d)3.

· cited by 14 in all courts

Termination reversed: the father's remaining sentence was not a substantial portion of the children's minority, and no criminal court had designated him a sexual predator.

…terminating appellant's parental rights, including abandonment; however, the trial court found that the state proved only two grounds. The first is section 39.806(1)(d)1, Florida Statutes (2001), which provides in part: The department ... may petition for the termination of parental rights under any of the following…

This opinion cites § 39.806 14 times, a subsectionCited as § 39.464 (1994 statutes), now § 39.806Also cites § 39.464(1)(e), 39.464(1)(c), 39.464(1)(d), 39.464(4) under the 1994 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…A.E. be returned to her custody. On March 28, 1994, appellant filed a petition for termination of parental rights. Appellant based the petition upon section 39.464(1)(e), Florida Statutes (Supp.1994) [1] . The petition alleged that A.E. had previously been adjudicated dependent and that appellee *861 had entered a case plan,…

Reversed & remanded This opinion cites § 39.806 13 times: (1)(c), (1)(d)3., (1)(e)

Termination reversed because DCF offered no evidence that continuing the relationship with the incarcerated father would harm the children.

…Department”) failed to prove by clear and convincing evidence that continuing the parental relationship would be harmful to his children pursuant to section 39.806(1)(d)3., Florida Statutes (2021). We agree and reverse. Facts In 2020, the Father became incarcerated after entering a…

Affirmed This opinion cites § 39.806 13 times: (1)(b), (1)(d)1., and the section generally

· cited by 2 in all courts

Termination affirmed on incarceration because her fifteen-year sentence spans the children's minority; the abandonment finding was struck since she kept regular phone contact.

…her parental rights as to her two children, J.L. and J.W. We agree with appellant that the trial court erred in terminating her rights based on section 39.806(1)(b), Florida Statutes (2017), and finding that she abandoned her children. However, we find that there was competent substantial evidence to support the trial…

Reversed & remanded This opinion cites § 39.806 13 times: (1)(b), (1)(c), (1)(f), (1)(j), (1)(l), (2), and the section generallyCited as § 39.464 (2017 statutes), now § 39.806

· cited by 3 in all courts

Denial of termination reversed; requiring parents an opportunity to rehabilitate conflicted with statute excusing case plans, so best interests must be decided on remand.

… (Fla. 1994). Those extraordinary circumstances include severe or continuing abuse through continuing involvement and egregious abuse as found in then section 39.464, paragraphs (3) and (4), now renumbered as section 39.806(1)(c) and (1)(f). Id. “Only by the use of such measures will this Court be able to adhere to the…

Reversed & remanded This opinion cites § 39.806 13 times: (1)(b), (1)(c), (1)(f), (1)(j), (1)(l), (2), and the section generallyCited as § 39.464 (2017 statutes), now § 39.806

Denial of termination reversed; requiring parents an opportunity to rehabilitate conflicted with statute excusing case plans, so best interests must be decided on remand.

…1994). Those extraordinary circumstances include severe or continuing abuse through continuing involvement and egregious abuse as found in then section 39.464, paragraphs (3) and (4), now renumbered as section 39.806(1)(c) and (1)(f). Id. “Only by the use of such measures will this Court be able to adhere to the…

Affirmed This opinion cites § 39.806 13 times: (1)(f), (1)(f)2., (1)(i), and the section generally

· cited by 13 in all courts

Termination affirmed as to the infant with shaken-baby injuries; denial as to the older child affirmed because least restrictive means was not proven.

…people with violent tendencies. 12. It is clear and convincing that the abuse to baby [J.P.] was egregious and life threatening as defined under Fla. Stat. 39.806(1)(f). The trial court denied the petition to terminate the mother's parental rights to her daughter, D.O. The court concluded that DCF and the Foster Children's…

Affirmed in part, reversed in part This opinion cites § 39.806 13 times: (1)(c), (1)(f), (1)(i)

· cited by 46 in all courts

Termination affirmed for the abused child; refusal to terminate as to siblings reversed and remanded, since egregious abuse requires no prior services.

…threatens the life, safety, well-being, or physical, mental, or emotional health of their children, irrespective of the provision of services, see § 39.806(1)(c), Fla. Stat. (1999), and/or that they had engaged in egregious conduct or failed to prevent egregious conduct that threatens the life, *1002 safety, or…

Affirmed This opinion cites § 39.806 13 times: (1)(b), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.Also cites § 39.464(1)(e), which couldn't be matched to today's text.

· cited by 8 in all courts

Termination affirmed on abandonment for sporadic visits and no support, though the case plan ground failed because the children were never adjudicated dependent as to him.

…been adjudicated dependent, a case plan has been filed with the court, and the child continues to be abused, neglected, or abandoned by the parents. See § 39.464(1)(e). It is error to rely on a deficient dependency proceeding and related case plan as a basis for termination under this subsection. The lack of an…

Reversed & remanded This opinion cites § 39.806 13 times: (1)(c), (1)(e)1., (1)(f), (1)(i)Cited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

· 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.

…custody of the child's older siblings"; and the fact that C.C.'s parental rights had been involuntarily terminated as to one of A.C.'s siblings. See §§ 39.806(1)(c), (e), (f) & (i), Fla. Stat. (2000). The trial court's finding that "the child has continued to be neglected or abandoned for the past 12 months or more" is…

Reversed & remanded This opinion cites § 39.806 12 times: (1)(b), (1)(e), (1)(e)1., (1)(e)2., (3), and the section generally

Denial of termination reversed because the court sua sponte ordered permanent guardianship, applied an unpled single-parent standard, misapplied least restrictive means, and skipped best-interest findings.

…the Mother materially breached the case plan and failed to substantially comply with the case plan within 12 months of the child’s shelter pursuant to section 39.806(1)(e)(1) and (1)(e)(2), Florida Statutes (2024). As to the Father, DCF alleged abandonment pursuant to section 39.806(1)(b). In August, DCF was able to locate the…

Reversed This opinion cites § 39.806 12 times: (1), (1)(c), (1)(j)

Denial of termination reversed with directions to terminate; the least-restrictive-means finding lacked support given the mother's twenty-year alcohol abuse and relapses.

…as to both A.W.1 and A.W.Z.2 In the expedited petition, the Department asserted two statutory grounds for termination of her parental rights, (1) section 39.806(1)(c), Florida Statutes (2022) (irrespective of the provision of services), and (2) section 39.806(1)(j), Florida Statutes (2022) (chronic substance abuse), and…

Reversed & remanded This opinion cites § 39.806 12 times: (1)(b), (1)(c), (1)(j), (2)

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

…March 25, 2021, the father filed a private petition to terminate the mother’s parental rights. In the petition, the father alleged abandonment under section 39.806(1)(b), Florida Statutes (2020), and chronic substance abuse under section 39.806(1)(j), Florida Statutes. The mother was not offered a case plan. …

Affirmed This opinion cites § 39.806 12 times: (1)(f), (1)(g), (2), and the section generally

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

…of parental rights of J.H. and B.D. as to both children on two grounds: egregious abuse 2 (violation of section 39.806(1)(f), Florida Statutes (2018)) and aggravated child abuse (violation of section 39.806(g), Florida Statutes (2018)). The grandmother also filed a private petition…

Affirmed This opinion cites § 39.806 12 times: (1)(c), (1)(f)

· cited by 1 in all courts

Termination affirmed on the threat ground and best interests; the court declined to reach the father's constitutional challenge to the egregious-conduct ground.

… December 18, 2018 PER CURIAM. Appellant, A.P., Sr., appeals an order terminating his parental rights pursuant to sections 39.806(1)(c) and (1)(f), Florida Statutes (2017). Appellant argues that the trial court erred in basing the termination in part upon section 39.806(1)(c), 1 that 1 …

Affirmed This opinion cites § 39.806 12 times: (1)(b), (1)(c), (1)(e), (1)(e)1., (1)(e)2., and the section generally

· cited by 26 in all courts

Termination affirmed: the father abandoned the child through sporadic visits and nonpayment, and failed his case plan, never testing negative for marijuana.

…substantial evidence. The Record Before the Trial Court The trial court found that termination of the father’s parental rights was supported by sections 39.806(l)(b), (c), (e)(1), and (e)(2), Florida Statutes (2012). The court also ordered the termination of the mother’s parental rights. 1 The initial dependency petition…

Reversed This opinion cites § 39.806 12 times: (1)(b), (1)(c), (1)(f), and the section generally

Termination of a father accused of killing the mother reversed for lack of findings on futility of services, harm nexus, and least restrictive means.

…termination hearing, the Father had not been convicted. In its petition for termination, DCF alleged that termination was appropriate under either section 39.806(1)(b), (c), or (f), Florida Statutes (2005). The trial court found that DCF presented sufficient evidence to support termination pursuant to sections 39.806(1)(c)…

Reversed This opinion cites § 39.806 12 times: (1)(b), (1)(c), (1)(f), and the section generally

· cited by 1 in all courts

Termination of a father accused of killing the mother reversed for lack of findings on futility of services, harm nexus, and least restrictive means.

…termination hearing, the Father had not been convicted. In its petition for termination, DCF alleged that termination was appropriate under either section 39.806(1)(b), (c), or (f), Florida Statutes (2005). The trial court found that DCF presented sufficient evidence to support termination pursuant to sections 39.806(1)(c)…

Affirmed This opinion cites § 39.806 11 times: (1)(d), (1)(d)1., and the section generally

Dismissal of the mother's private termination petition affirmed because a father on home confinement who can still parent is not incarcerated under the statute.

…trial court’s order dismissing her private petition for termination of parental rights against K.B. (“the father”). The mother’s petition was based on section 39.806(1)(d), Florida Statutes (2023), which allows termination of parental rights under certain conditions when the parent is incarcerated. In dismissing the petition,…

Affirmed This opinion cites § 39.806 11 times: (1)(c), (1)(e)1.

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

…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 restrictive means to protect the children and was in…

Reversed This opinion cites § 39.806 11 times: (1)(a), (1)(c), (1)(l), and the section generally

Termination reversed because DCF presented no competent evidence of the roadside incident, so neither the threat-to-child ground nor the three-removals ground was proved.

…expedited petition for termination of parental rights. The petition alleged the following as grounds for termination: (1) voluntary surrender under section 39.806(1)(a), Florida Statutes (2018); (2) continuing involvement threatens the Child irrespective of services pursuant to section 39.806(1)(c); and (3) the Mother's…

Reversed & remanded This opinion cites § 39.806 11 times: (1)(f), (1)(f)2., (1)(h), (2), and the section generally

Termination reversed because nothing showed the mother knew of or failed to prevent the infant's abuse, or took part in his death.

…and Father’s parental rights to the surviving children, D.A.N. and S.N. The Department alleged grounds for termination of each parent’s rights under sections 39.806(1)(f) and 39.806(1)(h), Florida Statutes. At the termination of parental rights hearing, the Department called several witnesses, including the Mother and…

Reversed & remanded This opinion cites § 39.806 11 times: (1)(e)1., (1)(e)3., and the section generally

Termination reversed because the Department failed to prove case plan noncompliance on either alleged ground; the mother had made significant progress.

…after the fifth case plan was issued, the Department filed a petition to terminate the Mother’s parental rights based on two statutory grounds,6 sections 39.806(1)(e)1., and 3., Florida Statutes (2017), which provide as follows: 5 As will be discussed later in this opinion, the evidence presented at trial actually indicates…

Affirmed This opinion cites § 39.806 11 times: (1), (1)(b), (1)(c), (1)(i), (1)(j), (2)

· cited by 4 in all courts

Termination without a case plan affirmed; the mother's decade of chronic substance abuse and seven prior removals made termination the least restrictive means.

…Department, the Department did not offer the mother a case plan, but instead filed an expedited petition to terminate her parental rights under sections 39.806(1)(c), (i), (j), and (l), Florida Statutes (2016). The Department alleged termination was the least restrictive means to protect C.D. because the mother’s chronic…

Affirmed This opinion cites § 39.806 11 times: (1)(e)1., (1)(l)

· cited by 7 in all courts

Termination affirmed on case plan noncompliance and three-or-more placements grounds; the mother's facial constitutional challenge to the three-placements ground was rejected.

…of Children and Families (“Department”) established by clear and convincing evidence that statutory grounds for termination exist, specifically sections 39.806(1)(e)(1) and 39.806(1)(l), Florida Statutes (2014); termination is in the manifest best interest of the children, see § 39.810, Fla. Stat. (2014); and termination is…

Affirmed This opinion cites § 39.806 11 times: (1)(a), (1)(c), (1)(e), (1)(f)

· cited by 2 in all courts

Termination for case plan noncompliance affirmed; proof that addiction will not improve is not required for this ground, and the mother kept using.

…a girl aged five, and D.C., a boy aged three-and-a-half. 1 She asserts the trial court erred in terminating her parental rights under section 39.806(l)(e), Florida Statutes, because the Department failed to prove her drug and alcohol addiction would not improve. She further asserts the trial court deprived her…

Affirmed This opinion cites § 39.806 11 times: (1)(b), (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 5 in all courts

Termination affirmed on abandonment because the incarcerated father had no contact with or support for the child for years and only marginal efforts.

…support payments. Thus, the very able trial judge, Seymour Gelber, was entirely correct in finding that the biological father had abandoned L.C. Section 39.806 establishes the grounds upon which a parent's rights can be terminated. See § 39.806, Fla. Stat. (2004). Once the Department of Children and Family Services…

Affirmed in part, reversed in part This opinion cites § 39.806 11 times: (1)(b), (1)(d), (1)(d)1., (1)(d)3., (1)(f), and 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.

…the biological father of a 2-1/2-year-old daughter, A.A., appeals a final judgment terminating his parental rights over the child pursuant to sections 39.806(1)(b), 39.806(1)(d)1., 39.806(1)(d)3., 39.806(1)(f), and 39.810, Florida Statutes (2004), and permanently committing the child to the Department for subsequent…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(c), (1)(e)1., (1)(e)3.

Termination reversed because neither threat-irrespective-of-services nor case plan noncompliance was supported; the mother had largely complied and her shortfalls stemmed from poverty and shifting visitation.

…her three-year-old child, on the grounds of conduct threatening the life, safety, well-being, or health of the child irrespective of services, pursuant to 39.806(1)(c), Florida Statutes (2021), and failure to substantially comply with the case plan, pursuant to section 39.806(1)(e)1., Florida Statutes. 1 Because these…

Affirmed This opinion cites § 39.806 10 times: (1)(c), (1)(d), (1)(d)3.

Termination affirmed for a deported father: the deportation's effects, no relationship with the child and the child's foster bond supported the threat ground.

…Judge. September 17, 2021 M.K. THOMAS, J. B.V. appeals from a final order terminating his parental rights pursuant to section 39.806(1)(c), Florida Statutes. B.V. raises three issues on appeal: (1) the trial court’s finding that Appellant engaged in conduct towards the child that demonstrated his…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(c), (1)(e)1., (1)(e)3., (1)(f), and the section generally

Termination reversed because the domestic violence victim completed her case plan, DCF caused delays, and lack of insight cannot alone justify termination.

…it relied upon a failure to substantially comply with the case plan for twelve months after the child was adjudicated dependent, in violation of section 39.806(1)(e)(1), Florida 4 Statutes, and a failure to substantially comply with the case plan while the child had been in care for…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(c), (1)(e)1., (1)(e)3., (1)(f), and the section generally

Termination reversed because the domestic-violence-victim mother completed her case plan, experts supported reunification, and DCF did not prove noncompliance or that termination was least restrictive.

…it relied upon a failure to substantially comply with the case plan for twelve months after the child was adjudicated dependent, in violation of section 39.806(1)(e)(1), Florida 4 Statutes, and a failure to substantially comply with the case plan while the child had been in care for…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(f), (2)

· cited by 9 in all courts

Termination reversed; no clear evidence showed the mother inflicted the child's burns or had the opportunity to prevent and knowingly failed to prevent them.

… M.C. (“Mother”) appeals from a final judgment terminating her parental rights to her children G.C. and E.C. (collectively, “the Children”) under section 39.806(1)(f), Florida Statutes (2015).1 Because there is no clear and convincing evidence in the record to support the termination, we reverse. I. PROCEDURAL HISTORY …

Affirmed This opinion cites § 39.806 10 times: (1)(c), (1)(f), (1)(g), (1)(i), and the section generally

· 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.

…children. Because there was competent, substantial 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…

Affirmed This opinion cites § 39.806 10 times: (1)(c), (3), and the section generally

· cited by 6 in all courts

Termination affirmed; the father's untreated schizophrenia and years of medication noncompliance threatened the child, so no case plan was needed and termination was least restrictive.

…his child Z.S. (“the Child”). 1 The Department of Children and Families (“the Department”) petitioned to terminate the Father’s parental rights under section 39.806(l)(c), Florida Statutes (2010), which allows termination of parental rights when a parent engages in conduct that demonstrates his continued involvement as a parent…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(c), (1)(e), (1)(e)1.

Termination reversed because drug use alone, without a link to harm, and partial case plan compliance did not support the grounds or least restrictive means.

…the Department filed a petition for the termination of parental rights to all three children, alleging the Mother and the Father failed to comply with section 39.806(1)(c) and (e), Florida Statutes (2007). The trial court conducted a hearing on the Department's petition and, at the conclusion of the hearing, entered a final…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(c), (1)(e), (1)(e)1.

· cited by 9 in all courts

Termination reversed because drug use alone, without a link to harm, and partial case plan compliance did not support the grounds or least restrictive means.

…the Department filed a petition for the termination of parental rights to all three children, alleging the Mother and the Father failed to comply with section 39.806(l)(e) and (e), Florida Statutes (2007). The trial court conducted a hearing on the Department’s petition and, at the conclusion of the hearing, entered a final…

Affirmed This opinion cites § 39.806 10 times: (1)(c), (1)(d)2., (1)(e)2.

Termination affirmed on three statutory grounds; a concurrence notes the incarceration ground was misapplied for a county jail sentence but did not change the result.

…father’s parental rights was supported by substantial competent evidence as to each of the three statutory grounds assigned and is therefore affirmed. §§ 39.806(l)(c), 39.806(l)(d)(2), 39.806(l)(e)(2), Fla. Stat. (2008). COPE, J. (concurring). Although it makes no difference in this case, the trial court should not…

Affirmed This opinion cites § 39.806 10 times: (1), (1)(b), (1)(c), (1)(e), (1)(e)1.

· 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.

…B.W., her five-year-old daughter, in which the trial court found clear and convincing evidence that satisfied the requirements for termination under section 39.806(1), Florida Statutes (2006). We have jurisdiction to review this ruling pursuant to section 39.815, Florida Statutes (2006). We affirm the termination order in…

Reversed & remanded This opinion cites § 39.806 10 times: (1), (1)(c), (1)(d), (1)(d)1., (1)(d)2., (1)(f)

· cited by 14 in all courts

Termination sought by the former wife was reversed: speculation, brief remaining incarceration, no sexual predator designation, and no least restrictive means analysis.

…notwithstanding that S.S. had acknowledged guilt, the trial court considered that S.S. took no responsibility for his crimes. The court relied upon section 39.806(1)(c), Florida Statutes, for its decision, recognizing that it applied when parents engage in conduct toward the child or other children that demonstrates that…

Reversed & remanded This opinion cites § 39.806 10 times: (1)(d)1.

· cited by 11 in all courts

Termination reversed because the incarceration ground looks only at the length of remaining sentence, and 54 months was not a substantial portion of the children's minority.

…was expected to be incarcerated constituted "a substantial portion of the period of time before the child[ren] will attain the age of 18 years" under section 39.806(1)(d)(1), Florida Statutes (2001). In reaching this decision, the trial court stated that it was considering both the length of time J.W. would be incarcerated and the…

This opinion cites § 39.806 10 times: (1)(c), (1)(f)Cited as § 39.464(1)(c) (1997 statutes), now § 39.806(1)(c); § 39.464(1)(e) (1997 statutes), now § 39.806(1)(f)

· cited by 1 in all courts

…drug use during pregnancy, that the father’s involvement in the child’s life would threaten the well being of the child and that pursuant to paragraph 39.464(l)(c), Florida Statutes (1997), 1 the *1213 father’s parental rights should, be terminated. The father was served with the petition. At the pretrial hearing, the…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(f), (1)(f)2., (2)

Expedited termination reversed because the mother's exposure of the children to her abusive boyfriend and leaving the hospital early were not proven egregious conduct.

…Judge. S.T. (the Mother) appeals the trial court's final judgment terminating her parental rights to her children, K.R. and C.L., under section 39.806(1)(f), Florida Statutes (2024). Because the evidence before the trial court was insufficient to support termination of the Mother's parental rights, we reverse the…

Affirmed This opinion cites § 39.806 9 times: (1), (1)(b), (1)(c), (1)(f), (1)(h), (2)

Termination affirmed on abandonment because the mother had not seen the child in about nine years; no reunification effort was required.

…to Appellee Alfredo Jose Salvi Fuenmayor (the “Father”). The trial court relied on four independent statutory grounds for termination pursuant to § 39.806(1), Florida Statutes (2023). Because competent substantial evidence supports termination under at least one of the statutory grounds, we affirm. I. …

Reversed & remanded This opinion cites § 39.806 9 times: (1), (1)(a), (1)(b), (1)(d), (1)(j), and the section generally

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.

…Rules of Juvenile Procedure apply). With one exception, a TPR petition filed under chapter 39 effectively seeks an involuntary termination. See § 39.806(1)(b)– (n), Fla. Stat. (setting out various separate and independent grounds for termination of parental rights, based on the parent’s …

Affirmed This opinion cites § 39.806 9 times: (1), (1)(b), (1)(c), (1)(l), and the section generally

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.

…rights to due process. Their first claim stems from the trial court’s citation in its order to several grounds for termination listed in section 39.806(1), Florida Statutes (2018), that were not pleaded by DCF in the TPR petitions against the parents. The trial court, however, cited those statutory grounds in…

Affirmed This opinion cites § 39.806 9 times: (1), (1)(b), (1)(c), (1)(l), and the section generally

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

…rights to due process. Their first claim stems from the trial court’s citation in its order to several grounds for termination listed in section 39.806(1), Florida Statutes (2018), that were not pleaded by DCF in the TPR petitions against the parents. The trial court, however, cited those statutory grounds in…

Affirmed in part, reversed in part This opinion cites § 39.806 9 times: (1), (1)(a)1., (1)(b), (1)(c), (1)(e)1., (1)(e)3., (1)(l)

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

…alleged as grounds for Termination of Parental Rights: 1) abandonment of D.M. by the Mother and 3 Father (§ 39.806(1)(b), Fla. Stat. (2018)); 2) conduct by the Mother and Father toward D.M. demonstrating that the continuing involvement of the parent-child relationship…

Affirmed This opinion cites § 39.806 9 times: (1)(b), (1)(c), (1)(e)1.

Termination affirmed on the continuing-involvement and case-plan grounds; abandonment was unsupported, so the judgment must be amended to omit it.

…his parental rights to his son: (1) without competent, substantial evidence of the grounds alleged by the Department of Children and Families under sections 39.806(1)(c), 39.806(1)(e)1., and 39.806(1)(b), Florida Statutes (2012); (2) without making statutorily-required findings of fact and conclusions of law; and (3) because…

Reversed & remanded This opinion cites § 39.806 9 times: (1), (1)(l)

· cited by 2 in all courts

Denial of termination reversed as to the mother because placements predating the statute could be counted; appeal as to the father dismissed as moot.

…because the trial court erred as a matter of law in concluding that it had no statutory authority to terminate the mother’s parental rights based on section 39.806(1)0), Florida Statutes (2011). The Department’s petition sought termination of the mother’s parental rights based in part on section 39.806(1)0), which permits…

Affirmed This opinion cites § 39.806 9 times: (1), (1)(c), (1)(e), (1)(f), (1)(i), (1)(j)

Terminations affirmed, but the mother's order must be corrected to delete the case-plan and chronic-substance-abuse grounds the record did not support.

…the order terminating their parental rights to their daughter, K.M. The lower court found grounds for terminating both parents’ rights pursuant to sections 39.806(l)(c), (l)(e), (l)ffi, (1)CP, and (1 )(l), Florida Statutes. We have reviewed the record on appeal and affirm the order terminating the Father’s rights in its…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(b), (1)(c), (1)(e)

· cited by 1 in all courts

Termination reversed because remaining case plan breaches did not endanger the child and stemmed from poverty and lack of services; the case plan was reinstated.

…a petition for termination of parental rights as to both children. The petition alleged the following grounds: abandon *577 ment of N.R.-G. under section 39.806(l)(b), Florida Statutes (2009); engaging in conduct demonstrating that the Father’s continuing involvement threatened N.R.-G.’s life, safety, well-being, or health…

Affirmed This opinion cites § 39.806 9 times: (1)(d), (1)(d)2., and the section generally

· cited by 4 in all courts

Termination affirmed on the abuse ground, but the sexual predator ground struck: only a sentencing court can designate a parent a sexual predator.

…on a failure to properly comply with section 90.803(23), Florida Statutes; and 2) the trial court erred in terminating his parental rights pursuant to section 39.806(l)(d)2, Florida Statutes, based on the court’s determination that he is a sexual predator. We affirm as to the first issue without further comment. We reverse as to…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(b), (1)(c), (1)(e), and the section generally

· cited by 5 in all courts

Termination sought by guardians reversed; evidence did not prove abandonment, threatening conduct, or continuing abuse, and mental illness alone was insufficient.

…or neglect the child despite a case plan having been filed. For these reasons, B.H. and R.M. asserted that termination was legally warranted under subsections 39.806(l)(b), (c), and (e). After considering extensive testimony from numerous witnesses, the trial court found that termination was appropriate on all three grounds…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(c), (1)(e), and the section generally

· cited by 4 in all courts

Termination reversed because the father was making a determined effort to rehabilitate and DCF did not prove least restrictive means; case plan reinstated.

…to threaten the safety, well-being, or physical, mental or emotional health of the child irrespective of the provision of services pursuant to section 39.806(l)(c), Florida Statutes, and he had failed to substantially comply with his case plan pursuant to section 39.806(l)(e), Florida Statutes. The trial court rejected…

Affirmed This opinion cites § 39.806 9 times: (1)(b), (1)(f), (1)(f)2., (1)(g)

· cited by 6 in all courts

Termination affirmed on egregious conduct and sexual abuse based on the child's credible testimony; the unsupported abandonment ground was struck.

…order terminating his parental rights as to G.D. Because there is clear and convincing evidence that the father engaged in egregious conduct under section 39.806(l)(f), Florida Statutes (2008); and sexual abuse, aggravated child abuse and/or chronic abuse under section 39.806(l)(g), we affirm the trial court’s order…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(c), (1)(e)

Termination reversed because the court relied on an unpleaded ground, appeared to use a lax evidentiary standard, and made no findings on the pleaded ground.

…would jeopardize "the life, safety, well-being, or physical, mental, or emotional health of the child[ren] irrespective of the provision of services." § 39.806(1)(c), Fla. Stat. (2006). We reverse and remand for further proceedings. I. In its petition seeking termination of Z.M.'s parental rights, DCFS alleged that…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(c), (1)(e)

· cited by 5 in all courts

Termination reversed because the court relied on an unpleaded ground, appeared to use a lax evidentiary standard, and made no findings on the pleaded ground.

…would jeopardize “the life, safety, well-being, or physical, mental, or emotional health of the childfren] irrespective of the provision of services.” § 39.806(l)(c), Fla. Stat. (2006). We reverse and remand for further proceedings. I. In its petition seeking termination of Z.M.’s parental rights, DCFS alleged that…

Affirmed This opinion cites § 39.806 9 times: (1)(c), (1)(e)1., (1)(f)Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 8 in all courts

Termination affirmed; the egregious conduct ground and case plan ground as to the younger child were stricken; the unpleaded threat ground was tried by consent.

…of Children & Families, 872 So.2d 412, 413 (Fla. 4th DCA 2004). We agree that the evidence at trial did not address "egregious conduct" under section 39.806(1)(f) or establish the "deplorable, flagrant, or outrageous" conduct contemplated by the section. N.L. v. Dep't of Children & Family Services, 843 So.2d 996,…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(c), (1)(i), and the section generally

· cited by 5 in all courts

Termination reversed because, with no case plan offered and the mother seeking services in prison, DCF did not prove termination was the least restrictive means.

…filed a shelter petition and S.R. was sheltered on that same day. The Department later sought to terminate W.R.'s parental rights based upon sections 39.806(1)(c) and 39.806(1)(i), Florida Statutes, [1] without offering W.R. a case plan. A hearing on the Department's petition was held in August 2002. For reasons…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

Termination reversed because the new case plan had not run twelve months; court also ordered review of the youngest child's dependency and doubted best interests.

…rights to four children. We reverse because the Department of Children and Family Services did not prove the grounds for termination pur *382 suant to section 39.806(l)(e), Florida Statutes (2002). Moreover, because there was no evidence that the youngest child was ever abandoned, abused, or neglected so as to support her…

Affirmed This opinion cites § 39.806 9 times: (1)(c), (1)(e)1., (1)(f)Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 1 in all courts

Termination affirmed; no abuse of discretion denying a continuance to a mother who skipped trial believing the Department's continuance motion would be granted.

…terminate Appellant’s parental rights, alleging that Appellant failed to complete her ease plan and continued to abandon her children, as defined in paragraph 39.806(l)(e), Florida Statutes (2001), and abuse them, as provided in paragraph 39.806(l)(f), Florida Statues (2001). Appellant, a resident of Indiana, was served while in…

Reversed & remanded This opinion cites § 39.806 9 times: (1), (1)(c), (1)(d), (1)(e)1.Cited as § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d); § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

· cited by 23 in all courts

Termination of an incarcerated father's rights reversed: no plan tasks, no willful abandonment, incarceration statute inapplicable, and best-interest findings ignored a willing relative placement.

…the parental relationship with the incarcerated parent would be harmful to the child. [3] Subsection 39.806(1)(d) was originally numbered section 39.464(1)(d), Florida Statutes (1997), and took effect on October 1, 1997. See ch. 97-226 § 6, Laws of Fla.

Reversed & remanded This opinion cites § 39.806 9 times: (1)(a), (1)(b), (1)(c), (1)(e)1., (1)(f), (1)(i)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

…rights in April 1998, then filed an amended and substituted petition in October 1999. As the statutory grounds for termination, the petition cited sections 39.806(1)(a), (b), (c), (e), (f) and (i), Florida Statutes (1999), but only one subsection applied to F.C., section 39.806(1)(e). [2] That subsection provides: (e) A…

Reversed & remanded This opinion cites § 39.806 9 times: (1)(a), (1)(b), (1)(c), (1)(e)1., (1)(f), (1)(i)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Termination reversed: the father substantially complied with his case plan, resumed visits undercut abandonment, and best interests alone cannot support termination.

…rights in April 1998, then filed an amended and substituted petition in October 1999. As the statutory grounds for termination, the petition cited sections 39.806(l)(a), (b), (c), (e), (f) and (i), Florida Statutes (1999), but only one subsection applied to F.C., section 39.806(l)(e). 2 That subsection provides: (e) A…

This opinion cites § 39.806 9 times, a subsectionCited as § 39.464 (1995 statutes), now § 39.806Also cites § 39.464(1)(e), 39.464(4), 39.464(1)(d) under the 1995 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…The father next contends that the Department failed to meet its burden of proof. Again, we disagree. The termination of parental rights was based on section 39.464(1)(e), Florida Statutes (1995), which allows termination "when a child has been adjudicated dependent, a case plan has been filed with the court, and the child…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(f), (1)(g), (2), and the section generally

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.

…for termination of parental rights as to both the mother and the father on October 15, 2024. The petition alleged egregious conduct, pursuant to section 39.806(1)(f), Florida Statutes (2024), and chronic abuse, pursuant to section 39.806(1)(g). The petition also alleged grounds for single parent termination pursuant to…

Reversed & remanded This opinion cites § 39.806 8 times: (1), (1)(b), (1)(c), (1)(e), (1)(j), (2)

On GAL and DCF petitions, the Supreme Court quashed a district court's reversal of the father's termination; no case plan was required and termination was the least restrictive means.

…or physical, mental, or emotional health; (3) chronic substance abuse; and (4) L.A.’s placement in out-of-home care for 12 of the last 22 months. § 39.806(1)(b), (c), (j), (e)3., Fla. Stat. 8 case plan was offered to him, this finding is not supported by competent, substantial evidence. The record clearly shows…

Reversed & remanded This opinion cites § 39.806 8 times: (1), (1)(b), (1)(c), (1)(e), (2)

Dismissal of the termination petition was reversed because the court misapplied the directed-verdict standard, wrongly applied least restrictive means, and ignored grounds and single-parent termination.

…and father’s parental rights to D.I. and I.L. and named three grounds as to each: 1. The mother and father abandoned the children, as stated in sections 39.806(1)(b) and 39.01(1), Florida Statutes; 2. The mother and father engaged in conduct towards the children that demonstrated that continuing the parent-child…

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(e)3., and the section generally

Termination affirmed on the case-plan ground; any error admitting a covertly made cellphone recording was harmless because it was cumulative.

… We affirm the final judgment of termination of parental rights because there is competent and substantial evidence to support termination pursuant to section 39.806(1)(e)3., Florida Statutes (2019), and because Appellant has not demonstrated that termination is not in the child’s manifest best interests and the least restrictive…

Affirmed This opinion cites § 39.806 8 times: (1)(b), (1)(h), (2), and the section generally

· cited by 1 in all courts

Termination affirmed on abandonment by the incarcerated father, who barely contacted the child; the serious-bodily-injury ground was struck for lack of evidence.

… Analysis To terminate a parent’s rights, the State must: 1) prove a statutory ground for termination under section 39.806[, Florida Statutes (2018)]; 2) show that termination is in the child’s manifest best interests; and 3) prove that termination is the least…

Affirmed This opinion cites § 39.806 8 times: (1)(b), (1)(c), (1)(e), (1)(e)3., (1)(j), (1)(k)

Termination affirmed on several grounds; the abandonment finding was struck because the father attended most visits and called the children.

…his parental rights. As to B.A.C., we affirm the final judgment terminating P.R.'s parental rights because the grounds for termination based on sections 39.806(1)(c), 39.806(1)(j), and 39.806(1)(k), Florida Statutes (2017), were supported by competent, substantial evidence. We also affirm the final judgment terminating…

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(e), (1)(j), and the section generally

· 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.

…are terminated. S.M. concedes that DCF has proven one of the statutory grounds for termination of parental rights to all of her children under section 39.806 by clear and convincing evidence. She also does not contest that termination of her parental rights would be in the …

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(f), and the section generally

· cited by 27 in all courts

Termination affirmed: the mother's failure to follow her child's diet for a life-threatening kidney condition supported the threat-of-harm ground, best interests and least restrictive means.

…Parental Rights There are three requirements to terminate parental rights. First, the Department must prove statutory grounds under section 39.806, Florida Statutes. See Rathburn v. Dep’t of Children & Families, 826 So. 2d 521, 523 (Fla. 4th DCA 2002). Here the Department sought termination of the…

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(d), (1)(d)1., and the section generally

· cited by 11 in all courts

Termination affirmed: the father ignored his case plan, and the mother's intellectual limits meant she could never safely parent despite services; partial dissent.

…statutory requirements for termination of parental rights, that termination is the least restrictive means of protecting the child from serious harm. Id.; § 39.806(1)(c), Fla. Stat. (2009). As the court in Padgett explained, the least restrictive means test means simply that "[DCF] ordinarily must show that it has made a…

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(f), (1)(g), (1)(i), and the section generally

· cited by 4 in all courts

Termination affirmed; egregious abuse of siblings is a ground but not automatic, and the court's best-interest and least-restrictive findings made the error harmless.

…parental rights to her five children, C.T., D.G., T.T., B.W., and C.W. After a bench trial, the trial court found the petition to be proven under paragraphs 39.806(l)(c), (f), and (g), Florida Statutes (2008). The trial court found, among other things, that “the evidence is clear and convincing that the Mother abused [D.G.]…

Affirmed This opinion cites § 39.806 8 times: (1)(b), (1)(e), (1)(e)2.

· cited by 1 in all courts

Termination affirmed because the mother failed to comply with three successive case plans and abandoned her newborn; a concurrence rested on abandonment alone.

…the June 2008 case plan, the 3rd case plan for Reunification, the Mother still had not attained substantial compliance. Pursuant to Florida Statute Section 39.806(1)(e)1, the Mother was required to comply with twelve (12) months of services with her case plan tasks. This Mother needed to have complied fully and substantially…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1., (1)(f), (1)(g)Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 3 in all courts

On DCF's concession, termination of the mother's rights was reversed because the father's termination rested on an unpleaded ground, undermining one-parent termination.

…proceedings, we reverse and remand to the trial court. Appellee filed a Petition for Involuntary Termination of Parental Rights alleging that sections 39.806(1)(c) and (e), Florida Statutes, provided grounds for terminating the parental rights of both appellant and the father. With respect to the father, appellee also…

Affirmed This opinion cites § 39.806 8 times: (1)(f)

Termination as to the unharmed older child affirmed because the father's egregious abuse of her infant twin siblings alone supported termination.

…parental rights as to Z.K.P. should be reversed because the trial court erroneously concluded that a finding of egregious abuse as to the twins under section 39.806(1)(f), Florida Statutes (2005), was sufficient to support a finding of prospective abuse as to the unharmed child, Z.K.P. The standard of review for challenges to…

Affirmed This opinion cites § 39.806 8 times: (1), (1)(f)

· cited by 17 in all courts

Termination as to the unharmed older child affirmed because the father's egregious abuse of her infant twin siblings alone supported termination.

…parental rights as to Z.K.P. should be reversed because the trial court erroneously concluded that a finding of egregious abuse as to the twins under section 39.806(l)(f), Florida Statutes (2005), was sufficient to support a finding of prospective abuse as to the unharmed child, Z.K.P. The standard of review for challenges to…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 5 in all courts

Termination as to one child reversed: no evidence her continued contact threatened him, and termination was not the least restrictive means.

…cross-appeal, neither of which warrants discussion. Appellant argues that the trial court erred in terminating her parental rights to E.R. pursuant to section 39.806(1)(c), Florida Statutes (2004), because the Department failed to prove that her continuing interaction with E.R. would threaten his life, safety, well-being, or…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 7 in all courts

Termination reversed because DCF filed too soon, without a diagnosis or real services, and failed to prove future risk from the mother's treatable bipolar disorder.

…*585 RAMIREZ, J. I.R., the natural mother, appeals the trial court's order terminating her parental rights as to her minor child, C.R., pursuant to section 39.806(1)(c), Florida Statutes (2003). We reverse because the trial court's finding that the mother's continuing involvement with the child threatened the child's…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

Termination reversed: no case plan existed when the petition was filed, and DCF never showed the mother's missed parenting course threatened the child.

…the termination of the Mother's parental rights, we reverse. In its order, the trial court terminated the Mother's parental rights pursuant to section 39.806(1)(c) and (1)(e), Florida Statutes (2003). Termination under section 39.806(1)(e) was based on the Mother's alleged noncompliance with her case plan. However, the…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 6 in all courts

Termination reversed: no case plan existed when the petition was filed, and DCF never showed the mother's missed parenting course threatened the child.

…the termination of the Mother’s parental rights, we reverse. In its order, the trial court terminated the Mother’s parental rights pursuant to section 39.806(l)(c) and (l)(e), Florida Statutes (2003). Termination under section 39.806(l)(e) was based on the Mother’s alleged noncompliance with her case plan. However, the…

Reversed & remanded This opinion cites § 39.806 8 times: (1), (1)(f), (1)(i)Also cites § 39.806(1)(h), which couldn't be matched to today's text.

· cited by 15 in all courts

Termination reversed on all four grounds; DCF lacked proof the mother's anger problems were untreatable, and the manslaughter ground needs a nexus to these children.

…is easy to parent a child J.F.-2's age. In this case, the Department has the burden of presenting clear and convincing evidence of the grounds under section 39.806(1), Florida Statutes (2002), for terminating parental rights and evidence that reunification poses a significant risk of harm to the child. See N.L. v. Dep't…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

Termination reversed because key findings, including noncompliance with the case plan and weak bonds, were unsupported or contradicted by the evidence.

…proceedings. The Department of Children and Family Services (the Department) filed a petition seeking to terminate the Mother's rights pursuant to section 39.806(1)(c) and (e), Florida Statutes (2002). Following an evidentiary hearing, the trial court entered an order terminating the Mother's parental rights pursuant to…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

· cited by 3 in all courts

Termination reversed because key findings, including noncompliance with the case plan and weak bonds, were unsupported or contradicted by the evidence.

…proceedings. The Department of Children and Family Services (the Department) filed a petition seeking to terminate the Mother’s rights pursuant to section 39.806(l)(c) and (e), Florida Statutes (2002). Following an evi-dentiary hearing, the trial court entered an order terminating the Mother’s parental rights pursuant to…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(d), (1)(f), (1)(f)2.

· cited by 6 in all courts

Expedited termination reversed: a drug-smuggling conviction without proof of harm was not egregious conduct, and the short sentence did not support incarceration grounds.

…to her four children. Because there was no competent substantial evidence supporting an expedited termination of the mother's parental rights under Section 39.806(1)(f), Florida Statutes (2001), we reverse and remand. The mother was arrested at Miami International Airport for swallowing capsules of cocaine in an attempt to…

Reversed & remanded This opinion cites § 39.806 8 times: (1)(c), (1)(f), (1)(f)2.

· 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.

…harm. Padgett v. Dep't of Health & Rehabilitative Servs., 577 So.2d 565, 571 (Fla.1991). In this case, the Department sought termination under sections 39.806(1)(c) and 39.806(1)(f), Florida Statutes (1999). However, the Department did not put forth clear and convincing evidence sufficient to support termination under…

Affirmed This opinion cites § 39.806 8 times: (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (1998 statutes), now § 39.806(1)(e)1.

· 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.

…his argument for lack of preservation. We reject the mother's argument on this point on the merits. The petition was filed in this case under paragraph 39.806(1)(c), Florida Statutes, which allows termination of parental rights "[w]hen the parent or parents engaged in conduct toward the child or toward other children that…

This opinion cites § 39.806 8 times, the section generallyCited as § 39.464 (1992 statutes), now § 39.806

· cited by 24 in all courts

…neglect of her minor children. Parental rights can be terminated only upon a showing, by clear and convincing evidence, of neglect, abuse, or abandonment. § 39.464, Fla. Stat. (Supp. 1992); In re R.W., 495 So.2d 133 , 135 (Fla. 1986). The evidence demonstrated that the mother's neglect of the children included:…

This opinion cites § 39.806 8 times, a subsectionCited as § 39.464 (1990 statutes), now § 39.806Also cites § 39.464(2), 39.464(3), 39.464(5) under the 1990 statutes, too old to match to today's subsections.

· cited by 8 in all courts

… The child was adjudicated dependent pursuant to s. 39.409; and (b)1. A disposition order was entered pursuant to s. 39.41; 2. Any of the elements of s. 39.464 is met; or 3. The persons served with notice under s. 39.462 fail to respond to the notice as provided in s. 39.462(1)(d); and (c)1. The parent was…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(b), (1)(d)3., (1)(d)3.c., (1)(d)3.d., (1)(f)

Denial of termination reversed as to the mother's egregious conduct and the father's abandonment and incarceration; remanded for best-interest and least-restrictive findings.

…finding that DCF proved by clear and convincing evidence that the Children are dependent is uncontested. The trial court’s ruling that pursuant to section 39.806(1)(b) Mother abandoned the Children is supported by competent, substantial evidence and a proper application of law to the facts. Those findings are affirmed…

Reversed & remanded This opinion cites § 39.806 7 times: (1), (1)(c), (1)(d)3., (1)(l), (2)

Sua sponte dismissal of DCF's petition to terminate the father's rights reversed; reunification efforts weren't required on pleaded grounds and dismissal preceded close of evidence.

…least restrictive means of protecting Child from serious harm. See Dep’t of Child. & Fams. v. S.S.L., 352 So. 3d 521, 523–24 (Fla. 5th DCA 2022) (citing §§ 39.806(1), 39.810, Fla. Stat. (2021); Padgett v. Dep’t of HRS, 577 So. 2d 565, 571 (Fla. 1991)). The statutory grounds asserted by DCF for termination of Father’s…

Reversed This opinion cites § 39.806 7 times: (1), (1)(f), (1)(f)2., (2)

Denial of termination as to the older sibling reversed; the infant's severe abuse proved egregious conduct, so termination was required over permanent guardianship.

…(1) a ground for termination; and (2) “the child’s manifest best interests would be served by granting the petition to terminate parental rights.” See §§ 39.806(1), 39.810, Fla. Stat. (2021). The Florida Supreme Court requires the third: termination must be “the least restrictive means of protecting the child from…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(c), (1)(l), and the section generally

Termination reversed because DCF did not show the mother could not improve after treatment, or that she caused the earlier removals.

…parental rights (“TPR”) was proven by competent, substantial evidence, and we reverse. The trial court’s determination that TPR was proper under section 39.806(1)(c), Florida Statutes (2019), was based on the mother’s history and findings related to (1) her “pattern of behavior” of completing services to obtain…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(e), (1)(e)2.

· cited by 2 in all courts

Termination reversed because the 12-month case plan period had not run when the petition was filed; court declined to affirm on an unruled alternative ground.

…show parental responsibility. *225 On April 6, 2017, the department petitioned to terminate the father's parental rights based on Florida Statutes sections 39.806(1)(e) 1. and 39.806(1)(e)2. Those statutes provide: (1) Grounds for the termination of parental rights may be established under any of the following…

Affirmed This opinion cites § 39.806 7 times: (1)(d), (1)(d)1., and the section generally

· cited by 14 in all courts

Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

…both the mother and B.K. Regarding B.K., the only 2 ground alleged for termination of parental rights was under section 39.806(1)(d)1, Florida Statutes: that B.K. was expected to be incarcerated for a significant portion of S.C.’s minority. S.C. was placed with the same foster family as her…

Affirmed This opinion cites § 39.806 7 times: (1)(d), (1)(d)1., and the section generally

Termination of an incarcerated father's rights affirmed given his long sentence and the child's bond with her foster family; remanded to consider post-termination contact.

…the parental rights (“TPR”) to S.C. of both the mother and B.K. Regarding B.K., the only ground alleged for termination of parental rights was under section 39.806(1)(d)1, Florida Statutes: that B.K. was expected to be incarcerated for a significant portion of S.C.’s minority. S.C. was placed with the same foster family as her…

Reversed This opinion cites § 39.806 7 times: (1)(d), (1)(d)3., (1)(d)3.e.

· cited by 3 in all courts

Termination reversed with directions to dismiss because DCF did not prove continued relationship with the incarcerated father would harm the children.

…fact finder could find clear and convincing proof, that his continued relationship with his children would be harmful to them, within the meaning of section 39.806(l)(d)3., Fla. Stat. (2013). DCF pleaded no other ground for termination in its petition for termination of parental rights (TPR). We agree that DCF failed to meet its…

Affirmed in part, reversed in part This opinion cites § 39.806 7 times: (1)(f), (1)(g), (1)(h), (1)(i), and the section generally

· cited by 4 in all courts

Termination affirmed as to the sexually abused daughters but reversed as to the sons, for lack of evidence they were harmed or at risk.

…termination of parental rights involves a two-step process. First, the court must find by clear and convincing evidence that one of the grounds set forth in 39.806, Florida Statutes, has been proven. Second, the court must determine what outcome is in the manifest best interest of the children. Furthermore, the…

Affirmed This opinion cites § 39.806 7 times: (1)(c), (1)(e), (1)(f), (1)(g)

· cited by 8 in all courts

Termination affirmed; admitting a child's hearsay without her testifying was unpreserved and not fundamental error, and ample evidence showed continuing risk despite case plan compliance.

…children all appeared to be well cared-for. The trial court granted the petition and terminated both parents’ rights to all four girls under section 39.806(l)(c), Florida Statutes (2008). The court found, by clear and convincing evidence, that any further services to the parents would be futile, that there is a high…

Reversed & remanded This opinion cites § 39.806 7 times: (1), (1)(f), (1)(i)

· cited by 6 in all courts

Twins' termination reversed: the department did not prove the sibling's earlier egregious abuse showed risk to the twins, or that termination was least restrictive.

…case plan. Instead, on March 23, 1997, DCF filed a Petition for Termination of Parental Rights ("TPR") to the twins under Florida Statute sections 39.806(1)(f) and (i), alleging the parents' egregious conduct toward the children's older sibling, A2.H, and the involuntary termination of the parents' rights to A2.H.…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(f), (1)(f)2., and the section generally

· cited by 12 in all courts

Termination reversed: no nexus shown between a sibling's abuse and risk to this child, and no proof termination without services was the least restrictive means.

…that DCF had failed to prove that the Father could not benefit from services, the trial court elected to terminate the Father's parental rights under section 39.806(1)(f), Florida Statutes (2006). The trial court summarized the reasons for its decision in favor of termination as follows: In summary[,] the Court finds both…

Affirmed This opinion cites § 39.806 7 times: (1)(c), (1)(e), (1)(e)1., (1)(e)2., and the section generally

· 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.

…at trial without objection. K.S. v. Dep't of Children & Families, 940 So.2d 577, 578 (Fla. 5th DCA 2006) (finding issue of termination based on section 39.806(1)(c) was tried by implied consent where extensive evidence was introduced during the hearing implicating section 39.806(1)(c), the attorneys discussed this ground…

Affirmed This opinion cites § 39.806 7 times: (1)(c), (1)(i)

· cited by 8 in all courts

Termination affirmed on threat-to-child and prior-sibling-termination grounds given the mother's long drug history, failure to complete treatment, and likely future neglect.

…J. The mother of A.K. appeals the termination of her parental rights. [1] The trial court terminated the mother's parental rights pursuant to sections 39.806(1)(c) and 39.806(1)(i), Florida Statutes. To terminate parental rights under section 39.806(1)(c), the court must *1000 find by clear and convincing evidence that…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(b), (1)(c), (1)(e)1., (1)(f)Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

Termination reversed because twelve months of noncompliance had not elapsed after removal, and nothing showed termination was the least restrictive means.

…the life, safety, well-being, or physical, mental or emotional health of the children irrespective of the provision of services, within the meaning of § 39.806(1)(c), Florida Statutes (2003)." Additionally, the court found that, "notwithstanding that a Child Welfare Case Plan ... was entered on behalf of the [Appellants],…

Reversed & remanded This opinion cites § 39.806 7 times: (1)(c), (1)(d), (1)(d)3., (1)(f), and the section generally

· cited by 18 in all courts

Termination reversed: incarceration alone was not abandonment since the mother kept asking about the child, and the finding that services would be futile was speculation.

…parental rights based on abandonment, but incarceration alone is insufficient. In re T.B., 819 So.2d 270 (Fla. 2d DCA 2002). Florida Statutes Section 39.806(1)(d), states that parental rights may be terminated on the basis that a parent of the child is incarcerated in a state or federal correctional institution, and…

This opinion cites § 39.806 7 times, a subsectionCited as § 39.464 (1995 statutes), now § 39.806Also cites § 39.464(1)(c), 39.464(1)(d), 39.464(1)(e) under the 1995 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…ad Litem. PER CURIAM. K.A.B., the father, appeals an order terminating his parental rights. We reverse because the trial court did not comply with section 39.464, Florida Statutes (1995), in terminating his parental rights. The trial court did not specifically note the provision in section 39.464, upon which it based…

This opinion cites § 39.806 7 times, a subsectionCited as § 39.464 (1995 statutes), now § 39.806Also cites § 39.464(1)(c), 39.464(1)(d), 39.464(1)(e) under the 1995 statutes, too old to match to today's subsections.

· cited by 1 in all courts

PER CURIAM. K.A.B., the father, appeals an order terminating his parental rights. We reverse because the trial court did not comply with section 39.464, Florida Statutes (1995), in terminating his parental rights. The trial court did not specifically note the provision in section 39.464, upon which it based…

This opinion cites § 39.806 7 times, a subsectionCited as § 39.464 (1992 statutes), now § 39.806Also cites § 39.464(3), 39.464(4) under the 1992 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…Rehabilitative Services (HRS) appeals an order in which the trial court denied a petition for termination of parental rights based on its belief that section 39.464, Florida Statutes (Supp. 1992), does not permit termination of parental rights of either parent where only one parent commits abuse. We disagree with this…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(f), (1)(g), (1)(h)

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.

… understanding, and experience to express a preference; 6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the child; and 8. The right of the parent to determine an appropriate placement for the child. §…

Certiorari / writ denied This opinion cites § 39.806 6 times: (1)(f), (1)(g), (1)(h)

Adoption agency's non-final appeal treated as certiorari and denied; court properly refused to move the child to its chosen prospective adoptive family.

…and experience to express a preference; 6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the child; and 8. The right of the parent to determine an appropriate placement for the…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e), (1)(f), and the section generallyCited as § 39.464 (2021 statutes), now § 39.806

Termination reversed because DCF never gave the father a case plan or meaningful services, so it did not prove termination was the least restrictive means.

…Those extraordinary circumstances include severe or continuing abuse through continuing involvement and egregious abuse as found in then section 39.464, paragraphs (3) and (4), now renumbered as section 39.806(1)(c) and (1)(f). R.W., 228 So. 3d 730 at 733 (relying on In re T.M. & F.M., 641 So. 2d…

Affirmed This opinion cites § 39.806 6 times: (1)(e)1., (1)(e)2.

Termination affirmed because the mother repeatedly refused medication for her schizoaffective disorder and materially breached and failed to substantially comply with the case plan.

…substantial evidence demonstrating the mother materially breached the case plan and failed to substantially comply with its terms in violation of section 39.806(1)(e)1. and 2., Florida Statutes (2021), we affirm. FACTUAL AND PROCEDURAL BACKGROUND In June 2019, the mother was arrested for disorderly…

Affirmed This opinion cites § 39.806 6 times: (1)(f)

Termination of rights to both children affirmed on egregious conduct after the mother abandoned her newborn in trash; no-nexus sibling provision upheld, question certified.

…the son, the court noted that proof of a nexus between the egregious conduct toward one child and potential harm to the child’s sibling is not required. See § 39.806(1)(f), Fla. Stat. (2020). The court added that appellant’s conduct “failed to account for [her daughter’s] safety—her life— and that is egregious conduct that…

Affirmed This opinion cites § 39.806 6 times: (1)(f), (1)(f)2., (2)

Termination affirmed on egregious conduct because the mother repeatedly let the father, who sexually abused her daughter, have contact with the children despite court orders.

…conduct” is defined as “abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or outrageous by a normal standard of conduct.” § 39.806(1)(f)2., Florida Statutes (2020). In 2018, the Department of Children and Families (DCF) filed a shelter petition, alleging that N. had reported sexual abuse by…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(d), (1)(e)2., (1)(e)3., (1)(f)

Termination affirmed, but remanded to correct scrivener's errors in the judgment's citations to three statutory grounds.

…the substance of each statutory ground, however, the written judgment cites the incorrect subsections for three of the grounds. The citation to section 39.806(1)(b), Florida Statutes (2018), should be corrected to section 39.806(1)(e)(2); the citation to section 39.806(1)(c) should be corrected to section 39.806(1)(f);…

Affirmed This opinion cites § 39.806 6 times: (1)(d)1., (1)(d)2.

Termination affirmed on the length-of-incarceration ground; the mistaken habitual offender finding, which was preserved, must be struck.

…the trial court inadvertently relied on the incorrect HVFO designation as one ground, among others, to terminate the father’s parental rights under section 39.806(1)(d)2., Florida Statutes (2018) (permitting termination of parental rights when “[t]he incarcerated parent has been determined by the court to be . . . a habitual…

Affirmed This opinion cites § 39.806 6 times: (1)(c), (1)(f), (1)(l)

Termination affirmed on threat and egregious-conduct grounds; the three-removals ground struck because the children were removed only twice.

…grounds found to justify termination. As E.P. argues and Appellee concedes, the trial court erred in finding grounds for termination pursuant to section 39.806(1)(l), Florida Statutes, because children were only removed from E.P.’s care on two occasions, whereas the statute requires removal on at least three occasions.…

Affirmed This opinion cites § 39.806 6 times: (1)(c), (1)(f), (1)(l)

Termination affirmed on threat and egregious-conduct grounds; the three-removals ground struck because the children were removed only twice.

…grounds found to justify termination. As E.P. argues and Appellee concedes, the trial court erred in finding grounds for termination pursuant to section 39.806(1)( l ), Florida Statutes, because children were only removed from E.P.'s care on two occasions, whereas the statute requires removal on at least three occasions.…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(i), (1)(j), (1)(k)

Termination reversed and remanded because the court relied on grounds not pled in the petition, denying the mother notice and a fair hearing.

…a separate petition for termination of Mother's parental rights to M.B. shortly after her removal. As to M.B., the Department alleged, pursuant to section 39.806(1)(c), Florida Statutes (2018), that Mother's continued conduct "threatens the child's life, safety, well-being, or health irrespective of the provision of…

Affirmed This opinion cites § 39.806 6 times: (1)(c), (1)(d)3., (1)(e), (1)(e)1., and the section generally

· cited by 2 in all courts

Termination affirmed; the judge's questioning of witnesses was unpreserved and not fundamental error, and the mother waived challenges to the unbriefed grounds.

…The legal requirements for termination of the mother’s parental rights were satisfied. The mother argues that termination under section 39.806(1)(e)1., (e)3., and (j), Florida Statutes was not proven by competent, substantial evidence. We have held: “While a trial court’s decision to terminate…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e), and the section generally

Termination affirmed on the case plan ground; abandonment and continuing-involvement grounds unproven and must be struck from the judgment on remand.

…Children and Families (the "Department") failed to establish by clear and convincing evidence that K.C.'s parental rights should be terminated under section 39.806(1)(b), Florida Statutes (2016), for abandoning the minor child, and section 39.806(1)(c), Florida Statutes, for engaging in conduct toward the child that…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e)1., and the section generally

Termination affirmed on the case plan ground; abandonment and continuing-involvement grounds unproven and must be struck from the judgment on remand.

…and Families (the "Department") failed to establish by clear and convincing evidence that K.C.'s parental rights should be terminated under section 39.806(1)(b), Florida Statutes (2016), for abandoning the minor child, and section 39.806(1)(c), Florida Statutes, for engaging in conduct toward the child that…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(e), and the section generally

· cited by 3 in all courts

Abandonment ground reversed because the Department did not prove the incarcerated father was able to support the child or lacked a relationship; termination otherwise affirmed.

…possibly fast food when he visited the child. Following trial, the court entered an order finding that grounds for termination existed pursuant to section 39.806(1)(b), Florida Statutes, because the father had abandoned the child, and pursuant to section 39.806(1)(e), Florida Statutes, because the father failed to…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(f)2., (1)(g)

· cited by 3 in all courts

Termination reversed because it rested on an unpleaded ground, lacked manifest best interests findings, and may not have considered a recorded child interview.

…J. D.W.Q. (“Father”) appeals an order terminating his parental rights to M.E.Q. in which the trial court found Father’s conduct was egregious under sections 39.806(l)(f)2. and (l)(g), Florida Statutes (2014). Father argues that his due process rights were violated because the trial court terminated his parental rights based on a…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(f), (1)(h), and the section generally

· cited by 3 in all courts

Denial of shelter for a newborn reversed; the mother's manslaughter conviction for a sibling's death established probable cause under the correct standard.

…to establish probable cause, denied the petition, and ordered that E.R. be released from shelter care and returned to Mother. 5 . Pursuant to section 39.806, Florida Statutes (2014), the evidence of Mother’s egregious conduct (or failure to prevent egregious conduct) as to E.R.’s sibling, J.L., as well as the…

Affirmed This opinion cites § 39.806 6 times: (1)(f), (1)(f)2., (2)

· cited by 3 in all courts

Termination affirmed over a dissent; the mother's refusal to accept the father caused the infant's abusive head trauma showed she would not protect the child.

…710, 714 (Fla. 2d DCA 2010). The record contains competent, substantial evidence that the mother engaged in egregious conduct toward the child under section 39.806(1)(f), Florida Statutes (2010). Finding no error, we affirm. K.G., the child, and the child’s father 1 went out to dinner. Apparently otherwise healthy, the…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(f), (1)(g)

· 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.

…the order terminating the mother’s parental rights as there is not clear and convincing evidence in the record to support the termination under section 39.806(l)(f) or (g), Florida Statutes (2010). 1 The child, A.M.L., came into child protective services of the Department of Children and Family Services [“DCF”] at two…

Affirmed This opinion cites § 39.806 6 times: (1)(d), (1)(e), (1)(g), (1)(h), and the section generally

Termination affirmed; a no-new-law-violations case plan task is permissible though not alone sufficient, and other breaches and threats were proven.

…standing alone, is not a proper basis to terminate parental rights. Id. at 1232 . The court reached this conclusion based on its reading of section 39.806 and on common sense. It noted that, under section 39.806, Florida Statutes, merely committing a criminal offense is not grounds for TPR. Instead,…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

· cited by 1 in all courts

Termination affirmed on two grounds, but the abandonment ground was struck for lack of clear and convincing evidence.

…& Families, 969 So.2d 422, 422 (Fla. 1st DCA 2007) (affirming order terminating AB.’s parental rights where supported by adequate evidence on 39.806(l)(c) and (e) grounds, but reversing portion of order terminating parental rights under 39.806(b) on abandonment grounds for insufficient evidence). On the present…

Reversed & remanded This opinion cites § 39.806 6 times: (1), (1)(c), (1)(e)

· cited by 2 in all courts

Termination reversed because the judge's pretrial comments prejudging the mother's mental health required disqualification; remanded for a different judge.

…welfare case plan in 2006 with the goal of reunification. More than one year later, Department initiated proceedings against Appellant pursuant to section 39.806(1), Florida Statutes (2007), which states several grounds for terminating parental rights. Grounds for termination may be shown: [when] the parent or parents…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e)

· cited by 3 in all courts

Termination affirmed on the threat-to-child and case plan grounds, but the abandonment ground was unsupported by the evidence and must be stricken.

…of the trial court’s order terminating A.B.’s parental rights is supported by competent substantial evidence and termination is warranted under section 39.806(1)(c) and (e), Florida Statutes (2006), providing a basis for termination where the mother’s conduct threatens the well-being of her children irrespective of the…

Affirmed This opinion cites § 39.806 6 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

Termination affirmed: the father's repeated relapses and failure to complete the extended case plan threatened the child, and no less restrictive option existed.

…Final Judgment Terminating Parental Rights. We affirm both grounds upon which the court terminated W.N.'s parental rights under Florida Statutes section 39.806(1)(c) and (1)(e). The trial court first found that W.N.'s drug use, with other factors, threatened the life and safety of the minor child. Section 39.806(1)(c)…

Affirmed This opinion cites § 39.806 6 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 3 in all courts

Termination affirmed: the father's repeated relapses and failure to complete the extended case plan threatened the child, and no less restrictive option existed.

…Final Judgment Terminating Parental Rights. We affirm both grounds upon which the court terminated W.N.’s parental rights under Florida Statutes section 39.806(l)(e) and (l)(e). The trial court first found that W.N.’s drug use, with other factors, threatened the life and safety of the minor child. Section 39.806(l)(c)…

Affirmed in part, reversed in part This opinion cites § 39.806 6 times: (1)(f), (1)(i), (2)

· cited by 26 in all courts

Termination affirmed for the abused infant but reversed for two well-cared-for older children; DCF did not prove best interests or least restrictive means.

…rights to the youngest child, an infant who suffered abuse as a result of egregious conduct when he was in the custody of one or both of the parents. See § 39.806(1)(f), Fla. Stat. (2002). We reverse the order terminating the parents' rights to the two older children because the Department of Children and Family Services…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 45 in all courts

Termination reversed: addiction alone showed no threat to the children, DCF failed to provide services, and willing relatives were not considered; DCF's cross-appeal rejected.

…28, 2003 is withdrawn and this opinion is substituted in its place. Appellant appeals from a final order terminating her parental rights pursuant to section 39.806(1)(c), Florida Statutes (2001). As grounds, Appellant argues no competent, substantial evidence supported the trial court's finding that Appellant engaged in…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

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.

…petition for termination of parental rights alleging that termination was in the best interests of L.B.W. As grounds for termination, DCF relied on section 39.806(1)(c), Florida Statutes (2000)—"the parent ... engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

· 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.

…petition for termination of parental rights alleging that termination was in the best interests of L.B.W. As grounds for termination, DCF relied on section 39.806(l)(c), Florida Statutes (2000) — “the parent ... engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of…

Affirmed This opinion cites § 39.806 6 times: (1)(b), (1)(c), (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

Termination of the father's rights affirmed without opinion over a partial dissent questioning best interests and the unconsidered grandmother placement.

…care. In January, 2001, DCF filed a petition for termination of parental rights, alleging in pertinent part: 5. Within the meaning and intent of F.S. 39.806, petitioner alleges sufficient grounds for termination of parental rights in that: A. The child have [sic] been abused and neglected by the parents’ fail…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(c), (1)(d)1., (1)(d)3., (1)(f)

· cited by 20 in all courts

Termination of the incarcerated father's rights reversed because past incarceration, no proven harm, and no proven abandonment failed the statutory grounds; DCF must consider a case plan.

…J.D.C. to terminate J.P.C.'s parental rights. On appeal, J.P.C. first contends that the Department failed to establish grounds for termination under section 39.806(1)(d)(1), Florida Statutes (2000). Section 39.806(1)(d)(1) provides that the Department may petition for the termination of parental rights when the parent of a child…

Reversed & remanded This opinion cites § 39.806 6 times: (1)(d), (1)(d)1.Cited as § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d)

· cited by 2 in all courts

Termination reversed because the incarceration ground applies only to those incarcerated after October 1997, and the father was imprisoned in 1995.

… REVERSED AND REMANDED. SHARP, W., and PLEUS, JJ., concur. NOTES [1] Section 39.806(1)(d), Florida Statutes (2000) was originally numbered section 39.464(1)(d). See § 39.464(1)(d), Fla. Stat. (1997). The statute applies only to persons incarcerated or sentenced after October 1, 1997. See Ch. 97-226, § 6, Laws of…

Affirmed This opinion cites § 39.806 6 times: (1)(d), and the section generallyCited as § 39.464 (1998 statutes), now § 39.806; § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d)

Termination affirmed: the father's life sentences for sexually battering a half-sibling met the incarceration ground, and counsel was not ineffective on the effective-date argument.

…since March of 1997, before the effective date of material amendments to this section. Chapter 97-226, section 6, Laws of Florida, which amended section 39.464 provides, "[t]his act shall [take] effect October 1, 1997, and applies to any person incarcerated after October 1, 1997, who is sentenced to a term of…

Reversed & remanded This opinion cites § 39.806 6 times: (1), (1)(e)1., (2), (3)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

…custody from the foster parent to J.R. and V.R. [5] We must reverse this case because the Department did not appreciate the requirements in section 39.806(1)(e), Florida Statutes (1999), when it sought termination from the trial court. [6] Section 39.806(1), Florida Statutes (1999), sets forth nine grounds upon which…

Reversed & remanded This opinion cites § 39.806 6 times: (1), (1)(e)1., (2), (3)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

· cited by 12 in all courts

Termination reversed because the case plan ground requires a reunification-goal plan, which was never offered; the cousins' placement appeal was dismissed as moot.

…changing custody from the foster parent to J.R. and V.R. 5 We must reverse this case because the Department did not appreciate the requirements in section 39.806(l)(e), Florida Statutes (1999), when it sought termination from the trial court. 6 Section 39.806(1), Florida Statutes (1999), sets forth nine grounds upon which a…

This opinion cites § 39.806 6 times: (1)(d), (1)(f), and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(e) (1997 statutes), now § 39.806(1)(f); § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d)

…in failing to find egregious abuse and abandonment by the father in the facts surrounding the murder, and in failing to determine the issues under section 39.464, Florida Statutes, adversely to the father. Notwithstanding that the children may not have seen the shooting, the murder of their mother figure in their…

This opinion cites § 39.806 6 times: (1), (1)(d), (1)(f), and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(e) (1997 statutes), now § 39.806(1)(f); § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d)

· cited by 15 in all courts

…in failing to find egregious abuse and abandonment by the father in the facts surrounding the murder, and in failing to determine the issues under section 39.464, Florida Statutes, adversely to the father. Notwithstanding that the children may not have seen the shooting, the murder of their mother figure in their…

This opinion cites § 39.806 6 times, a subsectionCited as § 39.464 (1993 statutes), now § 39.806Also cites § 39.464(4), 39.464(3), 39.464(5) under the 1993 statutes, too old to match to today's subsections.

· cited by 13 in all courts

…clear and convincing evidence that the mother had the opportunity and capability to prevent egregious abuse to the baby and knowingly failed to do so. See § 39.464(4), Fla. Stat. (1993). This family's involvement with Florida's Department of Health and Rehabilitative Services (HRS) began in March 1991 and continued…

This opinion cites § 39.806 6 times, a subsectionCited as § 39.464 (1990 statutes), now § 39.806Also cites § 39.464(3), 39.464(4) under the 1990 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…denied, and the father’s rights were terminated on the grounds alleged in the HRS petition. The grounds for terminating parental rights set forth in section 39.464, Florida Statutes (Supp.1990), include the following: (3) SEVERE OR CONTINUING ABUSE OR NEGLECT. — The parent or parents have engaged in conduct towards the…

Affirmed This opinion cites § 39.806 5 times: (1), (1)(c), (1)(i), (2)

Termination affirmed under the expedited process without a case plan; three grounds were supported and termination was the least restrictive means given prior terminations.

… We conclude that the trial court did not err in terminating Appellant’s parental rights as to Y under the expedited process established in section 39.806(2) of the Florida Statutes, which permitted appellee Florida Department of Children and Families to proceed without first offering Appellant a reunification…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(b), (1)(l), (2)

Denial of termination reversed: removals of any of the mother's children count toward the three-placement ground, and the father's found abandonment required termination analysis.

…and the GAL correctly assert that the trial court erred when it found the evidence insufficient to terminate mother’s parental rights pursuant to section 39.806(1)(l), Florida Statutes (2022). That statute provides for the termination of parental rights where “the child or another child of the parent or parents” has been…

Affirmed This opinion cites § 39.806 5 times: (1)(f), (1)(g), and the section generally

Termination affirmed on egregious conduct: the infant's injuries occurred in the parents' sole care, so one inflicted them or both knowingly failed to prevent abuse.

…allegation in the Petition for Termination of Parental Rights and Permanent Commitment of the Minor Child against the mother and father under Florida Statute 39.806(1)(f).” Both parents filed separate appeals, though the records on appeal were consolidated. Analysis “While a trial court’s…

Affirmed This opinion cites § 39.806 5 times: (1)(f), (1)(g), and the section generally

Termination affirmed on egregious conduct because evidence showed only the parents could have injured the child, and the other parent failed to protect.

…allegation in the Petition for Termination of Parental Rights and Permanent Commitment of the Minor Child against the mother and father under Florida Statute 39.806(1)(f).” Both parents filed separate appeals, though the records on appeal were consolidated. Analysis “While a trial court’s…

Affirmed This opinion cites § 39.806 5 times: (1)(b), and the section generally

· cited by 2 in all courts

Termination affirmed on other grounds; the abandonment ground was unsupported and must be struck from the judgment on remand.

…that the Department of Children and Families (“DCF”) proved by clear and convincing evidence that D.H.’s parental rights should be terminated under section 39.806(l)(b), Florida Statutes (2016), for abandoning the minor child, we strike that provision from the final judgment. See L.K. v. Dep’t of Child. & Fams., 62 So. 3d…

Affirmed This opinion cites § 39.806 5 times: (1)(b), and the section generally

Termination affirmed on other grounds; the abandonment ground was unsupported and must be struck from the judgment on remand.

…that the Department of Children and Families (“DCF”) proved by clear and convincing evidence that D.H.’s parental rights should be terminated under section 39.806(1)(b), Florida Statutes (2016), for abandoning the minor child, we strike that provision from the final judgment. See L.K. v. Dep’t of Child. & Fams., 62 So. 3d…

Affirmed This opinion cites § 39.806 5 times: (1)(b), (1)(c), (1)(e)

· cited by 5 in all courts

Termination affirmed on case plan noncompliance tied to drug addiction, but the abandonment ground was struck because the mother visited and supported the children.

…of Children and Families (Department) ultimately filed a petition for termination of parental rights as to both children, based on abandonment, section 39.806(l)(b), Florida Statutes (2011), and continuing abuse, neglect or abandonment as evidenced by failure to substantially comply with the case plan, section…

This opinion cites § 39.806 5 times: (1)(c), (1)(d), (1)(e)

…of Children and Families and the Guardian ad Litem Program concede that two of the statutory grounds for termination found by the trial court — subsections 39.806(1)(c) and (1)(d)3., Florida Statutes (2011) — lack evidentiary support. As to the three remaining grounds — subsections 39.806(l)(e)1„ (1)(i), and (1)ffi, Florida…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(f), (1)(g), (2), and the section generally

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.

…a Petition for Termination of Parental Rights (TPR), as to J.J. and J.L.J. against the mother and the father. As to the mother, the petition relied on section 39.806(l)(f), Florida Statutes (2010), which provides for termination of parental rights based on egregious conduct to a child or a child’s sibling. As to the father, the…

Reversed & remanded This opinion cites § 39.806 5 times: (1), (1)(b), (1)(d), (3)

· cited by 8 in all courts

Termination for abandonment reversed: DCF never offered the father a case plan or proved services would fail, so termination was not the least restrictive means.

…of parental rights against both the father and the child’s mother, M.R. Apparently, the petition was filed on an expedited basis pursuant to section 39.806(3), Florida Statutes (2007), which permits a termination petition to be filed with an offer of a case plan with the goal of termination rather than…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(a), 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.

…petition for termination of parental rights contain facts supporting (a) That at least one of the grounds [for termination of parental rights] listed in s. 39.806 has been met. (b) That the parents of the child were informed of their rights to counsel at all hearings that they attended and that a dispositional order…

Affirmed This opinion cites § 39.806 5 times: (1)(c), (1)(e), (1)(e)2.

· 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.

…child from harm. See, e.g., 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…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(c), (1)(d), (1)(e)1., (2)Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 4 in all courts

Termination reversed because DCF made no real effort to rehabilitate or reunify with the father, and incarceration history alone cannot justify termination.

…for Termination of Parental Rights/Permanent Commitment was filed. The petition alleged that (1) termination was appropriate for the Father under section 39.806(1)(d), Florida Statutes, because of his incarceration for a substantial portion of the child's life; (2) termination was appropriate for both parents under section…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(d), (1)(d)1., (1)(d)2., (1)(f)

· 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.

…indicated it was required to focus on the “best interests” of the child. The court granted the petition for termination of parental rights “based on [section] 39.806(l)(d), [Florida Statutes (2002) ] and further on the fact that the father’s conduct has been egregious.” Unlike the lengthy final judgment typically entered in a…

Affirmed in part, reversed in part This opinion cites § 39.806 5 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 4 in all courts

Father's termination reversed for insufficient proof; mother's termination reversed and remanded so the court can apply the one-parent termination factors of section 39.811(6).

…rights, especially without an alternative placement plan. The Department's petition alleged grounds for termination of parental rights under section 39.806(1)(c), Florida Statutes (2003), claiming the parents engaged in conduct toward the children that continues to threaten the life, safety, well-being, or *597 …

Affirmed This opinion cites § 39.806 5 times: (1)(f), and the section generally

· cited by 4 in all courts

Expedited termination of a fourth child affirmed because the mother stayed with the abusive father after earlier terminations and posed a high risk of abuse.

…had been terminated, remained unchanged. We conclude that the trial court acted reasonably in finding, due to the likelihood of prospective abuse under 39.806(1)(f), Florida Statutes, that termination of parental rights was in the best interest of J.M. See §§ 39.810(1)-(11), Fla. Stat. (2003). A trial court has broad…

Affirmed in part, reversed in part This opinion cites § 39.806 5 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Termination reversed for six children because the parents had substantially complied and termination was not least restrictive; affirmed as to the mother's oldest child.

…the outside of her clothed buttocks with his hand. The Department's petition for termination of parental rights made a twofold allegation under sections 39.806(1)(c) and 39.806(1)(e), Florida Statutes (2002), based on neglect and abandonment. The allegation of abandonment is predicated solely on the parents' failure to…

Reversed & remanded This opinion cites § 39.806 5 times: (1), (1)(f), (1)(i)Also cites § 39.806(1)(h), which couldn't be matched to today's text.

· cited by 4 in all courts

Termination reversed on all four grounds; DCF lacked proof the mother's anger problems were untreatable, and the manslaughter ground needs a nexus to these children.

…is easy to parent a child J.F.-2's age. In this case, the Department has the burden of presenting clear and convincing evidence of the grounds under section 39.806(1), Florida Statutes (2002), for terminating parental rights and evidence that reunification poses a significant risk of harm to the child. See N.L. v. Dep't…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(c), (1)(e)1., (1)(f), (1)(f)2.Cited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

Termination reversed: stale drug use did not prove egregious conduct or threat to the child, least restrictive means was unproven, and findings were vague.

…relationship threatens the life, safety, or physical, mental, or emotional health of the child irrespective of the provision of services, pursuant to section 39.806(1)(c), Florida Statutes (2000); (2) that the Mother failed to substantially comply with her case plan, pursuant to section 39.806(1)(e); and (3) that the Mother…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(c), (1)(e)1., (1)(f), (1)(f)2.Cited as § 39.806(1)(e) (2000 statutes), now § 39.806(1)(e)1.

· cited by 11 in all courts

Termination reversed: stale drug use did not prove egregious conduct or threat to the child, least restrictive means was unproven, and findings were vague.

…relationship threatens the life, safety, or physical, mental, or emotional health of the child irrespective of the provision of services, pursuant to section 39.806(l)(c), Florida Statutes (2000); (2) that the Mother failed to substantially comply with her case plan, pursuant to section 39.806(l)(e); and (3) that the Mother…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(c), (1)(f)

· cited by 4 in all courts

Termination based on one store incident reversed; with the children safe with their fathers, termination was not shown to be the least restrictive means.

…court placed the oldest child, D.W., with his father, A.W. The trial court terminated the mother's parental rights to all the children based upon subsections 39.806(1)(c) and (f), Florida Statutes (1999). Section 39.806(1)(c) provides for the termination of rights when the parent's conduct toward a child demonstrates that the…

Reversed & remanded This opinion cites § 39.806 5 times: (1)(c), (1)(e)1., (1)(i)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

· cited by 3 in all courts

Termination order vacated for lacking factual findings and conflicting with the oral ruling, which relied on grounds the record supported.

…its written order. The written order indicates that termination resulted in part from failure to comply with a case plan pursuant to Florida Statutes, section 39.806(l)(e). However, oral pronouncement indicated that J.R.’s rights were being terminated pursuant to section 39.806(l)(c) and (i). These subsections provide that…

This opinion cites § 39.806 5 times: (1)(e)1., and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(f) (1997 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

…a petition for termination of parental rights must contain facts supporting the following allegations: (a) that at least one of the grounds listed in section 39.464 has been met; (b) that the parents of the child were informed of their right to counsel at all hearings that they attend and that a dispositional order…

This opinion cites § 39.806 5 times, a subsectionCited as § 39.464 (1997 statutes), now § 39.806Also cites § 39.464(1), which couldn't be matched to today's text.

· cited by 10 in all courts

…termination of her parental rights on the ground of duress. The documents executed by appellant complied in all respects with the requirements of section 39.464(1), Florida Statutes (1997), which authorizes termination of parental rights based on properly executed documents, and provides in subsection (1)(a)2 "the…

This opinion cites § 39.806 5 times: (1)(e)1., and the section generallyCited as § 39.464 (1995 statutes), now § 39.806; § 39.464(1)(f) (1997 statutes), now § 39.806(1)(e)1.Also cites § 39.464(1)(c), 39.464(1), 39.464(1)(e) under the 1995 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…the rules of the jail; that the parents continued to engage in conduct threatening the child's life or well-being irrespective of services under section 39.464(1)(c); that the parents had not substantially complied with the case plan negotiated in March 1995, and that that failure constituted continuing neglect; that the…

This opinion cites § 39.806 5 times, a subsectionCited as § 39.464 (1991 statutes), now § 39.806Also cites § 39.464(3), 39.464(4) under the 1991 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…Wackeen, Cornett & Googe, P.A., Stuart, for appellee-Nancy Coppola, as Guardian Ad Litem. PER CURIAM. Appellants attack the constitutionality of sections 39.464(3) and (4), Florida Statutes (1991), upon the ground of vagueness. We affirm. While the facial unconstitutionality argument was not presented by appellants to…

Affirmed This opinion cites § 39.806 4 times: (1)(f), (2)

Termination affirmed because the mother knowingly failed to prevent egregious violence and abuse toward the child's sibling and termination served the child's best interests.

…of the child, we affirm and write only to commend the trial judge on her lucid, carefully crafted order and dispassionate handling of this troubling case. § 39.806(1)(f), Fla. Stat. (2022); see also § 39.806(2), Fla. Stat. (“Reasonable efforts to preserve and reunify families are not required if a court of competent…

Other This opinion cites § 39.806 4 times: (1), (1)(f), (1)(l)

Rehearing denied and two questions certified to the Supreme Court on the constitutionality of the egregious conduct no-nexus provision and the three-placements ground.

…importance. As we noted in V.S. v. Dep’t of Child. & Fams., 322 So. 3d 1229 (Fla. 4th DCA 2021), “[t]he constitutionality of the 2014 amendment to section 39.806(1)(f), Florida Statutes, affects fundamental parental interests.” Id. at 1230. We once again certify the following question to the supreme court: DOES THE…

Affirmed This opinion cites § 39.806 4 times: (1)(e)1., (1)(e)3.

Termination affirmed on case plan noncompliance grounds because the mother kept testing positive and never established safe housing, with best interests and least restrictive means supported.

…Terrell, Judge. December 9, 2021 PER CURIAM. A.C. appeals a final judgment terminating her parental rights pursuant to section 39.806(1)(e)1., Florida Statutes (2020), which authorizes termination where a parent fails to “substantially comply with the case plan for a period of 12 months,” and…

Affirmed This opinion cites § 39.806 4 times: (1)(f), (1)(g)

Termination affirmed without opinion over a dissent that would hold the aggravated abuse ground unsupported and the no-nexus egregious conduct provision unconstitutional.

…J., dissenting. The trial court terminated the father’s rights to his sons, finding that DCF had established grounds for termination under section 39.806(1)(f) and (g), Florida Statutes (2020). I would hold that termination pursuant to section 39.806(1)(g) was not supported by the evidence. See A.J. v. Dep’t of…

Affirmed This opinion cites § 39.806 4 times: (1)(b), (1)(d)3., (1)(e)1.

Termination affirmed on abandonment and incarceration grounds, but the case plan noncompliance ground was struck because the incarcerated father completed the tasks available to him.

…children. We affirm the mother’s appeal without further comment. We also affirm termination of the father’s parental rights on two statutory grounds—section 39.806(1)(b) and 39.806(1)(d)(3)—but reverse termination based on section 39.806(1)(e)(1), failure to substantially comply with the case plan. The Department concedes…

Affirmed This opinion cites § 39.806 4 times: (1)(c), (1)(e)1., (1)(e)2.

Termination affirmed on two grounds; the material breach ground was struck because it was not pled in the petition, which does not change the outcome.

…the final judgment terminating parental rights to her two children. The trial court terminated the Mother’s rights based on three statutory grounds: section 39.806(1)(c) (continuing involvement of the parent in the parent-child relationship threatens the child’s well-being irrespective of services); section 39.806(1)(e)1.…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(e), (1)(e)1., and the section generally

Termination reversed because the non-offending father got a short case plan late, and DCF never investigated or helped with his housing problems.

… requirements to prove a statutory ground for termination and prove that termination is in the manifest best interest of the child. See §§ 39.806, 39.810, Fla. Stat. (2012). Then, to satisfy constitutional concerns, it also must prove that termination is the least restrictive means to…

Affirmed in part, reversed in part This opinion cites § 39.806 4 times: (1), (1)(a), (1)(f)

Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

…evidence in declining to find "egregious conduct" on the part of the parents. Such conduct is one of the fourteen enumerated grounds for TPR, paragraphs 39.806(1)(a) through (m), Florida Statutes (2018). "Egregious conduct," paragraph (f) of section 39.806(1), includes conduct that "threatens the life, safety, or…

Affirmed in part, reversed in part This opinion cites § 39.806 4 times: (1), (1)(a), (1)(f)

Dependency and denial of termination affirmed in a diabetes-care case; hospital counsel's presence was harmless error, and the Munchausen evaluation directive was quashed.

…and conducted a further hearing to allow the parties and their attorneys to review and comment on the proposed judgment. The parents objected to the 2 § 39.806(1)(f), Fla. Stat. (2016). 4 provision relating to a mandatory mental health evaluation for “Munchausen by proxy,” and…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(b), (1)(d)1., (1)(d)3., (1)(e)1.

· cited by 1 in all courts

Termination reversed because DCF did not prove it was the least restrictive means, given the mother's death, the father's imminent release, and no safety risk.

…rights of the mother and W.W. over the twins. The petition alleged three statutory grounds for terminating W.W.’s rights: (1) abandonment under section 39.806(1)(b), Florida Statutes (2016); (2) failure to comply with the case plan under section 39.806(1)(e)1., Florida Statutes (2016); and (3) harm from a continuing…

Reversed This opinion cites § 39.806 4 times: (1), (1)(d), (1)(d)1., (1)(e)

· cited by 2 in all courts

Denial of termination reversed with directions to terminate both parents; mother's repeated case plan failures satisfied least restrictive means.

…DCF established, by clear and convincing evidence, that Mother continues to abuse, neglect, or abandon A.E. and L.E., serving as grounds for TPR under section 39.806(l)(e), Florida Statutes (2016). The order detailed Mother’s failure to substantially comply with her case plans and her continued use of illegal drugs, finding that…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(b), (1)(c), (1)(e)1., and the section generally

· cited by 1 in all courts

Termination vacated and remanded because the order did not identify which statutory ground was proven or make required findings and conclusions, preventing meaningful review.

…Department) filed a petition for termination of parental rights. The petition alleged three grounds for termination: 1) abandonment, pursuant to subsection 39.806(1)(b), Florida Statutes (2013); 2) threat of harm to the child irrespective of services, pursuant to subsection 39.806(1)(c); and 3) failure to substantially…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(c), (1)(e)

· cited by 7 in all courts

Grounds and best interests affirmed, but least restrictive means reversed because findings that supervised contact was safe and the aunt would allow contact undercut termination.

…order terminating parental rights as to her two children. She challenges the court’s order which determined that termination was warranted under sections 39.806(l)(c) and 39.806(l)(e), Florida Statutes, that it was the least restrictive means of protecting the children from harm, and that it was in the children’s best…

Affirmed This opinion cites § 39.806 4 times: (1)(e)

Termination affirmed because the mother failed to substantially comply with her case plan for 29 months, and best interests and least restrictive means were supported.

…argues the trial court erred in basing the termination on her failure to comply with the case plan. We disagree with all three arguments and affirm. Section 39.806(l)(e)2, Florida Statutes (2010), provides for the termination of parental rights when the children have been adjudicated dependent and “[t]he parent *992 or…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(b), (1)(d)3.

Denial of termination reversed because the trial court never addressed the incarceration and abandonment grounds and its relative-search finding was inconsistent.

…by the Department: (1) that continuing the parental relationship with appellee, who was incarcerated, would be harmful to C.A., as set forth in section 39.806(1)(d)(3), Florida Statutes (2011); and (2) abandonment, as set forth in section 39.806(1)(b), Florida Statutes (2011). We find there was competent evidence that would…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(c), (1)(f)

· cited by 2 in all courts

Termination reversed: the mother tried hard to protect the children from their abusive father, who was no longer a threat, so neither ground was proven.

…any of the children. Specifically, the record is devoid of any, let alone the clear and convincing evidence required to support the termination under section 39.806(l)(c) or 39.806(l)(f), Florida Statutes (2010), as DCF claimed and the trial court found. The basis of the petition to terminate the mother’s rights was the…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(b), (1)(e)1.

Termination reversed: the incarcerated father never received his case plan or help and kept communicating with the child, so neither ground was proven.

…to substantially comply with the case plan was due . . . to the failure of the department to make reasonable efforts to reunify the parent and child." See § 39.806(1)(e)(1), Fla. Stat. (2010). G.M. is incarcerated and scheduled for release in early 2012. In W.L. v. Dep't of Children & Family Servs., 15 So.3d 866, 868 …

Reversed & remanded This opinion cites § 39.806 4 times: (1)(b), (1)(e)1.

· cited by 3 in all courts

Termination reversed: the incarcerated father never received his case plan or help and kept communicating with the child, so neither ground was proven.

…to substantially comply with the case plan was due ... to the failure of the department to make reasonable efforts to reunify the parent and child.” See § 39.806(1)(e)(1), Fla. Stat. (2010). G.M. is incarcerated and scheduled for release in early 2012. In W.L. v. Dep’t of Children & Family Servs., 15 So.3d 866, 868 …

Affirmed This opinion cites § 39.806 4 times: (1), (1)(g)Also cites § 39.806(1)(h), which couldn't be matched to today's text.

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

…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(l)(h), 39.806(l)(g) and 39.806(1)(£) of the Florida Statutes (2007). Accordingly, we strike those portions of *661 the trial court’s order and…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(e)1., (1)(e)2.

· cited by 8 in all courts

Termination reversed because DCF gave the jailed father no proper case plan or help and the court ignored his bond and thwarted contact.

…So.2d 1250, 1251 (Fla. 2d DCA 2003). First, the trial court found the Father failed to substantially comply with the terms of his case plan under section 39.806(1)(e)(1), Florida Statutes (2007). Section 39.806(1)(e)(1) provides that a parent's failure to complete a case plan within twelve months after an adjudication of the…

Affirmed This opinion cites § 39.806 4 times: (1)(c), (1)(f), (2), and the section generally

· cited by 2 in all courts

Termination affirmed because the mother knowingly failed to protect her children from severe abuse by the stepfather and could not protect them in the future.

… The Department of Children and Family Services [“DCF”] sought to terminate the mother’s parental rights as to both children. DCF asserted that under section 39.806(1)(c), Florida Statutes (2008), there was no way of establishing a safe parent-child relationship. It alleged that P.I. had failed to protect the child from abuse…

Affirmed This opinion cites § 39.806 4 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

Termination affirmed for all three children; the case plan ground was struck for the never-adjudicated youngest child, but the threat-to-child ground supported termination.

…parental rights to W.B. and B.B. However, we reverse the order’s termination of the Mother’s and the Father’s parental rights to Be.B. based on section 39.806(1)(e), Florida Statutes (2003). Be.B. was never declared dependent, which is a prerequisite to termination under this provision. See J.T. v. Dep’t of Children &…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(a), (1)(b), (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2002 statutes), now § 39.806(1)(e)1.

· cited by 20 in all courts

Termination reversed because the court used the wrong test on the motion to set aside implied consent, which should be liberally granted.

…the provision of services, and had refused to substantially comply with her case plan regarding the children after they had been declared dependent. See § 39.806(l)(b), (c), (e), Fla. Stat. (2002). Sometime after the petition was filed, the Department located the biological father of three of the children and began…

Affirmed This opinion cites § 39.806 4 times: (1)(c), (1)(f)

· cited by 3 in all courts

Termination affirmed; judicial notice of prior court orders was proper, and the lack of findings on denying a child's testimony was abandoned.

…CURIAM. N.W., the mother, appeals the final order of the circuit court terminating her parental rights to two children, A.S. and C.S., pursuant to section 39.806(l)(c), (f), Florida Statutes (2002). 1 We find that the trial court’s order of termination is supported by competent substantial evidence in the record. See…

Reversed & remanded This opinion cites § 39.806 4 times: (1), (1)(a), (1)(d)

· cited by 3 in all courts

Termination order vacated because when a parent consents mid-proceeding the court must identify the acts causing termination, not rely on the surrender alone.

…than 2010. The father was also designated as a sexual predator. The mother filed a petition to terminate the father’s parental rights pursuant to section 39.806(l)(d), Florida Statutes (2002), based on the acts detailed above. After the petition was filed, the father executed a voluntary surrender of his parental rights to…

Affirmed This opinion cites § 39.806 4 times: (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 1 in all courts

Termination affirmed on case plan noncompliance; DCF's poor reasonable efforts were criticized but did not cause the mother's failure to address her drug problem.

…or well-being of the child irrespective of the provision of services, and (2) that she had materially breached the terms and conditions of her case plan. § 39.806(l)(e),(e), Fla. Stat. (2001). The matter came before the court in November of 2001. At the adjudicatory hearing, it became abundantly clear DCF provided few, if…

Affirmed This opinion cites § 39.806 4 times: (1)(d), (1)(d)1., (3)

· 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.

…father were terminated. C.A.H. alone has appealed the termination, arguing that (1) her incarceration was insufficient to support termination under section 39.806(1)(d)1., Florida Statutes (2001), and (2) her rights should not have been terminated without DCF first offering her a case plan with a goal of reunification. We…

Reversed & remanded This opinion cites § 39.806 4 times: (1)(c), (1)(i)

· cited by 1 in all courts

Dismissal of dependency and termination reversed; the court wrongly refused to recognize a sibling's Mississippi termination; new hearing before a different judge ordered.

…its petition for dependency because a preponderance of evidence demonstrated present and prospective abuse and neglect. The petition, relying on section 39.806(1)(c) and (i) [1] , alleged that on April 26, 2000, the father, Roy McCormack, assaulted the mother, Victoria Vaught, in the presence of the child, S.M., and that…

Affirmed This opinion cites § 39.806 4 times: (1)(d)Cited as § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d)Also cites § 39.464(1), which couldn't be matched to today's text.

· cited by 87 in all courts

Dependency upheld: a sex offense against one child does not alone prove siblings dependent, but the father's long imprisonment and other circumstances sufficed.

…for a sexual offense against another child shall constitute grounds for an adjudication of dependency or the termination of parental rights. Cf. § 39.464(1)(d), Fla. Stat. (1997) (providing that grounds for termination of parental rights exist when the parent engages in egregious conduct that threatens the life of…

This opinion cites § 39.806 4 times: (1)(c), and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(c) (1997 statutes), now § 39.806(1)(c)

…against her husband. The father voluntarily surrendered his parental rights. The petition did not indicate which subsection of the relevant statute, section 39.464, Florida Statutes, was being invoked. At the termination hearing, the court questioned the Department about which subsection^) of section 39.464, Florida…

This opinion cites § 39.806 4 times, a subsectionCited as § 39.464 (1995 statutes), now § 39.806Also cites § 39.464(1)(e) under the 1995 statutes, too old to match to today's subsections.

· cited by 7 in all courts

…Beach, for appellee. POLEN, Judge. P.A., the natural mother of two minor children, appeals an order terminating her parental rights pursuant to section 39.464(1)(e), Florida Statutes (1995). The department [1] alleged that P.A. had not substantially complied with her performance agreement, in which she was assigned four…

This opinion cites § 39.806 4 times, a subsectionCited as § 39.464 (1993 statutes), now § 39.806Also cites § 39.464(2), 39.464(5) under the 1993 statutes, too old to match to today's subsections.

…v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982). The grounds upon which parental rights may be terminated are set out in section 39.464, 4 and termination is warranted if any of the elements of that section are met. 5 If a performance agreement has been offered, the failure to substantially…

This opinion cites § 39.806 4 times, a subsectionCited as § 39.464 (1993 statutes), now § 39.806Also cites § 39.464(3), 39.464(4) under the 1993 statutes, too old to match to today's subsections.

· cited by 1 in all courts

…seventeen paragraphs of detailed findings based upon competent and substantial evidence in the record, concluded as follows: 19. The elements of Section 39.464, Florida Statutes, have been met as to this child in that: *794 A. The foregoing conduct on the part of both parents constitutes severe and continuing…

This opinion cites § 39.806 4 times, the section generallyCited as § 39.464 (1987 statutes), now § 39.806

· cited by 265 in all courts

…and exploitation. §§ 39.001, .002, Fla. Stat. (1987). The Act expressly authorizes the practice where prior attempts at rehabilitation have failed: 39.464 Elements of procedures for termination. — ... . (2) EXTRAORDINARY PROCEDURES. — (a) Whenever it appears that the manifest best interests of the child…

Affirmed This opinion cites § 39.806 3 times: (1)(b), and the section generally

Termination affirmed because the incarcerated father never wrote to or spoke with the children despite materials provided, supporting abandonment.

…So. 3d 1198, 1203 (Fla. 1st DCA 2016)). To terminate parental rights, a trial court must find, among other things, that a ground for termination under section 39.806, Florida Statutes, exists. P.R. v. Dep’t of Child. & Fams., 337 So. 3d 456, 460 (Fla. 1st DCA 2022). Father argues that the trial court’s finding that…

Affirmed This opinion cites § 39.806 3 times: (1), (1)(b), (1)(f)

Termination affirmed because competent substantial evidence supported the abandonment and egregious conduct grounds, which permit terminating one parent's rights.

…that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination exist, specifically section 39.806(1)(b) and (1)(f), Florida Statutes (2025). “The parental rights of one parent may be severed . . . ‘[i]f the protection of the child[ren] demands termination of…

Affirmed This opinion cites § 39.806 3 times: (1), (1)(b)

Termination affirmed because the father, who delayed stepping forward, rarely visited and paid support once, abandoned the child; best interests and least restrictive means met.

…seeks to reverse the amended final judgment terminating his parental rights to the child (“C.B.”) on grounds of abandonment, pursuant to sections 39.01(1) and 39.806(1)(b), Florida Statutes (2023). We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). We affirm. BACKGROUND C.B. was born…

Affirmed This opinion cites § 39.806 3 times: (1)(c), and the section generally

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

…termination of parental rights filed under this chapter must contain facts supporting the following allegations: That at least one of the grounds listed in s. 39.806 has been met.”). The trial court determined that there was clear and convincing evidence to support termination pursuant to section 39.806(1)(c),…

Certiorari / writ granted This opinion cites § 39.806 3 times: (1)(f), (1)(g), (1)(h)

Certiorari granted quashing a custody transfer to out-of-state grandparents because the court wrongly elevated the parents' choice above the child's best interests under section 63.082(6).

…to express a preference; 6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the child; and 8. The right of the parent to determine an appropriate placement for…

Affirmed This opinion cites § 39.806 3 times: (1), (1)(l)

Termination affirmed on the three-out-of-home-placements ground; the court certified the question whether that ground is unconstitutional for removing the harm and least restrictive means burdens.

…January 13, 2022, and issue the following in its place: We affirm the final judgment of termination of the Mother’s parental rights under section 39.806(1)(l), Florida Statutes (2020). See K.A. v. Dep’t of Child. & Fams., 46 Fla. L. Weekly D2609 (Fla. 4th DCA Dec. 8, 2021); N.B. v. Fla. Dep’t of Child. & Fams., 183…

Affirmed This opinion cites § 39.806 3 times: (1)(c), (1)(f), (1)(j)

Termination affirmed on chronic drug abuse, egregious conduct and threat grounds; evidence of injuries and neglect sufficed without proof the mother caused injuries.

…conduct that threatens the child, and that the continued involvement of the parent in the child’s life threatens the child, irrespective of services. § 39.806(1)(c), (f), (j), Fla. Stat. (2020). K.M.’s argument on appeal is that the grounds were not supported by the evidence. K.M. claims the Department failed to prove a…

Affirmed This opinion cites § 39.806 3 times: (1)(c), (1)(e), (1)(j)

Termination affirmed on the threat and case plan grounds given relapse and domestic violence; a missing twenty-minute transcript portion caused no prejudice.

…CURIAM. We affirm the final judgment of termination. Although the appellee offers insubstantial support for the court’s conclusion that section 39.806(1)(j), Florida Statutes (2019) was a ground for termination, there is competent substantial evidence to support the court’s findings that the mother’s rights should…

Reversed This opinion cites § 39.806 3 times: (1)(e)1., and the section generally

Denial of termination reversed because findings doubting the great-grandmother's suitability and family estrangement were unsupported; termination was in the children's best interests.

…supported the trial court’s finding there was “no way to dispute” the overwhelming evidence for terminating the mother’s parental rights under section 39.806(1)(e)1., Florida Statutes (2018). However, the trial court determined TPR was not in the manifest best interests of the children and denied the petition. The…

Affirmed This opinion cites § 39.806 3 times: (1)(c), (1)(f), (1)(g)

Termination affirmed on threat and egregious-conduct grounds; remanded to remove a dismissed aggravated-abuse ground that was improperly included in the judgment.

…however, to correct the final judgment by removing the court’s conclusion of law that clear and convincing evidence supported termination based upon section 39.806(1)(g), Florida Statutes. The parties all agree that the Department of Children and Families dismissed this ground as a basis for termination, which the trial court…

Affirmed This opinion cites § 39.806 3 times: (1)(e), (1)(e)1.

· cited by 5 in all courts

Termination affirmed; completing parenting classes and finding housing was not substantial compliance because the mother never completed required mental health treatment.

…into care that the mother would not acknowledge. The trial court entered an order terminating the mother’s parental rights pursuant to section 39.806(1)(e), Florida Statutes (2018), based on her failure to substantially comply with her case plan, despite being given three years to do so. The mother now…

Reversed & remanded This opinion cites § 39.806 3 times: (1), (1)(c)

· cited by 1 in all courts

Termination of the father's rights reversed because DCF offered no services and did not prove services would be futile, as required for the threat-to-child ground.

…the life, safety, well-being, and physical, mental and emotional health of the children irrespective of the provision of services.” See § 39.806(1)(c), Fla. Stat. C.W. was not offered any services to address his mental health or substance abuse issues. See § 39.6012, Fla. Stat. At the termination of…

Affirmed This opinion cites § 39.806 3 times: (1)(f), (1)(g), (1)(h)

· cited by 4 in all courts

Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.

… understanding, and experience to express a preference; 6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the child; and 8. The right of the parent to determine an appropriate placement for the child. …

Affirmed This opinion cites § 39.806 3 times: (1)(f), (1)(g), (1)(h)

Foster parents lacked standing to appeal; transfer of the child to the mother's chosen adoptive parents affirmed as supported by the best-interest factors.

… understanding, and experience to express a preference; 6. Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(1)(f), (g), or (h); 7. What is best for the child; and 8. The right of the parent to determine an appropriate placement for the child. …

Affirmed This opinion cites § 39.806 3 times: (1)(d)1.

Termination affirmed for the father on incarceration grounds and for the mother after counsel found no merit; remanded to correct a scrivener's error.

…a significant portion of the child’s minority,” and “continuing the parental relationship with the father would be harmful to the minor child.” See § 39.806(1)(d)1., 3., Fla. Stat. (2014). On appeal, the father makes numerous arguments pertaining to section 39.806(1)(d)1. We find no merit to the issues raised by the…

Affirmed This opinion cites § 39.806 3 times: (1)(e)

Termination of the institutionalized father's rights affirmed, but remanded to strike the case-plan ground, which the petition alleged only against the mother.

…rights. We affirm the final court’s findings and ruling, with the exception of the trial court’s termination of Father’s parental rights pursuant to section 39.806(l)(e), Florida Statutes (2015). That subsection provides for termination when a case plan has been filed and: (1) “the child continues to be abused, neglected, or…

Affirmed This opinion cites § 39.806 3 times: (1)(f), (1)(f)2.

· cited by 6 in all courts

Termination affirmed: failing to give an HIV-positive infant her medication until she developed AIDS was egregious conduct, and no case plan was required.

…affirm the termination of parental rights. The Department petitioned to terminate the father’s parental rights, alleging that pursuant to section 39.806(1)(f), Florida Statutes (2013), “the [father] engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent…

Affirmed in part, reversed in part This opinion cites § 39.806 3 times: (1)(d), (1)(d)1., and the section generally

· 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.

… Termination of parental rights by the state requires clear and convincing evidence of: (1) a statutory ground for termination set forth in section 39.806, Florida Statutes; (2) that termination is in the manifest best interest of the child pursuant to section 39.810; and (3) that termination is the least…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(d)1.

Incarceration-based termination reversed: court skipped least restrictive means, over-weighed incarceration, and barred evidence the mother thwarted the father's relationship.

…of the Father's parental rights, arguing that the Father's parental rights should be terminated pursuant to—among other grounds—section 39.806(1)(d)(1), Florida Statutes (2012). That section provides for termination of parental rights where "[t]he period of time for which the parent is expected to be…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(d)1.

· cited by 4 in all courts

Incarceration-based termination reversed: court skipped least restrictive means, over-weighed incarceration, and barred evidence the mother thwarted the father's relationship.

…termination of the Father’s parental rights, arguing that the Father’s parental rights should be terminated pursuant to— among other grounds — section 39.806(l)(d)(l), Florida Statutes (2012). That section provides for termination of parental rights where “[t]he period of time for which the parent is expected to be…

Affirmed This opinion cites § 39.806 3 times: (1)(f), (1)(g)

Termination affirmed based on the father's sexual abuse of a sibling and the mother's failure to protect; evidentiary rulings were harmless or within discretion.

…of a sibling of the children in question by the father and the mother’s failure to appropriately protect the other children from the dangers he presented. § 39.806(l)(f), (g), Fla. Stat. (2012). 1 See N.R.R. v. Dep’t of Children & Families, 959 So.2d 359 (Fla. 3d DCA 2007); Dep’t of Children & Families v. B.B., 824…

Affirmed This opinion cites § 39.806 3 times: (1), (1)(i), (1)(l)

· 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.

…(“DCF”) proved a ground for termination by clear and convincing evidence and that, termination was in the manifest best interest of S.D. See §§ 39.806(1)(i), 39.810, Fla. Stat. (2010); In re the Adoption of Baby E.A.W., 658 So.2d 961 , 967 (Fla.1995); C.L. v. Dep’t of Children & Family…

Affirmed in part, reversed in part This opinion cites § 39.806 3 times: (1)(b), (1)(c), (3)

· cited by 7 in all courts

Termination affirmed for the mother but reversed for a father who paid support, visited, and was never offered a case plan.

…a petition for termination of parental rights against both the father and the child’s mother. The petition was filed on an expedited basis pursuant to section 39.806(3), Florida Statutes. This court noted that the father was not offered a case plan for reunification prior to initiation of the termination proceeding. He was…

Affirmed This opinion cites § 39.806 3 times: (1)(b), (1)(c), (1)(e)

Termination affirmed because ample evidence showed the father failed to comply with his case plan and abandoned the child; the continuing-threat ground was not reached.

…the record contains ample evidence to support the termination of appellant-father’s parental rights on grounds of failure to comply with his case plan, § 39.806(l)(e)l., Fla. Stat. (2008), and abandonment, § 39.806(l)(b), Fla. Stat. (2008), 1 the judgment under review is affirmed. Affirmed. . We do not reach the…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(d), (1)(e), (1)(f)

· cited by 3 in all courts

Mother's termination reversed because the father's was reversed and the case plan ground she was terminated on does not permit single-parent termination.

…order terminating the Mother’s parental rights reflects that her rights were terminated solely based on her failure to complete her case plan under section 39.806(l)(e), Florida Statutes (2008). This is not a ground specified in section 39.811(6)(e), and the Department did not put on evidence to establish any other ground for…

Affirmed This opinion cites § 39.806 3 times: (1)(c), (1)(e)

· cited by 3 in all courts

Termination affirmed: after four years of services, the mother's unresolved domestic violence and mental health problems still endangered the child; her case plan remained incomplete.

… 1 Ultimately, the trial court found that there was clear and convincing evidence supporting the grounds for termination under sections 39.806(l)(c) and (l)(e), Florida Statutes (2007), and that termination was in the manifest best interests of the child. We affirm. The trial court’s finding that…

Affirmed This opinion cites § 39.806 3 times: (1)(a)1., (1)(a)2., and the section generally

· cited by 4 in all courts

Denial of the mother's motion to set aside her surrender affirmed; duress was unproven and the general master properly took the acknowledgment.

…acknowledged, and that her mental condition was not properly addressed. Following a hearing, the trial court denied the motion. Two provisions of section 39.806, Florida Statutes (2007), are implicated in this appeal. The first involves the form required if a parent elects to execute a written surrender, thereby…

Reversed This opinion cites § 39.806 3 times: (1)(d)1.

Termination based solely on incarceration reversed because the father's remaining prison term was not a substantial portion of the time before the children reach majority.

…S.H. and reverse. The Department of Children and Family Services (DCF) filed an amended petition to terminate S.H.'s parental rights pursuant to section 39.806(1)(d)(1), Florida Statutes (2007). In pertinent part, the statute provides for termination of parental rights when the parent is incarcerated and the period of…

Reversed This opinion cites § 39.806 3 times: (1)(d)1.

· cited by 3 in all courts

Termination based solely on incarceration reversed because the father's remaining prison term was not a substantial portion of the time before the children reach majority.

…S.H. and reverse. The Department of Children and Family Services (DCF) filed an amended petition to terminate S.H.’s parental rights pursuant to section 39.806(l)(d)(l), Florida Statutes (2007). In pertinent part, the statute provides for termination of parental rights when the parent is incarcerated and the period of…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(f), (2)

· cited by 3 in all courts

Denial of termination reversed because the court relied solely on an available relative placement, which the statute bars as a factor weighing against termination.

…omissions constituted egregious conduct that threatened the children's life, safety, well-being, or physical, mental, or emotional health pursuant to section 39.806(1)(f), Florida Statutes (2007), and terminated parental rights with respect to S.R. [2] As to C.W., *1271 however, the trial court determined that, because a…

Affirmed This opinion cites § 39.806 3 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 3 in all courts

Termination affirmed because both parents refused drug treatment despite services; the judge's independent medical research was error but harmless.

…that the evidence is legally sufficient. As we interpret the final judgment, the trial court terminated the parental rights solely on the basis of paragraph 39.806(1)(c), Florida Statutes (2005). That statutory provision allows termination of parental rights when "the continuing involvement of the parent or parents in the…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(c)

· cited by 1 in all courts

Termination reversed because there was no evidence the father's continued involvement would harm the children despite services, or that DCF offered him services.

…of Children and Families, Tallahassee, for Appellee. PER CURIAM. Appellant, Father, appeals the termination of his parental rights pursuant to section 39.806(1)(c), Florida Statutes (2005), arguing the Department of Children and Families failed to prove that his continued involvement would harm his children irrespective…

This opinion cites § 39.806 3 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

…for either parent; or, that the children’s life, safety, or health would be threatened by continued interaction with the mother. See §§ 39.01(1), 39.01(45), 39.806(l)(c), and 39.806(l)(e), Fla. Stat. (2005). The record also lacks competent, substantial evidence that the Department of Children and Families made any effort to…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 20 in all courts

Termination reversed: the mother substantially complied with her case plan and entered residential treatment, and no nexus tied her drinking to harm; plan extended.

…in DCF custody. Following the domestic violence incident, the Case Plan was amended, on June 24, 2004, with a goal to terminate parental rights under section 39.806(1)(e), of the Florida Statutes. [5] TESTIMONY AND EVIDENCE At the termination hearing, DCF presented the testimony of the DCF investigators who worked the…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(i), and the section generally

· cited by 5 in all courts

Termination based on a sibling's prior termination reversed: DCF offered no case plan and proved no specific risk, so least restrictive means was unmet.

…The Department's petition relied upon this prior termination to prove in this case that the mother refused to avail herself of services pursuant to section 39.806(1)(i), Florida Statutes (2001). [1] The petition alleged certain erratic behaviors in support of the assertion that M.S. was mentally ill. [2] The petition does…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(d), (1)(e)1., (1)(i)Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

Termination reversed: incarceration was not a substantial portion of minority, DCF never gave the father a case plan, and the sibling termination was by consent.

…cited in the trial court's order. One of the grounds for termination of C.C.'s parental rights cited by the trial court is that set forth in section 39.806(1)(d), Florida Statutes (2001). That statute allows for termination where a parent's incarceration in a state correctional institution will be for a substantial…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(d), (1)(e)1., (1)(i)Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 11 in all courts

Termination reversed: incarceration was not a substantial portion of minority, DCF never gave the father a case plan, and the sibling termination was by consent.

…cited in the trial court’s order. One of the grounds for termination of C.C.’s parental rights cited by the trial court is that set forth in section 39.806(l)(d), Florida Statutes (2001). That statute allows for termination where a parent’s incarceration in a state correctional institution will be for a substantial…

Reversed This opinion cites § 39.806 3 times: (1)(f), (1)(g), and the section generally

· cited by 15 in all courts

Termination of the father's rights reversed; no evidence showed he knew or should have known the mother abused the infant, whose injuries were invisible.

…supported by substantial competent evidence to support the trial court's finding of "clear and convincing" evidence. E.A.W, 658 So.2d at 967 . Section 39.806, Florida Statutes (2001) provides the grounds for termination of parental rights. The DCF and the trial court relied upon subsections (1)(f) and (g) as the…

Reversed & remanded This opinion cites § 39.806 3 times: (1)(a)

· cited by 6 in all courts

Termination reversed because a settlement making the mother's surrenders enforceable on any default, without a hearing, was void as against public policy.

…surrenders and consents to be delivered for use by the Department should Appellant default under her case plan contravenes the legislative intent of section 39.806(1)(a), Florida Statutes (2000), and is void as *196 against public policy. Accordingly, we reverse and remand. Appellant first became involved with the…

Affirmed This opinion cites § 39.806 3 times: (1)(f), (1)(f)2., (2)

· cited by 8 in all courts

Termination of a 15-year-old mother's rights affirmed on egregious conduct; no guardian ad litem for her was required, and no case plan was needed.

… (Fla. 2d DCA 1999). We disagree. Here, the DCF sought termination of M.C.'s parental rights on the grounds she had engaged in "egregious conduct." Section 39.806(1)(f), Florida Statutes (1999), permits a trial court to terminate a parent's rights when the parent engages in egregious conduct or has the opportunity and…

Affirmed This opinion cites § 39.806 3 times: (1)(e)1., (1)(i)Cited as § 39.806(1)(e) (1999 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Termination affirmed for case plan noncompliance, rejecting the mother's excuses of money, confusion and lack of services; the sibling-termination ground was not reached.

…of a final judgment terminating her parental rights as to D.W. In the judgment, the trial court concluded that termination was appropriate under (1) section 39.806(1)(i), Florida Statutes (1999), because appellant's parental rights to a sibling had previously been involuntarily terminated, and (2) section 39.806(1)(e), based…

This opinion cites § 39.806 3 times: (1)(d), and the section generallyCited as § 39.464(1)(d) (1997 statutes), now § 39.806(1)(d); § 39.464 (1991 statutes), now § 39.806

· cited by 6 in all courts

…of the child demands termination of the rights of a single parent; or (e) If the parent whose rights are being terminated meets the criteria specified in s. 39.464(1)(d). While it terminated "[a]ll legal relations between the adoptee and the birth father," but not the birth mother, the trial court did not find that any of…

This opinion cites § 39.806 3 times: (1)(e)1., (1)(f), and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(f) (1997 statutes), now § 39.806(1)(e)1.; § 39.464(1)(e) (1997 statutes), now § 39.806(1)(f)

…means of protecting the children from harm. See Padgett v. Department of Health & Rehabilitative Svcs., 577 So.2d 565 (Fla.1991). Section 39.464, Florida Statutes (1997), provides the grounds for termination of parental rights. Termination may be sought when a child has been adjudicated dependent, a…

This opinion cites § 39.806 3 times: (1)(f), and the section generallyCited as § 39.464 (1997 statutes), now § 39.806; § 39.464(1)(e) (1997 statutes), now § 39.806(1)(f)

· cited by 13 in all courts

…restrictive means of protecting the children from harm. See Padgett v. Department of Health & Rehabilitative Svcs., 577 So.2d 565 (Fla.1991). Section 39.464, Florida Statutes (1997), provides the grounds for termination of parental rights. Termination may be sought when a child has been adjudicated dependent, a…

This opinion cites § 39.806 3 times, a subsectionCited as § 39.464 (1995 statutes), now § 39.806Also cites § 39.464(1) under the 1995 statutes, too old to match to today's subsections.

· cited by 24 in all courts

…the parent abused, neglected or abandoned the child or that the child is at substantial risk of future abuse, neglect or abandonment. Id. Subsection 39.464(1), Florida Statutes (1995), provides: (1). The Department ... or any person who has knowledge of the facts alleged or is informed of said facts and believes…

This opinion cites § 39.806 3 times, a subsectionAlso cites § 39.464(1) under the 1995 statutes, too old to match to today's subsections.

· cited by 3 in all courts

… (Fla.1987). However, this standard does not apply to a consent that is accepted by the court pursuant to Florida Rule of Juvenile Procedure 8.520(c). Section 39.464(1), Florida Statutes (1995) makes clear that once a juvenile court has accepted the consent and announced its ruling in open court, the proceeding becomes a…

This opinion cites § 39.806 3 times, a subsectionAlso cites § 39.464(1)(a)2., 39.464(1)(a)1. under the 1995 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…in this case because once the surrender has been executed, it can only be withdrawn upon a finding that it was the product of fraud or duress. See § 39.464(1)(a)(2), Fla. Stat. (1995). In addition, the Rules of Juvenile Procedure require the following: (b) Waiver of Counsel (1) No waiver shall be accepted if it…

This opinion cites § 39.806 3 times, the section generallyCited as § 39.464 (1993 statutes), now § 39.806

· cited by 4 in all courts

…record to support the trial court's finding that Ms. Collucci did not comply with the agreement. The grounds for granting a T.P.R. are set out in section 39.464, Florida Statutes (1993): 39.464 Grounds for termination of parental rights. The department, the guardian ad litem, or a licensed child-placing agency may…

This opinion cites § 39.806 3 times, a subsectionCited as § 39.464 (1983 statutes), now § 39.806Also cites § 39.464(5) under the 1991 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…the statute now provides that the failure to substantially comply with an agreement or plan will constitute evidence of abuse, neglect or abandonment. Section 39.464(5), Fla. Stat. (1991). Nevertheless, that failure is only to be evidence; the statute lacks a clear legislative mandate that failure in this one obligation…

This opinion cites § 39.806 3 times, a subsectionAlso cites § 39.464(4) under the 1991 statutes, too old to match to today's subsections.

· cited by 3 in all courts

…entered an order finding, by clear and convincing evidence, that both parents were guilty of “egregious emotional abuse” of the children pursuant to section 39.464(4), Florida Statutes. 1 The court directed the department to file a petition to terminate the appellant’s parental rights within sixty days and placed the…

This opinion cites § 39.806 3 times, a subsectionCited as § 39.464 (1987 statutes), now § 39.806Also cites § 39.464(2) under the 1987 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…her parental rights to those children, and argues that the circumstances did not require resort to the extraordinary procedures provided in Section 39.464(2), Florida Statutes (1987), and that the lower court erred in terminating her rights without requiring the Department of Health and Rehabilitative Services…

Affirmed This opinion cites § 39.806 2 times: (1)(f), (1)(g)

Denial of the Department's petition to terminate was affirmed because, despite grounds proven, the court's best-interest findings, relative caregiver and services supported keeping reunification possible.

… The trial court found that both parents had committed “egregious conduct” and aggravated battery, sufficient to justify termination of parental rights. See § 39.806(1)(f), Fla. Stat. (2025) (defining egregious conduct); § 39.806(1)(g), Fla. Stat. (defining aggravated battery). The children were adjudicated dependent. The trial…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(f), (1)(g)

Dismissal of the expedited termination petition was reversed because the trial court did not view the evidence of the infant's many fractures in the light most favorable to the Department.

…granted A.B.’s motion, finding that the Department failed to prove by clear and convincing evidence that the mother engaged in egregious conduct under section 39.806(1)(f), Florida Statutes, or had engaged in aggravated, chronic, or sexual abuse under section 39.806(1)(g), Florida Statutes. It further concluded that no evidence…

Affirmed This opinion cites § 39.806 2 times: (1)(f), (1)(f)2.

Denial of the parents' third and fourth motions for extraordinary relief affirmed; the parents lacked due diligence and offered only cumulative expert opinion, not newly discovered evidence.

…conduct or had the opportunity to prevent such conduct that endangered [the twins’] li[ves], safety, and physical, mental, or emotional health.” See § 39.806(1)(f)2., Fla. Stat. (2022) (authorizing termination based on “egregious conduct”). Moreover, the trial court terminated the father’s rights to the half-brother…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(f), and the section generally

Termination reversed because there was no clear and convincing proof the mother could and knowingly failed to prevent her paramour's severe injury to the child.

…C.J. Appellant, J.R., Mother of J.J., J.J., W.G. Jr., and K.B., appeals an order terminating her parental rights to her children, pursuant to section 39.806, Florida Statutes (2023), arguing inter alia, that there is no competent substantial evidence in the record that she knew or should have known that her…

Affirmed This opinion cites § 39.806 2 times, the section generally

Termination of the father's rights affirmed; competent substantial evidence supported abandonment, chronic abuse and case plan noncompliance grounds.

…D.W. now appeals. Termination of parental rights requires the Department to prove by clear and convincing evidence one of the grounds listed in section 39.806, Florida Statutes. After the trial court finds that the Department has met its burden, an appellate court reviews the trial court’s findings to determine if…

Affirmed This opinion cites § 39.806 2 times: (1)(m)

Termination affirmed in a short opinion citing the deferential standard and the rule that a child conceived by sexual battery needs no reunification case plan.

…In Int. of X.W., 255 So. 3d 882, 890 (Fla. 2d DCA 2018) (recognizing that “a case plan with a goal of reunification is not required where, under section 39.806(1)(m)[, Florida Statutes], a child has been conceived as the result of an unlawful sexual battery” (citing D.A.D. v. Dep’t of Child. & Fam. Servs., 903 So. 2d 1034,…

Affirmed This opinion cites § 39.806 2 times: (1)(f)

Termination affirmed on the egregious conduct ground; once that ground is proven the court need not separately find least restrictive means.

…of Children & Families, 337 So. 3d 456, 461 (Fla. 1st DCA 2022) (explaining that once the trial court determines that termination is warranted under section 39.806(1)(f), Florida Statutes, the court need not make a determination as to the least restrictive means); K.A. v. Dep’t of Children & Families, 332 So. 3d 501, 507…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(j)

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.

…relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child, irrespective of the provision of services.” § 39.806(1)(c), Fla. Stat. (2020). Since the Department needed to prove only one ground for termination, we need not decide whether the trial court…

Other This opinion cites § 39.806 2 times: (1)(f)

Court certified to the Supreme Court whether the 2014 amendment dropping the sibling nexus requirement for egregious-conduct termination is unconstitutional.

…IMPORTANCE. PER CURIAM. We grant the motion to certify a question of great public importance. The constitutionality of the 2014 amendment to section 39.806(1)(f), Florida Statutes, affects fundamental parental interests. Before issuance of our opinion in this case, no court has directly addressed the constitutionality…

Affirmed This opinion cites § 39.806 2 times: (1)(d), (1)(d)1.

Termination affirmed on the incarceration ground because the mother's expected incarceration would be a significant portion of the child's minority.

…appeal from the Circuit Court for Okaloosa County. Terrance R. Ketchel, Judge. January 12, 2021 PER CURIAM. AFFIRMED. See § 39.806(1)(d), Fla. Stat. (2019) (establishing grounds for termination of parental rights to include “[w]hen the parent of a child is incarcerated and . . . [t]he period of…

Affirmed This opinion cites § 39.806 2 times: (1)(e)1., (1)(e)3.

Termination affirmed because competent substantial evidence showed the father failed to substantially comply with his case plan.

…rights, that the father failed to substantially comply with his case plan for 12 months after the child was adjudicated dependent, in violation of section 39.806(1)(e)(1), Florida Statutes (2020), and failed to substantially comply with his case plan for any 12 of the 22 months the child has been in care, in violation of…

This opinion cites § 39.806 2 times, the section generally

…liberty interest. See Santosky v. Kramer, 455 U.S. 745 (1982). The grounds for termination of parental rights in Florida are governed by section 39.806, Florida Statutes, and include, for example, the showing of abandonment, abuse, or neglect by clear and convincing evidence. The trial court must also engage…

Reversed This opinion cites § 39.806 2 times: (1)(c), (1)(f)

Dependency adjudication on remand reversed with instructions to dismiss because speculation about who injured the infant and stale minor lapses did not prove dependency.

…was involved in egregious conduct or that the Child's life, safety, or health would be threatened by continued interaction with the Mother." See also § 39.806(1)(c), (f), Fla. Stat. (2017). In so holding, we concluded that "[t]he trial court's finding that the Mother 'either inflicted the [Child's] injury, or knows who…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(c), (1)(e)1.

· cited by 2 in all courts

Termination reversed and remanded for a prompt new hearing because key manifest-best-interests findings about the troubled child's prospects lacked evidentiary support.

…of the mother’s parental rights as to X.P. DCF listed two grounds: 1) the mother’s failure to substantially comply with her case plan under section 39.806(1)(e)(1), Florida Statutes; and 2) her engagement in conduct that demonstrated that her continuing involvement in the parent- child relationship threatened her son’s…

Affirmed This opinion cites § 39.806 2 times: (1)(b)

Termination for abandonment affirmed; the father's counsel, private adoption and single-parent termination arguments were unpreserved or meritless, and he did not challenge the evidence.

…involuntarily terminate the parental rights of both Mother and Father. DCF alleged, among other grounds, that Father abandoned Child in violation of section 39.806(1)(b), Florida Statutes (2016). DCF made continuous attempts to serve Father to no avail, as detailed in multiple affidavits of diligent search. DCF served Father…

Affirmed This opinion cites § 39.806 2 times: (1)(d)3.

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

…court's findings that the Department of Children and Families ("DCF") proved, by clear and convincing evidence, a ground for termination pursuant to section 39.806(1)(d)(3), Florida Statutes (2017). 1 Because DCF was required to prove only one statutory ground for termination, we do not need to address whether the trial court…

Affirmed This opinion cites § 39.806 2 times: (1)(d)3.

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

…court’s findings that the Department of Children and Families (“DCF”) proved, by clear and convincing evidence, a ground for termination pursuant to section 39.806(1)(d)(3), Florida Statutes (2017).1 Because DCF was required to prove only one statutory ground for termination, we do not need to address whether the trial court…

This opinion cites § 39.806 2 times: (1), (1)(d)

· cited by 1 in all courts

…612 , 613 (Fla. 5th DCA 2013). AFFIRMED. COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. The trial court's order erroneously referred to section 39.806(1), Florida Statutes (2015), to interpret "abandonment" instead of section 63.089(4). However, the error was harmless, as there is no significant difference in…

This opinion cites § 39.806 2 times: (1), (1)(d)

…(Fla. 5th DCA 2013). AFFIRMED. COHEN, C.J., ORFINGER and EISNAUGLE, JJ., concur. 1 The trial court’s order erroneously referred to section 39.806(1), Florida Statutes (2015), to interpret “abandonment” instead of section 63.089(4). However, the error was harmless, as there is no significant difference in…

Affirmed This opinion cites § 39.806 2 times: (1)(c)

Termination affirmed on the two pleaded grounds; remanded to strike an unpleaded section 39.806(1)(c) reference from the judgment as a clerical error.

…Appellant's parental rights to the minor child on the two statutory grounds pleaded, but we remand to the trial court to strike its reference to section 39.806(1)(c), Florida Statutes (2017), in the final judgment as an additional reason for termination. This was clearly an inadvertent clerical error by the court, as the…

Affirmed This opinion cites § 39.806 2 times: (1)(c)

Termination affirmed on the two pleaded grounds; remanded to strike an unpleaded section 39.806(1)(c) reference from the judgment as a clerical error.

…Appellant’s parental rights to the minor child on the two statutory grounds pleaded, but we remand to the trial court to strike its reference to section 39.806(1)(c), Florida Statutes (2017), in the final judgment as an additional reason for termination. This was clearly an inadvertent clerical error by the court, as the…

Affirmed This opinion cites § 39.806 2 times: (1)(j)

Chronic substance abuse ground struck for no proof the mother refused available treatment within three years before the petition; termination otherwise affirmed.

…but otherwise affirm. The trial court based termination in part on a finding that the petitioner had established grounds for termination under section 39.806(1)(j), Florida Statutes (2015), which provides for termination of parental rights where “[t]he parent or parents have a history of extensive, abusive, and chronic…

Affirmed This opinion cites § 39.806 2 times: (1)(e), (1)(e)3.

· cited by 1 in all courts

Denial of the mother's motion to vacate a default termination affirmed because she failed to show a meritorious defense to the case plan noncompliance ground.

…M.P. moved to vacate the default/implied consent judgment, which the trial court denied because M.P. failed to prove a meritorious defense to section 39.806(1)(e)3, Fla. Stat. (2016). We review the trial court’s order denying M.P.’s Motion to Set Aside and Vacate the Final Judgment of Termination of Parental…

Affirmed in part, reversed in part This opinion cites § 39.806 2 times: (1)(i)

Termination based on prior sibling terminations supported by evidence, but remanded for the required finding that reunification would pose a substantial risk to the child.

…of Child. & Fam. Servs., 843 So.2d 996, 999 (Fla. 1st DCA 2003) (quoting In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla. 1995)). Section 39.806(1)(i), Florida Statutes (2017), provides that a trial court may terminate parental rights where “[t]he parental rights of the parent to a sibling of the child have…

Affirmed in part, reversed in part This opinion cites § 39.806 2 times: (1)(i)

Termination based on prior sibling terminations supported by evidence, but remanded for the required finding that reunification would pose a substantial risk to the child.

…of Child. & Fam. Servs., 843 So. 2d 996, 999 (Fla. 1st DCA 2003) (quoting In re Adoption of Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995)). Section 39.806(1)(i), Florida Statutes (2017), provides that a trial court may terminate parental rights where "[t]he parental rights of the parent to a sibling of the…

This opinion cites § 39.806 2 times: (1)(d)

…person if the relocation occurs. (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation. …

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(e)

· cited by 1 in all courts

Termination affirmed on case plan noncompliance, but the abandonment finding struck because the mother regularly visited and brought gifts; order remanded for modification.

…CURIAM. C.B., mother of R.N., appeals the trial court’s order terminating her parental rights as to R.N. We affirm the order of termination based on section 39.806(l)(e), Florida Statutes (2016). See C.S. v. Dep’t of Child. & Fams., 178 So.3d 937, 940 (Fla. 4th DCA 2015) (recognizing that an appellate court will affirm…

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(e)

Termination affirmed on case plan noncompliance, but the abandonment finding struck because the mother regularly visited and brought gifts; order remanded for modification.

… C.B., mother of R.N., appeals the trial court’s order terminating her parental rights as to R.N. We affirm the order of termination based on section 39.806(1)(e), Florida Statutes (2015). See C.S. v. Dep’t of Child. & Fams., 178 So. 3d 937, 940 (Fla. 4th DCA 2015) (recognizing that an appellate court will affirm the…

Certiorari / writ granted This opinion cites § 39.806 2 times: (1)(f), and the section generally

· cited by 2 in all courts

Parents' certiorari petition denied; guardian ad litem's petition granted because siblings of an infant with unexplained fractured ribs should also have been sheltered.

…has yet to be abused. The case of Department of Children and Family Services v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012), superseded on other grounds by § 39.806(1)(f), Fla. Stat. (2014), where we reviewed an order terminating parental rights to identical twins, is instructive. In K.D., one twin suffered fractures to the…

Affirmed This opinion cites § 39.806 2 times: (1)(b), and the section generally

· cited by 10 in all courts

Termination affirmed for abandonment because the incarcerated father sent only two letters in two years, and the court found his contrary testimony not credible.

…of Children & Families, 22 So. 3d 774, 775 (Fla. 4th DCA 2009). “[S]o long as the trial court’s ruling on one of the statutory grounds set forth in section 39.806, Florida Statutes, is supported by the evidence, the court’s decision is affirmable.” J.E. v. Dep’t of Children & Families, 126 So. 3d 424, 427-28 (Fla. 4th…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b), (1)(d)3.

Termination by consent reversed; the incarcerated father showed excusable neglect, waiting by the jail phone after being told he could appear by telephone.

…parent with a lengthy criminal history who had not provided for his children's care, well-being, or physical, mental, or emotional health. See § 39.806(1)(b), (d)(3), Fla. Stat. (2014). As to excusable neglect, a careful review of the record reveals that the trial court stated to the father at the advisory…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b), (1)(d)3.

Termination by consent reversed; the incarcerated father showed excusable neglect, waiting by the jail phone after being told he could appear by telephone.

…parent with a lengthy criminal history who had not provided for his children's care, well-being, or physical, mental, or emotional health. See § 39.806(1)(b), (d)(3), Fla. Stat. (2014). As to excusable neglect, a careful review of the record reveals that the trial court stated to the father at the advisory…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b), (1)(d)3.

Termination reversed: no clear evidence the jailed father willfully skipped trial, as he was told he could phone in; new trial ordered.

…of Children and Families filed an expedited petition for termination of parental rights. As to the father, the Department cited abandonment under section 39.806(1)(b), Florida Statutes (2014), specifically alleging that, while being able, he made no significant contribution to the children's care and maintenance, that he…

Affirmed This opinion cites § 39.806 2 times, the section generally

· cited by 8 in all courts

Termination affirmed: reunification was impossible after repeated case plan failures, so relative placement did not defeat least restrictive means; conflict certified with the First District.

…parental rights requires that the trial court make the following findings: 1) One or more of the grounds for termination under section 39.806, Florida Statutes (2014), has been established by clear and convincing evidence; 2) Termination is in the manifest best interest of the child …

Affirmed This opinion cites § 39.806 2 times: (1)(e)1., (1)(e)2.

Termination affirmed on case plan noncompliance; the order was imprecise and cited the wrong subparagraph, but the record supported the ground, so error was harmless.

…with the trial court’s detailed consideration of J.C.’s conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806(1)(e)2. of the Florida Statutes, and (ii) clear and convincing evidence in the record establishes that J.C. would be unlikely or unable to comply substantially with…

Affirmed This opinion cites § 39.806 2 times: (1)(e), (1)(e)2.

Termination affirmed on case plan noncompliance; the order was imprecise and cited the wrong subparagraph, but the record supported the ground, so error was harmless.

…with the trial court’s detailed consideration of J.C.’s conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806(l)(e)2. of the Florida Statutes, and (ii) clear and convincing evidence in the record establishes that J.C. would be unlikely or unable to comply substantially with…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b)

· cited by 4 in all courts

Termination reversed: a prospective parent cannot abandon a child before paternity is established, his later visits showed regular contact, and least restrictive means was unproven.

…the evidence was clear and convincing that A.S. abandoned J.A. as defined in section 39.01(1), Florida Statutes (2014), and within the meaning of section 39.806(1)(b), Florida Statutes (2014).3 The trial court further concluded that termination was the least restrictive means available, as reunification with A.S. would, in…

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(e)1.

Termination affirmed; failing to appoint a guardian ad litem was not fundamental error since the unobjected-to attorney ad litem actively represented the child's best interests.

…DCF then filed a petition to terminate the Mother’s parental rights based on the Mother’s abuse, neglect, and abandonment of the Child pursuant to sections 39.806(1)(b) and 39.806(1)(e)(1) of the Florida Statutes (2012). During the termination of parental rights proceedings, the trial court appointed Melissa Arrojas…

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(e)

Termination affirmed in a short opinion citing authority that rights may be terminated for abandonment even without a finding of dependency as to that parent.

…of Children & Families, 814 So.2d 1244, 1244 (Fla. 5th DCA 2002) (finding “the trial court could not terminate the father’s parental rights under section 39.806(l)(e), Florida Statutes, because the children were not adjudicated dependent ‘as to him,’ ” but “nonetheless affirm [ing] the trial court’s order of termination…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b), (1)(c)

Termination reversed on DCF's confession: the written abandonment finding contradicted the oral ruling, and the continuing-involvement ground the court relied on was never pleaded.

…only abandonment. We therefore reverse the final judgment and remand this cause for further proceedings consistent with this opinion. 3 . See § 39.806(l)(b), Fla. Stat. (2013). . See § 39.806(l)(c), Fla. Stat. (2013). . We note that Father, in his initial brief, and the Department, in its confession,…

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(e)

· cited by 3 in all courts

Termination affirmed on the case-plan ground, but the abandonment finding was reversed because the father visited regularly and provided support; remanded to modify the order.

…CURIAM. J.L. Sr., Father of J.L., Jr., appeals the order terminating his parental rights as to J.L., Jr. We affirm the order of termination based on section 39.806(l)(e), Florida Statutes. However, because there is undisputed testimony that Father regularly visited with the child and rarely missed a scheduled visit, that…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)

Termination affirmed because the mother did not comply with her case plan and could not reliably administer her HIV-positive daughter's medications.

…for services. The record thus supported the trial court’s conclusions that the Department proved statutory grounds for termination under both section 39.806(l)(e) and 39.806(l)(c), Florida Statutes (2011), that termination was in the manifest best interest of the child, and that termination was the least restrictive…

Affirmed This opinion cites § 39.806 2 times: (1)

Termination affirmed; the mother's nonappearance at the advisory hearing was consent, which implied least restrictive means, and findings and evidence supported it anyway.

…is no basis for the parent to complain that the trial court did not consider evidence establishing the existence of a ground for termination under section 39.806(1). The constructive consent provision of section 39.801(3)(d) can only be reasonably understood as providing a basis for termination which precludes a…

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(c)

· cited by 1 in all courts

Termination affirmed; findings met Padgett and evidence supported threat-to-child and abandonment grounds, with one judge dissenting on abandonment.

…grounds that: (1) the mother’s continued involvement threatened the well-being of the child, irrespective of the provision of services, pursuant to section 39.806(l)(c), Florida Statutes; and (2) the mother had abandoned A.N.B. within the statutory meaning because the mother did not provide financial support and did not have…

This opinion cites § 39.806 2 times: (1)(c), (1)(j)

PER CURIAM. Affirmed. §§ 39.806(l)(c), (j), Fla. Stat. (2011); Padgett v. Dept. of Health & Rehab. Servs., 577 So.2d 565, 571 (Fla.1991).

Affirmed This opinion cites § 39.806 2 times: (1)(b), (3)

· cited by 5 in all courts

Termination affirmed for abandonment after nearly four years without contact or support; no case plan was needed given the absence of any bond.

… In re Baby E.A.W., 658 So.2d 961, 967 (Fla.1995)). Abandonment is a sufficient ground for terminating parental rights. See § 39.806(l)(b), Fla. Stat. (2011). Section 39.01(1) defines abandonment as: “a situation in which the parent or legal custodian of a child ... while being able, makes no…

Affirmed This opinion cites § 39.806 2 times: (1)(e)

· cited by 15 in all courts

Termination affirmed for case plan noncompliance; judicial notice of dependency orders was proper since testimony independently proved noncompliance and risk.

SUAREZ, J. The Mother, C.G., seeks to reverse a final order terminating her parental rights pursuant to section 39.806(l)(e)l, Florida Statutes (2010). 1 Because there is competent substantial evidence in the record that the Mother failed to substantially comply with…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(e)1., and the section generally

· cited by 5 in all courts

Denial of termination of the father's rights reversed: the court never determined manifest best interest, and termination was the least restrictive means.

…appeal follows. There is a two-step statutory process to terminate parental rights. First, the trial court must find a ground for termination under section 39.806. See Rathburn v. Dep’t of Children & Families, 826 So.2d 521, 523 (Fla. 4th DCA 2002). Second, the court must consider under section 39.810 what is in…

Affirmed This opinion cites § 39.806 2 times: (1), and the section generally

· cited by 18 in all courts

Termination affirmed: after three years neither parent substantially completed the case plan, and drug use, poor judgment and continuing danger persisted.

…of parental rights involves a two-step process. First, the court must find by clear and convincing evidence that one of the grounds set forth in section 39.806, Florida Statutes, has been proven. Second, the court must determine what outcome is in the manifest best interest of the children. C.M. v. Dep’t of Children…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)

· cited by 4 in all courts

Termination of both parents affirmed; the mother abused the child after reunification, the father failed his case plan, and the niece's home was unsuitable.

…that termination was the least restrictive means to protect the child where a relative placement was available. We reject all claims. Section 39.806(l)(c), Florida Statutes, provides grounds for termination of parental rights: (c) When the parent or parents engaged in conduct toward the child or toward…

Affirmed This opinion cites § 39.806 2 times: (1)(b)

· cited by 4 in all courts

Termination affirmed; the mother stopped visiting her children for over a year and her communication efforts were marginal, supporting abandonment.

…of the children while they were in foster care. We affirm on all issues raised in this appeal, but write to address the abandonment issue. Section 39.806(l)(b), Florida Statutes (2006), authorizes termination of parental rights for abandonment. “Abandonment” is defined in section 39.01(1), Florida Statutes (2006).…

Affirmed This opinion cites § 39.806 2 times: (1)(d)

Termination affirmed because the father's expected incarceration until the child is about twelve is a substantial portion of her minority, and he never had contact.

…in the petition for termination included incarceration for a substantial portion of the period of time before child attains the age of eighteen. Under section 39.806(l)(d)l., Florida Statutes (2006), termination of a parent’s rights is authorized when “the period of time for which the parent is expected to be incarcerated will…

Affirmed This opinion cites § 39.806 2 times: (1)(b)

Termination affirmed because competent evidence showed the mother, who refused or skipped visits and gave no support, abandoned her two children.

…terminated visitations and entered a no contact order between R.S. and the children. The petition for termination was filed the next month. Section- 39.806(l)(b), Florida Statutes (2007), authorizes termination of parental rights through abandonment. Section 39.01(1), Florida Statutes (2007), defines abandonment as…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)

Termination affirmed on the continuing-threat ground and best interests, though the case-plan presumption was unavailable for one child.

…affirm the findings and conclusions that the Department of Children and Family Services established grounds for termination of parental rights under section 39.806(1)(c), Florida Statutes (2007), although we agree with appellant that the presumption in section 39.806(1)(e), Florida Statutes (2007), *1107 was unavailable to…

Affirmed This opinion cites § 39.806 2 times: (1)(f), (2)

· cited by 1 in all courts

Termination for egregious conduct affirmed based on a baby's severe unexplained injuries in the parents' exclusive care; no case plan was required.

…We affirm. In this case, the Department of Children and Family Services filed an expedited petition to terminate both parents' parental rights under section 39.806(1)(f), Florida Statutes (2007), for egregious conduct. The petition detailed the severe injuries the three-month old baby had suffered. At the termination hearing,…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(e)

· cited by 13 in all courts

Permanent guardianship reversed because the mother's case plan noncompliance was due to lack of financial resources; supervision reinstated with more time.

…the trial court's inquiry regarding the fitness of the parents to care for the child and whether reunification is possible. By comparison, pursuant to section 39.806(1)(e), Florida Statutes, a parent's failure to substantially comply with a case plan may serve as a ground for termination of parental rights, unless the failure to…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(e)

Termination for case plan noncompliance reversed because DCF gave no meaningful help with the plan; mother gets reasonable time to complete it.

…not present competent substantial evidence that it took meaningful steps to assist her in completing the tasks set out in her case plan. We agree. Section 39.806(1)(e)1, Florida Statutes, states that failure substantially to comply with one's case plan may not be treated as evidence of continuing abuse, neglect or…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(c), (1)(f)

· cited by 1 in all courts

Termination reversed on DCF's concession that no competent substantial evidence supported the continuing-involvement or egregious-conduct grounds.

…rights. The Department correctly concedes that there is no competent substantial evidence to support the termination of parental rights pursuant to sections 39.806(1)(c) and 39.806(1)(f), Florida Statutes (2007). See In re J.B., 923 So.2d 1201, 1206-07 (Fla. 2d DCA 2006); C.B. v. Dep't of Children & Families, 874…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(c), (1)(i)

· cited by 1 in all courts

Termination reversed because DCF failed to prove the mother's continued involvement would harm the children.

…Ad Litem Office, Orlando. PER CURIAM. Appellant M.D. seeks review of an order terminating her parental rights to C.D. and B.D. pursuant to section 39.806(1)(c) and (i), Florida Statutes (2006). Appellant argues the Department of Children and Families failed to prove her continued involvement would harm the children.…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)

· cited by 10 in all courts

Termination affirmed for a mother unable to care for special-needs children; sufficiency is preserved without a motion for dismissal (conflict certified).

…involvement in the parent-child relationship threatens the life, safety, or well-being of the children irrespective of the provision of services. [1] See § 39.806(1)(c), Fla. Stat. (2006). The evidence further supports the trial court's finding that the mother failed to substantially comply with the terms and conditions of…

This opinion cites § 39.806 2 times: (1)(c), (1)(e)

…an order terminating her parental rights. We affirm. Because the order terminating the mother’s parental rights to her minor son, R.E., pursuant to sections 39.806(l)(c) and (e), Florida Statutes (2006), was supported by competent and substantial evidence, we affirm. See W.N. v. Dep’t of Children & Family Servs., 919 So.2d…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(d)

Termination reversed because an incarcerated father who asserted his rights as soon as he learned of paternity did not abandon the child.

…v. Dep't of Children & Families, 953 So.2d 547, 550 (Fla. 1st DCA 2007). M.E. argues that he did not abandon the child within the meaning of section 39.806(1)(d), Florida Statutes (2006). Furthermore, he alleges that DCF, and, in turn, the trial court, erred by not considering long-term relative placement. On appeal,…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 1 in all courts

Termination affirmed without opinion; a concurrence notes the drug-screen findings were unsupported but other facts amply supported termination.

…Mother's case plan. Nevertheless, the facts otherwise before the trial court amply support the termination of the Mother's parental rights under sections 39.806(1)(c) and 39.806(1)(e), Florida Statutes (2004). Therefore, I concur in the court's affirmance. NOTES [1] Creatine is a nitrogenous organic acid found mainly…

Affirmed This opinion cites § 39.806 2 times: (1)(d), (1)(f)

· cited by 5 in all courts

Termination affirmed based on the father's sexual abuse of the child's half-sibling and a life sentence for sexual battery.

…old at the time of removal from his custody. An expedited petition to terminate the father's parental rights was filed on September 8, 2006, under section 39.806(1)(f), Florida Statutes (2006), which provides for termination when the parent has committed "egregious abuse" of a child or the child's sibling. Termination of…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(c), and the section generally

· cited by 12 in all courts

Termination reversed because the mother's alcohol relapse showed no harm to the child and the aunt was rejected without a home study.

…En Banc Denied June 6, 2007. LAGOA, Judge. Appellant, L.D., the mother, appeals from a final order terminating her parental rights pursuant to sections 39.806 and 39.810, Florida Statutes (2005). L.D. argues that no competent, substantial evidence supported the trial court's finding that she engaged in conduct…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(f), (1)(f)2.

Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.

…child on his head and hitting him on the face with her hand] and resulting injury to [the child]. Id. at 1278 . This statement is based on section 39.806(1)(f), which lists as a ground for termination the situation in which a parent "had the opportunity and capability to prevent and knowingly failed to prevent…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(f), (1)(f)2.

· cited by 6 in all courts

Dependency reversed for both parents: no proof the mother knew of risk from the stepfather's abuse, and no nexus showing prospective abuse of other children.

…child on his head and hitting him on the face with her hand] and resulting injury to [the child]. Id. at 1278 . This statement is based on section 39.806(l)(f), which lists as a ground for termination the situation in which a parent “had the opportunity and capability to prevent and knowingly failed to prevent…

Reversed This opinion cites § 39.806 2 times: (1)(e)1.Cited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 10 in all courts

Termination reversed: the father substantially complied with his case plan and was bonded with the children, so termination was not least restrictive or best.

…repairs on the custodian's home, and took the children shopping and to the movies. The trial court terminated the father's parental rights under section 39.806(1)(e), Florida Statutes (2003), for failure of the father to substantially comply with the case plan. On appeal, the father and the GAL contend that there was not…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(b), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

· cited by 2 in all courts

Dismissal of the termination petition reversed: the father abandoned the children for years, never completed his case plan, and relatives wished to adopt them.

…where they are thriving, and with a relative who wishes to adopt them. Abandonment is clearly grounds for termination of parental rights. See § 39.806(1)(b), Fla. Stat. (2005). It is undisputed that the father disappeared for many years without providing any financial support for the children or contacting the…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2005 statutes), now § 39.806(1)(e)1.

Termination of the mother's rights affirmed on the continuing-involvement and case-plan-noncompliance grounds as supported by competent, substantial evidence.

… Contrary to the arguments advanced by the appellant/mother, we find that the order terminating her parental rights to her minor child pursuant to section 39.806(l)(c), and (e), Florida Statutes (2005); was supported by competent and substantial evidence in the record before us. See F.A.F. v. Dep’t of Children and Family…

Reversed This opinion cites § 39.806 2 times: (1)(f), (1)(f)2.

· cited by 4 in all courts

Denial of termination reversed: finding that the mother could be rehabilitated was unsupported after she starved an infant to death and neglected four other children.

…and in April 2004, DCF filed a petition to terminate the parental rights of K.F., alleging that K.F. engaged in egregious conduct, as defined in Section 39.806(1)(f)(2), Florida Statutes, that threatened the life and well-being of her four children. The father, who has been incarcerated since October 2003 for unrelated…

Affirmed in part, reversed in part This opinion cites § 39.806 2 times: (1)(c), and the section generally

Termination affirmed because the mother could not meet the child's extraordinary needs, but post-termination contact provisions were remanded for specific findings.

…case manager, the guardian ad litem, and the mother, G.F., as well as arguments from counsel for the respective parties. Following the requirements of section 39.806, Florida Statutes (2004), the court determined that (1) there was no *61 suitable permanent custody arrangement with a relative; (2) despite her deep bond…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(e)1.Cited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 9 in all courts

Termination reversed because DCF offered no help after the mother's discharge from drug treatment, and best interests and least restrictive means were unproven.

…entered an order terminating the mother's parental rights on the sole ground that the mother failed to substantially comply with her case plan under section 39.806(1)(e). In its order, the court acknowledged that the mother was unable to comply with those portions of the case plan requiring her to provide support and housing…

Reversed This opinion cites § 39.806 2 times: (1)(e)1.Cited as § 39.806(1)(e) (2004 statutes), now § 39.806(1)(e)1.

· cited by 7 in all courts

Denial of termination reversed because the trial court's own findings contradicted its conclusions on case plan compliance and best interests; termination directed.

…had agreed to complete the various tasks of a case plan. Approximately nine months after the case plan adoption, the Department filed a petition under section 39.806(1)(e), Florida Statutes, [1] seeking to terminate the parental rights of both the mother and the two men *482 who had fathered the three children. The trial…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(e)1., and the section generallyCited as § 39.806(1)(e) (2003 statutes), now § 39.806(1)(e)1.

· cited by 8 in all courts

Order reversed because after DCF failed to prove best interests the court could not order a retrial; it had to follow section 39.811 remedies.

…of parental rights, pursuant to chapter 39. First, the trial court must find by clear and convincing evidence that one of the grounds set forth in section 39.806, Florida Statutes has been established. Second, the trial court shall consider the manifest best interests of the child by evaluation of all relevant factors,…

Reversed & remanded This opinion cites § 39.806 2 times, the section generally

Termination reversed because, with the father working toward reunification and the children staying dependent, severing the mother's rights was not the least restrictive means.

…and A.A. and remand for further proceedings. Reversed and remanded. NORTHCUTT and CANADY, JJ, concur. . The circuit court inadvertently cited section 39.806 as its basis for performing its manifest best interest analysis, but it is clear the court appropriately used the criteria found in section 39.810. A more…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(f)

· cited by 1 in all courts

Termination affirmed on the threat-to-children ground; the egregious conduct finding was struck because DCF never pleaded it in the petition.

…trial court’s termination order is affirmed in all aspects, except that portion finding clear and convincing evidence of egregious conduct pursuant to section 39.806(1)(f), Florida Statutes is stricken, in that such conduct was not alleged in the petition for termination. See R.C. v. Dep’t of Children & Families, 867 So.2d…

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(f)

· cited by 2 in all courts

Termination affirmed on the threat-to-children ground; the egregious conduct finding was struck because DCF never pleaded it in the petition.

…court's termination order is affirmed in all aspects, except that portion finding clear and convincing evidence of egregious conduct, pursuant to section 39.806(1)(f), Florida Statutes, which is stricken, in that such conduct was not alleged in the petition for termination. See R.C. v. Dep't of Children and Families, …

Affirmed This opinion cites § 39.806 2 times: (1)(c), (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 1 in all courts

Termination affirmed: case plan noncompliance as to one child and untreated, unamenable substance abuse threatening the other child; termination was least restrictive means.

…of parental rights as to D.C. because S.J. failed to comply with the case plan presented by the Department of Children and Family Services (DCF). § 39.806(1)(e), Fla. Stat. (2001). We affirm termination of parental rights as to M.C. based on section 39.806(1)(c), Florida Statutes (2001), which provides as follows: …

Affirmed This opinion cites § 39.806 2 times: (1)(e)1.Cited as § 39.806(1)(e) (2001 statutes), now § 39.806(1)(e)1.

· cited by 4 in all courts

Termination affirmed: case plan noncompliance as to one child and untreated, unamenable substance abuse threatening the other child; termination was least restrictive means.

…of parental rights as to D.C. because S.J. failed to comply with the case plan presented by the Department of Children and Family Services (DCF). § 39.806(l)(e), Fla. Stat. (2001). We affirm termination of parental rights as to M.C. based on section 39.806(l)(e), Florida Statutes (2001), which provides as follows: …

Reversed & remanded This opinion cites § 39.806 2 times: (1)(i)

· cited by 1 in all courts

Termination reversed because a prior termination entered after the mother failed to appear was consent, not involuntary; the court also upheld the sibling-termination statute's constitutionality.

…Servs., 854 So.2d 720 , 2003 WL 21973599 (Fla. 2d DCA Aug.20, 2003). The trial court here based the termination of C.D.'s parental rights on section 39.806(1)(i), Florida Statutes (2001), which allows termination "[w]hen the parental rights of the parent to a sibling have been terminated involuntarily." In C.C., this…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(i)

· cited by 1 in all courts

Termination reversed because a prior termination entered after the mother failed to appear was consent, not involuntary; the court also upheld the sibling-termination statute's constitutionality.

…Servs., 854 So.2d 720 , 2003 WL 21973599 (Fla. 2d DCA Aug.20, 2003). The trial court here based the termination of C.D.’s parental rights on section 39.806(l)(i), Florida Statutes (2001), which allows termination “[w]hen the parental rights of the parent to a sibling have been terminated involuntarily.” In C.C., this…

Reversed This opinion cites § 39.806 2 times: (1)(d)

· cited by 3 in all courts

Denial of termination reversed; the incarceration ground considers the parent's entire expected sentence, not just future time, and it is a substantial portion of minority.

…decision in W.W. v. Department of Children and Families, 811 So.2d 791, 792 (Fla. 4th DCA 2002), the trial court would have terminated based on section 39.806(l)(d)l, Florida Statutes which provides: The department ... may petition for the termination of parental rights under any of the following circumstances: * * *…

Affirmed This opinion cites § 39.806 2 times, the section generally

· 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.

…court. A petition for termination of parental rights (TPR) must contain facts supporting the allegation that at least one of the grounds listed in section 39.806, Florida Statutes (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…

Affirmed This opinion cites § 39.806 2 times: (1)(i)Also cites § 39.464(1), which couldn't be matched to today's text.

· cited by 8 in all courts

Denial of the mother's motion to withdraw her surrender affirmed; counsel's advice and a relative's visitation promise were not duress, and other claims were unpreserved.

…that these external pressures, coupled with the fact that she was pregnant, uneducated and emotional, all coalesced to destroy her free agency. Section 39.464(1), Florida Statutes (1997), authorizes termination of parental rights based on properly executed documents, and provides in subsection (1)(a)2. "the surrender…

Reversed & remanded This opinion cites § 39.806 2 times: (1), (1)(c)

· cited by 22 in all courts

Termination reversed because no evidence showed the relationship threatened the children and DCF never explored returning them to the grandmother, a less restrictive option.

…amended petition for termination of parental rights, the Department alleged grounds for termination pursuant to subsections (b), (c), (e), and (g) of section 39.806(1), Florida Statutes (2001). Although the multiple grounds were raised by the Department, the trial court found that the Department failed to prove the…

Reversed & remanded This opinion cites § 39.806 2 times: (1), and the section generally

Termination reversed because DCF failed to prove any statutory ground for termination by clear and convincing evidence.

…of Children and Family Services (“Department”) failed to establish by clear and convincing evidence any basis for termination as required by section 39.806, Florida Statute. See § 39.809(1), Fla. Stat. (2002). To support the termination of parental rights, the Department has the burden to show by clear and…

Reversed & remanded This opinion cites § 39.806 2 times: (1)(i)

· cited by 1 in all courts

Dismissal of DCF's termination petition reversed; the court must recognize the father's prior out-of-state involuntary terminations as a sibling-termination ground, and hold a new hearing.

…termination in this case. She relied on Department of Children and Families v. V.V ., 26 Fla. L. Weekly D2717 (Fla. 5th DCA Nov.16, 2001). Section 39.806(1)(i) provides that parental rights to one child may be terminated when parental rights to a sibling have been terminated involuntarily. This statute is facially…

Affirmed This opinion cites § 39.806 2 times: (1)(d), (1)(i)

Termination affirmed on incarceration and prior-sibling-termination grounds despite no dependency finding as to the father and no case plan.

…father or a case plan. We affirm. The record contains clear and convincing evidence to support the termination of parental rights in accordance with section 39.806(l)(d) and (i), Florida Statutes (1999). Affirmed. ALTENBERND and STRINGER, JJ, Concur.

Affirmed This opinion cites § 39.806 2 times: (1)(b), (1)(i)

· cited by 13 in all courts

Termination affirmed on the prior-sibling-termination ground, held constitutional with a least-restrictive-means finding; abandonment was not yet a statutory ground when the petition was filed.

…petition, "abandonment" was not a statutory ground for termination of parental rights. "Abandonment" as defined in section 39.01(1) was not added to section 39.806(1)(b) until July 2000. The other legal ground for termination is contained in section 39.806(1)(i): "when the parental rights of the parent to a sibling have been…

Reversed This opinion cites § 39.806 2 times: (1)(c)

Termination sought by grandparents reversed because the closed dependency case reserved jurisdiction only over custody and visitation; a new petition was required.

…erred by making findings of fact that were contrary to the evidence of record and were insufficient to justify termination of her parental rights. See § 39.806(l)(c), Fla. Slat. (Supp.1998). Although we need not address that issue in light of our ruling herein, some guidance may be helpful to avoid faulty termination…

This opinion cites § 39.806 2 times: (1)(c), (1)(f)

PER CURIAM. Affirmed. See § 39.806(l)(f), Fla. Stat. (1999); Perry v. State, 776 So.2d 1102 (Fla. 5th DCA 2001)(court may question witness in the interest of justice in quest for truth); J.M.…

Reversed & remanded This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.806(1)(h), which couldn't be matched to today's text.

· cited by 5 in all courts

Termination order vacated for lacking factual findings and citing an inapplicable subsection; unobjected-to use of the absent guardian ad litem's report was waived.

…Interest of C.K., 601 So.2d 1331 (Fla. 2d DCA 1992). We further agree with the mother that the instant termination order improperly cites to section 39.806(1)(h) of the Florida Statutes (1999) as a legal basis to support the court's ruling. Section 39.806(1)(h) was not set forth in any of DCF's pleadings, was not…

This opinion cites § 39.806 2 times, the section generally

…the plan. The court’s order was based on the alternative statutory basis alleged in the petition. Termination was found to be required under only section 39.806(c), Florida Stat. (Supp.1998): When the parent or parents engaged in conduct toward the child or toward other children that demonstrates that the continuing…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(1), which couldn't be matched to today's text.

· cited by 1 in all courts

…for adoption, the mother contends that her circumstances—being alone, unmarried, young, and homeless with one child to feed—constituted duress under section 39.464(1), Florida Statutes (1997). She argues that she contacted the agency less than 24 hours after she signed the papers and, at that point, the child had not yet…

This opinion cites § 39.806 2 times: (1)(c)Cited as § 39.464(1)(c) (1997 statutes), now § 39.806(1)(c)

· cited by 4 in all courts

…judge was obviously unaware of a special provision in the statutes which allows termination, without a prior case plan, under certain circumstances. Section 39.464(1)(c), Florida Statutes, expressly provides that termination is appropriate: When the parent or parents engaged in conduct toward the child or toward other…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(1)(c), 39.464(1)(e) under the 1995 statutes, too old to match to today's subsections.

…where the father permitted neglect and detrimental conditions thereby engaging in conduct that threatens the life or well being of the children. See § 39.464(l)(c), Fla. Stat. (1995). The record further reflects that Appellant failed to cooperate substantially with case plans during periods that he was not incarcerated…

This opinion cites § 39.806 2 times, the section generallyCited as § 39.464 (1993 statutes), now § 39.806

· cited by 20 in all courts

…parental rights and it must find, under the circumstances here, that the parent was offered a case plan and failed to substantially comply with it. §§ 39.464 and 39.467, Fla. Stat. (1993). While the court here concluded that termination of the Father's parental rights was in the manifest best interests of the…

This opinion cites § 39.806 2 times, the section generallyCited as § 39.464 (1995 statutes), now § 39.806

…omitted). (Italics in original.) Privette, 617 So.2d at 309 . The significant burden of proof created by the Privette court is set forth in section 39.464, Florida Statutes (1995), Florida's termination of parental rights statute. Section 39.464 requires clear and convincing proof that a parent has abused,…

This opinion cites § 39.806 2 times, the section generallyCited as § 39.464 (1995 statutes), now § 39.806

· cited by 51 in all courts

…omitted). (Italics in original.) Privette, 617 So.2d at 309 . The significant burden of proof created by the Privette court is set forth in section 39.464, Florida Statutes (1995), Florida’s termination of parental rights statute. Section 39.464 requires clear and convincing proof that a parent has abused,…

This opinion cites § 39.806 2 times, the section generallyCited as § 39.464 (1991 statutes), now § 39.806

· cited by 31 in all courts

…interest that may be affected by the adoption proceeding. Majority op. at 13-14. Parental rights can only be terminated under certain circumstances. See § 39.464, Fla.Stat. (1991) (grounds for termination of parental rights include voluntary relinquishment, abandonment, severe or continuing abuse or neglect, and…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(3), 39.464(5) under the 1991 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…its evaluation of the credibility and reliability of the witnesses. It concluded that grounds for termination had been established under both subsections 39.464(3) and 39.464(5), Florida Statutes (1991). The trial court, as trier of fact, was in a unique position in this case. It reached its decision after presiding over…

This opinion cites § 39.806 2 times, the section generallyCited as § 39.464 (1991 statutes), now § 39.806

· cited by 1 in all courts

…HRS’s petition for termination of parental rights. We have jurisdiction. Fla.RApp.P. 9.020(g)(3), 9.030(b)(1)(A). We affirm the entry of the order. Section 39.464, Florida Statutes (1991) provides the grounds for termination of parental rights. The grounds may include: voluntary relinquishment; abandonment; severe or…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(5) under the 1991 statutes, too old to match to today's subsections.

…the trial court applied the correct legal standard. This court is not permitted to reweigh the evidence. The second point on appeal contends that subsection 39.464(5), Florida Statutes (1991) is unconstitutionally vague. This point was not raised below. See Sanford v. Rubin, 237 So.2d 134, 137 (Fla.1970)…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(1) under the 1991 statutes, too old to match to today's subsections.

· cited by 5 in all courts

…to withdraw plea). Her letters were not sufficient to raise an issue of fraud or duress, which might justify an additional evidentiary hearing. See § 39.464(1), Fla. Stat. (1991) (consent for voluntary relinquishment can be withdrawn only if obtained by fraud or duress). Cf. § 63.082(5), Fla. Stat. (1991); In re…

This opinion cites § 39.806 2 times, a subsectionCited as § 39.464 (1992 statutes), now § 39.806Also cites § 39.464(4) under the 1992 statutes, too old to match to today's subsections.

· cited by 6 in all courts

…the child to perform oral sex on him. The trial court concluded that clear and convincing evidence supported a finding of egregious abuse pursuant to section 39.464(4), Florida Statutes, and adjudicated G.H. III to be dependent. The adjudication of dependency was not appealed. On April 21, 1992, HRS filed a petition to…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(3) under the 1990 statutes, too old to match to today's subsections.

· cited by 2 in all courts

…served the interest of the children. On June 5, 1991, less than two months later, the GAL filed a petition for termination of parental rights under section 39.464(3), Florida Statutes (1990). A hearing was held on the GAL’s petition on July 10, 1991. At that hearing the trial court entered summary judgment in favor of the…

This opinion cites § 39.806 2 times, a subsectionAlso cites § 39.464(3), 39.464(5) under the 1990 statutes, too old to match to today's subsections.

· cited by 4 in all courts

…to the court's assessment of a child's best interests. The trial court also concludes that the mother was guilty of continuing abuse or neglect under section 39.464(3), and of abuse, neglect or abandonment under section 39.464(5), but the court's order merely tracks the language of these subsections without setting out any…

Affirmed This opinion cites § 39.806 1 time: (1)(b)

Termination for abandonment affirmed because the incarcerated father did not challenge the finding he made almost no effort; one judge dissented.

…was about eighteen months old. Father’s incarceration alone provides the basis for the Department’s attempt to establish abandonment of A.S. under section 39.806(1)(b), Florida Statutes. Abandonment is defined as a situation where a parent, while being able, has made no contribution to the child’s care or has failed to…

Affirmed This opinion cites § 39.806 1 time: (1)(f)2.

Termination affirmed in a short opinion citing authority on egregious conduct, termination without a case plan as least restrictive means, and manifest best interests.

…and Laura J. Lee (Tallahassee), for appellee Guardian ad Litem. Before LOGUE, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See Fla. Stat. 39.806(1)(f)2. (“As used in this subsection, the term ‘egregious conduct’ means abuse, abandonment, neglect, or any other conduct that is deplorable, flagrant, or…

Affirmed This opinion cites § 39.806 1 time: (1)(e)

Termination for case plan noncompliance affirmed; the court's adoption of a party-prepared judgment did not require reversal.

…M.S. v. Dep’t of Children & Families, 765 So. 2d 152, 153 (Fla. 1st DCA 2000) (“It is undisputed that parental rights may be terminated pursuant to section 39.806(1)(e) if a parent fails to comply substantially with a case plan for a period of 12 months after a child is adjudicated dependent.”). ROBERTS, NORDBY, and NEFF,…

Affirmed This opinion cites § 39.806 1 time: (1)

Termination affirmed because ICWA's beyond-a-reasonable-doubt standard applies only to its own finding and does not displace Florida's clear and convincing standard.

…clear and convincing burden of proof that applies to the findings required under Florida law—1) at least one of the statutory grounds enumerated in section 39.806(1), Florida Statutes, has been met; 2) termination is in the child’s manifest best interests; and 3) termination is the least restrictive means of protecting…

Affirmed This opinion cites § 39.806 1 time: (1)(b)

Termination of the father's rights affirmed on abandonment grounds, citing authority that termination without a case plan is permitted when abandonment is proven.

…without a case plan where competent substantial evidence supported trial court’s finding of abandonment, explaining that “[s]ection 39.806(1)(b), Florida Statutes (2001), allows TPR based on abandonment, as defined in s. 39.01(1)”). 2

This opinion cites § 39.806 1 time: (1)(d)

…relocation occurs. (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at…

Affirmed This opinion cites § 39.806 1 time: (1)(f)

Termination affirmed; the ineffective assistance claim was not apparent on the face of the record and egregious conduct findings were supported.

…that “[w]e review the trial court's findings under the highly deferential competent substantial evidence standard of review” and noting that section 39.806(1)(f), Florida Statutes, “permits termination of parental rights to siblings, even if there is no nexus between the egregious conduct and the potential harm to…

Affirmed This opinion cites § 39.806 1 time: (2)

Termination affirmed as bound by circuit precedent; a concurring judge doubted the court conducted a real least restrictive means inquiry.

…that termination was the least restrictive means, based on E.A. v. Department of Children and Families, 332 So. 3d 493 (Fla. 4th DCA 2021), and section 39.806(2), Florida Statutes (2022). * * * Not final until disposition of timely filed motion for rehearing. …

Affirmed This opinion cites § 39.806 1 time, the section generally

Termination affirmed under the highly deferential standard because competent, substantial evidence supported at least one statutory ground.

…as the competent, substantial evidence supports the trial court’s ruling on one of the statutory grounds alleged as a basis for termination under section 39.806, Florida Statutes, a reviewing court will affirm that ruling). See also Lecorps v. Star Lakes Ass’n, Inc., 47 Fla. L. Weekly D1136 at *4 (Fla. 3d DCA May…

Affirmed This opinion cites § 39.806 1 time: (1)(c)

Termination of both parents' rights affirmed on the ground that continued involvement threatens the child irrespective of services.

…FERNANDEZ, C.J., and LOGUE, and MILLER, JJ. PER CURIAM. We affirm the final judgment terminating appellants’ parental rights under section 39.806(1)(c), Florida Statutes (2021). See Guardian ad Litem Program v. K.H., 276 So. 3d 897, 902 (Fla. 3d DCA 2019); J.P. v. Fla. Dep’t of Child. & Fams., 183 So. 3d…

Affirmed This opinion cites § 39.806 1 time: (1)(f)

Termination affirmed without discussion; the court certified the question whether the no-nexus sibling provision of the egregious conduct ground is unconstitutional.

…4th DCA 2021), we also certify the following question of great public importance to the supreme court: Does the 2014 amendment to section 39.806(1)(f), Florida Statutes, which provides that no proof of nexus between egregious conduct toward one child is required to terminate the parental…

Affirmed This opinion cites § 39.806 1 time: (1)(f)

Termination affirmed without discussion; the court certified the question whether the no-nexus sibling provision of the egregious conduct ground is unconstitutional.

…3d 1153 (Fla. 4th DCA 2021), we also certify the following question of great public importance to the supreme court: Does the 2014 amendment to section 39.806(1)(f), Florida Statutes, which provides that no proof of nexus between egregious conduct toward one child is required to terminate the parental…

Affirmed This opinion cites § 39.806 1 time: (1)(e)1.

Termination affirmed because competent evidence showed the father failed to substantially comply with the case plan; his due process argument was abandoned.

…that the Department of Children and Families established by clear and convincing evidence that statutory grounds for termination exist, specifically section 39.806(1)(e)(1), Florida Statutes (2021), failure to substantially comply with the case plan. See N.B. v. Fla. Dep’t of Child. & Fams., 183 So. 3d 1186, 1187 (Fla. 3d DCA…

Affirmed This opinion cites § 39.806 1 time: (1)(c)

Termination affirmed; two years of services, including specialized therapy for her borderline personality disorder, did not yield substantial compliance, and termination was least restrictive.

…court granted the petition. The trial court found that the Department had proved grounds for termination of G.C.’s parental rights under subsections 39.806(1)(c) (parent’s continuing involvement threatens the child, irrespective of services); (1)(e)(1) (continuing abuse or neglect based on failure to substantially…

Reversed & remanded This opinion cites § 39.806 1 time: (1)

Termination reversed, with the Department conceding error, because the order did not show the court considered the section 39.810 manifest best interest factors.

…a court can terminate a parent's rights to his or her child, it must find by clear and convincing evidence one or more of the grounds listed in section 39.806(1); it must evaluate and consider the factors listed in section 39.810 to find that termination is in the manifest best interests of the child; and it must…

Affirmed This opinion cites § 39.806 1 time: (1)(e)1.

Termination for case plan noncompliance was affirmed despite the mother's recent progress because competent substantial evidence supported the ground, best interests and least restrictive means.

… July 6, 2021 PER CURIAM. The mother of minor children E.C. and S.R. appeals the final judgment terminating her parental rights under section 39.806(1)(e)1., Florida Statutes (2020), for failing to substantially comply with her case plan. Despite her slow start, the testimony at trial showed that the mother has…

Affirmed This opinion cites § 39.806 1 time: (1)(e)1.

Termination affirmed; the rule 8.235(c) sworn motion to dismiss does not apply to termination petitions, and evidence showed case plan noncompliance.

…trial court’s finding that clear and convincing evidence proved that the father had failed to substantially comply with his case plan in violation of section 39.806(1)(e)1., Florida Statutes (2019). “‘Substantial compliance’ is [a] term of art defined by statute” such that the “‘circumstances which caused the creation of the case…

Affirmed This opinion cites § 39.806 1 time: (1)(e)3.

Termination affirmed because the child was in care 12 of 22 months and the father did not substantially comply with the case plan.

…J. Lee (Tallahassee) for appellee, Guardian ad Litem Program. Before EMAS, C.J., and MILLER and GORDO, JJ. PER CURIAM. Affirmed. See § 39.806(1)(e)3., Fla. Stat. (2019) (providing the following may serve as a basis for termination of parental rights: “When a child has been adjudicated dependent, a case…

Affirmed This opinion cites § 39.806 1 time: (3)

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

…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

Affirmed This opinion cites § 39.806 1 time: (1)(e)2.

Termination affirmed; the father's drug addiction and failure to work the first case plan properly informed whether he would comply with the second.

…rights was supported by the evidence, the trial court needed to determine whether W.D. was likely to substantially comply with the second case plan. § 39.806(1)(e)2., Fla. Stat. (2017). His past history was relevant to that determination. See In re J.B. , 923 So.2d 1201 , 1207 (Fla. 2d DCA 2006) ("[A] parent's past…

Affirmed This opinion cites § 39.806 1 time: (1)(e)2.

Termination affirmed; the father, a long-term addict, largely ignored two case plans, and his past noncompliance was relevant to likely future compliance.

…rights was supported by the evidence, the trial court needed to determine whether W.D. was likely to substantially comply with the second case plan. § 39.806(1)(e)2., Fla. Stat. (2017). His past history was relevant to that determination. See In re J.B., 923 So. 2d 1201, 1207 (Fla. 2d DCA 2006) (“[A] parent’s past…

This opinion cites § 39.806 1 time: (1)(d)

· cited by 5 in all courts

…or other person if the relocation occurs. (j) A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation. (k) Any other…

Reversed & remanded This opinion cites § 39.806 1 time: (1)(b)

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.

…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…

Reversed & remanded This opinion cites § 39.806 1 time: (1)(e)

Termination reversed as to the father on DCF's concession, and as to the mother because her case plan ground cannot support single-parent termination.

…(footnote omitted; emphasis added). Here, the order terminating the Mother’s parental rights reflects that the termination was primarily based on section 39.806(l)(e), Florida Statutes, due to the failure to complete her case plan. The Department did not put on evidence to establish any other grounds for termination under…

This opinion cites § 39.806 1 time: (1)(c)

PER CURIAM. Affirmed. § 39.806(l)(c), Fla. Stat. (2016); S.M. v. Fla. Dep’t of Children & Families, 202 So.3d 769 (Fla. 2016); C.G. v. Dep’t of Children & Families, 67 So.3d 1141, 1143 …

Reversed & remanded This opinion cites § 39.806 1 time: (1)(e)

Termination reversed on DCF's concession that the evidence did not legally support a finding that the mother failed to substantially comply with her case plan.

…to require random drug tests and substance abuse counseling. In its final order, the trial court terminated J.S.’s parental rights pursuant to section 39.806(l)(e)l., Florida Statutes *1147 (2016), finding that J.S. failed to substantially comply with the modified case plan. We have reviewed the trial transcript and…

Reversed & remanded This opinion cites § 39.806 1 time: (1)(e)1.

Termination reversed on DCF's concession that the evidence did not legally support a finding that the mother failed to substantially comply with her case plan.

…require random drug tests and substance abuse counseling. In its final order, the trial court terminated J.S.’s parental rights pursuant to section 39.806(1)(e)1., Florida Statutes (2016), finding that J.S. failed to substantially comply with the modified case plan. We have reviewed the trial transcript and accept the…

Reversed & remanded This opinion cites § 39.806 1 time: (1)(f)

· cited by 1 in all courts

Denial of dependency for two siblings reversed because the infant's unexplained rib fractures created a substantial risk of harm to identically situated siblings.

…be abused." N.H., 192 So. 3d at 595; see also Dep't of Children & Family Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012), superseded on other grounds by § 39.806(1)(f), Fla. Stat. (2014); H.B. v. Dep't of Children & Family -4- Servs., 971 So. 2d 187 (Fla. 2d DCA 2007). In…

Affirmed This opinion cites § 39.806 1 time: (1)(f)

Termination affirmed on egregious conduct: an infant was found buried in the yard, the mother concealed his disappearance, and no sibling nexus is required.

…of the child or the child’s sibling. Proof of a nexus between egregious conduct to a child and the potential harm to the child’s sibling is not required. § 39.806(l)(f), Fla. Stah In this case, an infant child of the parents was found buried in the parents’ backyard. The medical examiner testified that the child was a…

Reversed & remanded This opinion cites § 39.806 1 time, the section generally

· cited by 6 in all courts

Court erred in refusing termination because limited supervised or telephone contact was possible; such contact does not defeat least restrictive means when reunification is unattainable.

…of Children and Families must prove three things before parental rights may be terminated: the existence of a statutory ground for termination under section 39.806, Florida Statutes; that termination is in the child’s manifest best interests under section 39.810, Florida Statutes; and the termination of parental rights…

Reversed & remanded This opinion cites § 39.806 1 time: (1)(e)

Termination reversed: DCF conceded no abandonment, and the father substantially completed his only case plan task, a batterers program, so noncompliance was not proven.

…has not established A.D.’s ability to comply with those tasks, nor documented any services offered to assist A.D. in accomplishing those tasks. See § 39.806(l)(e), Fla. Stat. (2015) (allowing for termination of parental rights based on failure to comply with the case plan "unless the failure to substantially comply with…

Affirmed This opinion cites § 39.806 1 time: (1)(b)

Termination affirmed on abandonment: the father could not care for or support the child, who needed permanency with siblings in a pre-adoptive home.

…termination of parental rights was entered on February 2, 2015. Termination of R.T.’s parental rights was based on abandonment pursuant to section 39.806(1)(b), Fla. Stat. (2014), and the trial court’s finding that termination is the least restrictive means to protect the child and is in the best interests of the…

Reversed This opinion cites § 39.806 1 time: (1)(a)

· cited by 16 in all courts

Denial of termination reversed: available relative placement and possible parental contact do not defeat least restrictive means, so termination and adoption were directed.

…trial court noted and accepted Father’s voluntary surrender of parental rights. Father’s surrender of his parental rights is grounds for termination. See § 39.806(l)(a), Fla. Stat. (2014). Thus, there was no single parent termination of parental rights. For the reasons discussed above, we reverse the trial court’s refusal…

Affirmed This opinion cites § 39.806 1 time: (1)(a)2.

· cited by 3 in all courts

Termination after the mother's surrender affirmed; review of the denial of her motion to set aside the surrender dismissed because she never appealed that order.

…procedure, including “[fjraud (intrinsic or extrinsic), misrepresentation, or other misconduct of any other party.” Fla. R. Juv. P. 8.270(b)(4); see also § 39.806(l)(a)2., Fla. Stat. (providing that a surrender of parental rights may only be set aside if the court finds that the surrender was “obtained by fraud or duress”). …

Certiorari / writ granted This opinion cites § 39.806 1 time, the section generally

· cited by 3 in all courts

Order compelling the mother to take a pregnancy test was quashed for lack of notice, lack of good cause, and failure to follow rule 8.250.

…for ordering R.C. to have a pregnancy test, the comments fail as a 2 Nor is a new pregnancy among the statutorily established grounds enumerated in section 39.806 of the Florida Statutes (2014) to support a termination of parental rights. 6 matter of law. There was a difference…

This opinion cites § 39.806 1 time: (1)(e)1.

PER CURIAM. We affirm the appeal and the cross-appeal. See § 39.806(l)(e)(l), Fla.' Stat. (2013). ALTENBERND, NORTHCUTT, and KELLY, JJ., Concur.

Affirmed This opinion cites § 39.806 1 time: (1)(d)

· cited by 1 in all courts

Judgment affirmed; lack of bond caused by the father's criminal conduct does not bar termination, but a prison sentence could support a new petition.

… See, e.g., F.L.C. v. G.C., 24 So.3d 669 (Fla. 5th DCA 2009); A.J., 951 So.2d at 30 . AFFIRMED. LAWSON and BERGER, JJ., concur. . See § 39.806(l)(d)l. & 2„ Fla. Stat. (2013).

Reversed & remanded This opinion cites § 39.806 1 time: (1)(c)

· cited by 4 in all courts

Termination reversed because DCF failed to show it was the least restrictive means, as the aunt's guardianship already protected the child.

…threatens the life, safety, well being [sic] or physical, mental or emotional health of the child.... ” The statutory authority for this ground is section 39.806(l)(c), Florida Statutes (2013). It is well-established that the Department has the burden to prove by clear and convincing evidence that termination of a parent’s…

Affirmed This opinion cites § 39.806 1 time: (1)(f)

Termination affirmed in a short opinion citing the competent-substantial-evidence standard and that egregious abuse of one sibling can support termination as to another.

…rights case for competent substantial evidence); T.P. v. Dep’t of Children & Family Servs., 935 So.2d 621, 625 (Fla. 3d DCA 2006) (“Under section 39.806(l)(f) [, Florida Statutes (2013) ], egregious abuse directed at one sibling is sufficient, without more, to support termination of parental rights to another…

This opinion cites § 39.806 1 time: (1)(d)

…trial judge’s determination that the appellant will be incarcerated for a period of time that constitutes a significant portion of E.B.’s minority. See § 39.806(l)(d)l, Fla. Stat. (2013). Affirmed.