Dependency Law Finder

1. Henriquez v. Adoption Centre, Inc. 641 So. 2d 84 · 5D93-173 · 5th DCA 1994

   This opinion cites § 39.809 39 times, a subsectionCited as § 39.467 (1991 statutes), now § 39.809Also cites § 39.467(2), 39.467(2)(a), 39.467(2)(g), 39.467(2)(h), 39.467(1), 39.467(7) under the 1991 statutes, too old to match to today's subsections.

   · cited by 3 in all courts

   …under the facts of the case, will directly conflict with the statutory guidelines set forth for determining the "manifest best interest of the child." Section 39.467(2), Florida Statutes (1991). After all, the child had lived with its mother and visited with its grandparents for all of its eight-month life except for the five…

2. In Interest of T.M. 641 So. 2d 410 · SC82291 · Florida Supreme Court 1994

   This opinion cites § 39.809 14 times, a subsectionCited as § 39.467 (1990 statutes), now § 39.809Also cites § 39.467(3)(d), 39.467(3)(e), 39.467(3) under the 1990 statutes, too old to match to today's subsections.

   · cited by 39 in all courts

   …permanent placement plan or performance agreement had been approved as to the February 1991 order noncompliance could not be proven as required under section 39.467(3)(d), Florida Statutes (Supp. 1990). The trial court denied both motions and entered an order terminating the father's parental rights. On appeal, the First…

3. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

   Other This opinion cites § 39.809 13 times: (4), and the section generallyCited as § 39.467(4) (1997 statutes), now § 39.809(4); § 39.467 (1997 statutes), now § 39.809

   · cited by 8 in all courts

   Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

   …J. We have for review a decision on the following question certified by the Fourth District Court of Appeal to be of great public importance: IS SECTION 39.467(4), NOW SECTION 39.809(4), FLORIDA STATUTES (SUPP.1998), REQUIRING A MANDATORY CLOSURE OF ALL HEARINGS IN TPR PROCEEDINGS VALID UNDER THE UNITED STATES AND…

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

   This opinion cites § 39.809 11 times, a subsectionCited as § 39.467 (1992 statutes), now § 39.809Also cites § 39.467(1), 39.467(2) under the 1992 statutes, too old to match to today's subsections.

   · cited by 64 in all courts

   …evidence. Padgett v. Department of Health & Rehabilitative Services, 577 So.2d 565 (Fla. 1991); Torres v. Van Eepoel, 98 So.2d 735 (Fla. 1957); § 39.467(1), Fla. Stat. (Supp. 1992). This court previously has recognized that section 39.461(1) expressly authorizes persons other than the state to initiate…

5. In Interest of R.J. 586 So. 2d 496 · 1D91-227 · 1st DCA 1991

   This opinion cites § 39.809 10 times, a subsectionCited as § 39.467 (1990 statutes), now § 39.809Also cites § 39.467(1), 39.467(2), 39.467(3), 39.467(2)(a), 39.467(3)(e), 39.467(7) under the 1990 statutes, too old to match to today's subsections.

   · cited by 8 in all courts

   …with section 39.462(1)(a)(2), Florida Statutes. In addition, we find the trial court's order to be insufficient for failure to comply with section 39.467, Florida Statutes (Supp. 1990). Section 39.467 sets out both the factors to be considered and evaluated by the court, and the required bases for the court's…

6. Dept. of Hlt. v. Zeigler 587 So. 2d 602 · 5D90-1351 · 5th DCA 1991

   This opinion cites § 39.809 7 times, a subsectionAlso cites § 39.467(2), 39.467(2)(c), 39.467(2)(c)1. under the 1989 statutes, too old to match to today's subsections.

   · cited by 1 in all courts

   …rights, the court must find that certain specified facts or "elements" have been proven at the termination proceeding by clear and convincing evidence. § 39.467(2), Fla. Stat. (1989). One of the "elements" is that the parent was informed of his or her right to counsel in the dependency proceeding. § 39.467(2)(c)1, Fla.…

7. Department of Health & Rehabilitative Services v. Zeigler 587 So. 2d 602 · DCA90-1351 · District Court of Appeal 1991

   This opinion cites § 39.809 7 times, a subsectionAlso cites § 39.467(2)(c)1., 39.467(2), 39.467(2)(c) under the 1989 statutes, too old to match to today's subsections.

   · cited by 3 in all courts

   …was filed and pursuant to section 39.465(1), Florida Statutes, 2 counsel was appointed to represent the mother in the termination proceeding. Section 39.467(2)(c)1., Florida Statutes, provides that at the adjudicatory hearing on a Petition for Termination of Parental Rights it must be proven by clear and convincing…

8. Department of Children & Family Services v. Natural Parents of J.B. 736 So. 2d 111 · 4D98-2255 · 4th DCA 1999

   This opinion cites § 39.809 6 times: (4), and the section generallyCited as § 39.467 (1987 statutes), now § 39.809; § 39.467(4) (1997 statutes), now § 39.809(4)

   · cited by 6 in all courts

   …dependency case and filed motions to terminate the parental rights of respondents. With the case thus amended to a TPR proceeding, the requirements of section 39.467 came into effect. [1] That statute provides in part that "[a]ll hearings involving termination of parental rights are confidential and closed to the public."…

9. Howard v. Department of Health & Rehabilitative Services 651 So. 2d 201 · DCA94-875 · District Court of Appeal 1995

   This opinion cites § 39.809 6 times, a subsectionAlso cites § 39.467(2), 39.467(3), 39.467(3)(a), 39.467(3)(e) under the 1993 statutes, too old to match to today's subsections.

   …between April 1993 and July 1993, that there was no substantial compliance with the performance agreement, 3 and that “[a]ll of the requirements of section 39.467(2) and (3) had been met.” Section 39.467(3) requires the state to prove with clear and convincing evidence a basis for termination of parental rights. See…

10. In Interest of D.F. 622 So. 2d 1102 · 1D92-3529 · 1st DCA 1993

    This opinion cites § 39.809 6 times, a subsectionCited as § 39.467 (1992 statutes), now § 39.809Also cites § 39.467(3), 39.467(3)(b)2., 39.467(3)(c)3. under the 1992 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …the dependency petition failed to state an allegation sufficient under Section 39.464(4) to support termination of parental rights pursuant to Section 39.467(3), Florida Statutes. [2] Accordingly, our prior opinion reversed those portions of the order finding the abuse to be "egregious" and providing that egregious…

11. Belflower v. Department of Health & Rehabilitative Services 578 So. 2d 827 · 5D90-56 · 5th DCA 1991

    This opinion cites § 39.809 6 times, a subsectionAlso cites § 39.467(2)(c)1., 39.467(2), 39.467(2)(c) under the 1989 statutes, too old to match to today's subsections.

    · cited by 12 in all courts

    …alia, that she was not advised of her right to counsel at the dependency hearing that served as a predicate to the termination hearing as required by section 39.467(2)(c)(1), Florida Statutes (1989). Although the termination order generally recites compliance with the Florida Rules of Juvenile Procedure, the appellate record…

12. In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990

    This opinion cites § 39.809 6 times, a subsectionCited as § 39.467 (1987 statutes), now § 39.809Also cites § 39.467(6), 39.467(2)(e) under the 1987 statutes, too old to match to today's subsections.

    · cited by 37 in all courts

    …abused, neglected, or abandoned his or her child. Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982).[ [7] ] Sections 39.464 and 39.467, Florida Statutes (1987).[ [8] ] Our review of the record on appeal reveals that the evidence is legally insufficient to terminate appellant's parental rights…

13. Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990

    This opinion cites § 39.809 6 times, a subsectionCited as § 39.467 (1987 statutes), now § 39.809Also cites § 39.467(6), 39.467(2)(e) under the 1987 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …abused, neglected, or abandoned his or her child. Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982). [7] Sections 39.464 and 39.467, Florida Statutes (1987). [8] Our review of the record on appeal reveals that the evidence is legally insufficient to terminate appellant’s parental rights…

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

    Reversed & remanded This opinion cites § 39.809 5 times: (1), (2), (3), (5), and the section generally

    · cited by 4 in all courts

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

    …at which the court is to determine "whether or not the facts support the allegations stated in the petition" for terminating parental rights. §§ 39.01(4), 39.809, Fla. Stat. (Supp.1998); Fla. R. Juv. P. 8.525. At the adjudicatory hearing, the court must consider the elements required for termination, each of which must…

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

    This opinion cites § 39.809 5 times, a subsectionCited as § 39.467 (1995 statutes), now § 39.809Also cites § 39.467(7), 39.467(5) under the 1992 statutes, too old to match to today's subsections.

    · cited by 7 in all courts

    …the issue of whether an order adjudicating termination of parental rights is a final, appealable order. In that case, the trial court, pursuant to section 39.467(7), Florida Statutes (Supp. 1992), entered an order which terminated the father's parental rights. The father filed a timely notice of appeal from this order.…

16. S.Q. v. Department of Health & Rehabilitative Services 687 So. 2d 319 · 1D94-4100 · 1st DCA 1997

    This opinion cites § 39.809 5 times, a subsectionCited as § 39.467 (1993 statutes), now § 39.809Also cites § 39.467(2)(a), 39.467(3)(e), 39.467(3) under the 1993 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    … 577 So.2d 565, 571 (Fla.1991). Parental rights cannot be permanently terminated absent clear and convincing evidence of abuse, abandonment, or neglect. § 39.467, Fla.Stat. (1993); In the Interest of R.W., 495 So.2d at 135. "[T]he permanent termination of a parent's rights in one child under circumstances involving…

17. In re C.M.P. 608 So. 2d 568 · 1D92-00935 · 1st DCA 1992

    This opinion cites § 39.809 5 times, a subsectionCited as § 39.467 (1991 statutes), now § 39.809Also cites § 39.467(2), 39.467(2)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …discussion. Appellant contends that the trial court erred in failing to make findings with regard to the best interest of the child as required by section 39.467(2), Florida Statutes. The court's order terminating parental rights states that it is "manifestly in the best interest of the child that parental rights be…

18. In Interest of J.A. 561 So. 2d 356 · 3D89-1739 · 3rd DCA 1990

    This opinion cites § 39.809 5 times, a subsectionCited as § 39.467 (1989 statutes), now § 39.809Also cites § 39.467(2)(c), 39.467(2)(e) under the 1989 statutes, too old to match to today's subsections.

    · cited by 12 in all courts

    …to terminate parental rights. The trial court concluded that it was in the best interest of the child to grant the motion, but concluded that paragraph 39.467(2)(c), Florida Statutes (1989), prevented termination of parental rights where the inability to comply with the performance agreement was because of chronic mental…

19. Petersen v. Department of Children & Families 732 So. 2d 374 · 5D98-2257 · 5th DCA 1999

    This opinion cites § 39.809 4 times: (1), (3), and the section generallyCited as § 39.467 (1997 statutes), now § 39.809; § 39.467(3) (1997 statutes), now § 39.809(3); § 39.467(1) (1997 statutes), now § 39.809(1)

    · cited by 2 in all courts

    …that she could have presented evidence in the present case to rebut the testimony. Finally, it contends that the testimony was admissible under section 39.467, Florida Statutes (1997) which provides: 39.467 Adjudicatory hearing.— * * * (3) The adjudicatory hearing must be conducted by the judge without a jury,…

20. Department of Health & Rehabilitative Services v. N.T. 670 So. 2d 1147 · DCA95-238 · District Court of Appeal 1996

    This opinion cites § 39.809 4 times, a subsectionAlso cites § 39.467(3), 39.467(3)(a) under the 1993 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …erroneous, however, to further conclude that such a flaw rendered the consolidated order unsuitable for making the termination findings required by section 39.467(3), Florida Statutes (1993). Section 39.467(3)(a)-(e) sets out five items which must be established by clear and convincing evidence before there can be an…

21. Department of Health & Rehabilitative Services v. Gaudette 648 So. 2d 1255 · 5D94-418 · 5th DCA 1995

    This opinion cites § 39.809 4 times, a subsectionCited as § 39.467 (1991 statutes), now § 39.809Also cites § 39.467(3)(d), 39.467(3)(e) under the 1991 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …of parental rights. The trial court also specifically found the parents substantially complied with the performance agreement entered into with HRS. See § 39.467(3)(d), (e), Fla.Stat. (1991); see also H.R.S. v. Zeigler, 587 So.2d 602 (Fla. 5th DCA 1991) (only if all the required elements of section 39.467 are present…

22. In Interest of F.A.C. 625 So. 2d 909 · 2D92-02235 · 2nd DCA 1993

    This opinion cites § 39.809 4 times, a subsectionCited as § 39.467 (1983 statutes), now § 39.809Also cites § 39.467(3), 39.467(3)(b)2., 39.467(3)(e) under the 1983 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …alone should result in termination of rights. An analysis of the requirements to terminate parental rights must also look to the provisions of section 39.467. Section 39.467(3) requires a determination by the trial court that each of its five subsections are proven by clear and convincing evidence. Subsection…

23. Guardian ad Litem Program v. Department of Children & Families 2D17-1807 · 2nd DCA 2018

    Reversed & remanded This opinion cites § 39.809 3 times: (1), (3), 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.

    …of X.W.'s relationship with his maternal grandmother, who is available to adopt X.W. The case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following. On the evening of September 22, 2013, S.B. ran away from home for one night. She was eleven years old at…

24. Guardian ad Litem Program v. C.W. 255 So. 3d 882 · 2D17-1807-2 · 2nd DCA 2018

    Reversed & remanded This opinion cites § 39.809 3 times: (1), (3), 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.

    …and the strength of X.W.'s relationship with his maternal grandmother, who is available to adopt X.W. The case proceeded to an adjudicatory hearing, see § 39.809, at which the evidence established the following. On the evening of September 22, 2013, S.B. ran away from home for one night. She was eleven years old at the…

25. G.O. v. Department of Children & Families 100 So. 3d 232 · 3D12-1554 · 3rd DCA 2012

    Reversed & remanded This opinion cites § 39.809 3 times: (3), and the section generally

    Termination reversed because a general magistrate improperly presided over the adjudicatory hearing, which must be conducted by a judge.

    …appeals. Rule 8.257(h), Florida Rules of Juvenile Procedure (2011), prohibits general magistrates from presiding over adjudicatory hearings under section 39.809, Florida Statutes (2011). Section 39.809(3) also states, in pertinent part, “[t]he adjudicatory hearing must be conducted by the judge without a jury-” Fla.…

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

    Affirmed This opinion cites § 39.809 3 times: (1), and the section generally

    · cited by 12 in all courts

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

    …consequences of the termination of parental rights, the quantum of proof required to support the trial court's ruling is "clear and convincing evidence." § 39.809(1), Fla. Stat. (2006). The Florida Supreme Court has characterized such evidence as follows: This intermediate level of proof entails both a qualitative and…

27. J.I. v. Department of Children & Families 922 So. 2d 405 · 4D05-3921 · 4th DCA 2006

    Affirmed This opinion cites § 39.809 3 times: (4)

    Termination affirmed: the Sunshine Law does not apply to DCF permanency staffings, and the father's case plan failure and residence with the mother supported termination.

    …However, all records and proceedings regarding dependency and termination proceedings are confidential and exempt from disclosure. See §§ 39.0132(4) and 39.809(4), Fla. Stat. The permanency staffing review is not a meeting of a board or commission within the meaning of the Sunshine Law. See Occidental Chem. Co. v.…

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

    Reversed & remanded This opinion cites § 39.809 3 times: (1)

    · 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.

    …shall consider the manifest best interests of the child" (emphasis added). The grounds for termination must be established by clear and convincing evidence. § 39.809(1), Fla. Stat. (2002); § 39.811(2), Fla. Stat. (2002). Therefore, in every termination case— whether based on the termination of rights in a sibling or…

29. T.C.B. v. Department of Children & Families 816 So. 2d 194 · 1D01-1402 · 1st DCA 2002

    Reversed & remanded This opinion cites § 39.809 3 times: (1), (3)

    · 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.

    …elements necessary for termination of parental rights were not established by clear and convincing evidence in an adjudicatory hearing, as required by section 39.809(1), Florida Statutes (2000). Appellee, the Department of Children and Families (Department), contends there is no evidence that Appellant moved to withdraw her…

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

    Reversed & remanded This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(1), 39.467(5), 39.467(2) under the 1995 statutes, too old to match to today's subsections.

    · cited by 63 in all courts

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

    …termination as set forth in s. 39.4611," and "[e]ach of these elements must be established by clear and convincing evidence before the petition is granted." § 39.467(1)-(2), Fla. Stat. (1995). At the conclusion of the adjudicatory hearing, the judge must enter a written order explaining the relevant findings of fact and…

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

    Reversed & remanded This opinion cites § 39.809 3 times: (1), (3), (5)Cited as § 39.467(1) (1997 statutes), now § 39.809(1); § 39.467(5) (1997 statutes), now § 39.809(5); § 39.467(3) (1997 statutes), now § 39.809(3)

    · cited by 5 in all courts

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

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

32. G.L.S. v. Department of Children & Families 724 So. 2d 1181 · SC91 · Florida Supreme Court 1998

    This opinion cites § 39.809 3 times, a subsectionCited as § 39.467 (1995 statutes), now § 39.809Also cites § 39.467(5), 39.467(3) under the 1995 statutes, too old to match to today's subsections.

    · cited by 9 in all courts

    …terminating parental rights. § 39.01(4), Fla. Stat. (1995). The circuit judge must "enter a written order with the findings of fact and conclusions of law." § 39.467(5), Fla. Stat. (1995). Further, however, the statutes mandate that once the court finds that sufficient evidence supports termination, it should enter still…

33. Lewis v. Dept. of Hlth. & Rehab. Services 670 So. 2d 1191 · 5D95-921 · 5th DCA 1996

    This opinion cites § 39.809 3 times, a subsectionCited as § 39.467 (1993 statutes), now § 39.809Also cites § 39.467(5)(b), 39.467(1) under the 1993 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …her parental rights. During the adjudicatory stage of a proceeding, a trial court is required to apply the "rules of evidence in use in civil cases." § 39.467(5)(b), Fla.Stat. (1993); see also In Interest of S.J.T., 475 So.2d 951, 953 (Fla. 1st DCA 1985). Therefore, findings of fact in an adjudicatory hearing must…

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

    This opinion cites § 39.809 3 times, a subsectionCited as § 39.467 (1994 statutes), now § 39.809Also cites § 39.467(5) under the 1994 statutes, too old to match to today's subsections.

    · cited by 13 in all courts

    …the adjudicatory hearing was not commenced until November, 1994. On October 1, 1994, amendments to Chapter 39 became effective and provide in relevant part: 39.467. Adjudicatory hearing (1) In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination as…

35. C.K. v. Department of Health & Rehabilitative Services 651 So. 2d 746 · DCA94-1730 · District Court of Appeal 1995

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(6), 39.467(3)(e), 39.467(1) under the 1993 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …would have reached the same decision absent consideration of certain findings unsupported by the record, we reverse and remand for reconsideration. Section 39.467(6), Florida Statutes (1993) requires the adjudicatory hearing to be conducted, “applying the rules of evidence in use in civil cases.” Several of the trial…

36. L.H. v. Department of Health & Rehabilitative Services 647 So. 2d 311 · 5D94-0792 · 5th DCA 1994

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(7), 39.467(1) under the 1993 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …conclusion that the mother had abandoned her children, we must remand the case without addressing the additional contentions raised by the mother. Sections 39.467(7) and 39.468(3) of the Florida Statutes mandate that the trial courts enter written orders containing findings of fact and conclusions of law in all termination…

37. K.P. v. Department of Health & Rehabilitative Services 617 So. 2d 819 · DCA92-03226 · District Court of Appeal 1993

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(2), 39.467(2)(a) under the 1991 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …merit in her argument that the trial court erred in failing to make findings with regard to the manifest best interests of the child as required by section 39.467(2), Florida Statutes (1991). Neither the court’s order nor the transcript indicate that the trial court considered or evaluated all of the factors delineated…

38. In Interest of D.P. 595 So. 2d 62 · 1D91-1750 · 1st DCA 1992

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(2), 39.467(2)(c) under the 1989 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    …opportunity, in compliance with the above statutes, to appear at the termination hearing. Reversal is required on the second issue as well. Under section 39.467(2), Florida Statutes (1989), the court must, in order to terminate parental rights, find that a number of elements have been established by clear and convincing…

39. In Interest of R. 591 So. 2d 1130 · 4D90-3177 · 4th DCA 1992

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(2)(e), 39.467(3)(e), 39.467(3) under the 1989 statutes, too old to match to today's subsections.

    · cited by 11 in all courts

    …from factors beyond her control; therefore her failure to comply with the terms of the performance agreements was "statutorily excusable" pursuant section 39.467(2)(e), Florida Statutes (1989). However, the section to which appellant refers was amended on July 3, 1990. See Ch. 90-306, § 19, Laws of Fla. Because the…

40. Deese v. Department of Health & Rehabilitative Services 590 So. 2d 984 · DCA91-912 · District Court of Appeal 1991

    This opinion cites § 39.809 3 times, a subsectionAlso cites § 39.467(1), 39.467(2)(i) under the 1990 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …before the trial court does not comport with the evidentiary standard for continuing abuse or neglect. We agree. Under established case law in section 39.467(1), Florida Statutes, allegations of physical and emotional abuse or neglect must be proved by clear and convincing evidence to sever parental rights. In…

41. In Interest of Baby Boy 544 So. 2d 1136 · 4D88-2702 · 4th DCA 1989

    This opinion cites § 39.809 3 times, a subsectionCited as § 39.467 (1987 statutes), now § 39.809Also cites § 39.467(2)(d)1. under the 1987 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …to meet the clear and convincing standard of proof necessary to establish the need for termination of the appellant's parental rights, under section 39.467, Florida Statutes (1987), on any of the bases relied on by the trial court. The appellant was never offered a performance agreement as is required by…

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

    Affirmed This opinion cites § 39.809 2 times: (1), and the section generally

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

    …orders. The first order was entered on September 24, 2020, following an adjudicatory hearing spanning six days and concluding August 10, 2020. See § 39.809, Fla. Stat. (2019). That first order tracked the court’s earlier oral pronouncement after the hearing which found two statutory grounds for termination of…

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

    Reversed & remanded This opinion cites § 39.809 2 times: (1), 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.

    … Before a trial court can terminate a parent’s rights to his child, there must be clear and convincing evidence of the “elements required for termination.” § 39.809, Fla. Stat. (2019). There are two statutory elements. See S.M. v. Dep’t of Child. & Fams., 202 So. 3d 769, 776–77 (Fla. 2016) (identifying two statutory…

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

    Reversed & remanded This opinion cites § 39.809 2 times, 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.

    …or other pleading required to be filed by the parent. § 39.805, Fla. Stat.; Fla. R. Juv. P. 8.520(a). The final hearing is called an “adjudicatory hearing.” § 39.809, Fla. Stat.; Fla. R. Juv. P. 8.525. All parties are entitled to be present at all termination hearings. Fla. R. Juv. P. 8.525(d). Chapter…

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

    Affirmed This opinion cites § 39.809 2 times: (1), (5)

    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.

    …will “consider the elements required for termination,” each of which “must be established by clear and convincing evidence before the petition is granted.” § 39.809(1), Fla. Stat. (2018); see also Fla. R. Juv. P. 8.525(a). Those required elements are as follows: 1) sufficient proof “of at least one of the grounds for…

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

    Affirmed This opinion cites § 39.809 2 times: (1), (5)

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

    …will “consider the elements required for termination,” each of which “must be established by clear and convincing evidence before the petition is granted.” § 39.809(1), Fla. Stat. (2018); see also Fla. R. Juv. P. 8.525(a). Those required elements are as follows: 1) sufficient proof “of at least one of the grounds for…

47. W.L. v. Department of Children & Families 172 So. 3d 562 · 4D15-362 · 4th DCA 2015

    Reversed & remanded This opinion cites § 39.809 2 times: (5)

    · 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.

    …the allegations set forth in the Petition for Termination of Parental Rights[.] With respect to orders terminating parental rights, section 39.809(5), Florida Statutes (2013), requires trial courts to enter written orders which contain findings of fact and conclusions of law. See also Fla. R. Juv. P.…

48. J.B. v. Department of Children & Families 170 So. 3d 780 · SC14-1990 · Florida Supreme Court 2015

    Other This opinion cites § 39.809 2 times, the section generally

    · cited by 26 in all courts

    Supreme Court held the right to counsel in termination cases includes effective assistance, set a test and interim procedure, and approved denying this mother relief.

    …39.507 (dependency adjudicatory hearing); 39.521 (disposition); 39.621 (permanency); 39.701(judicial review); 39.808 (advisory and pretrial); 39.809 (termination adjudicatory), Fla. Stat. (2014). The amicus curiae brief filed by the GAL elaborates on the oversight role of the trial courts in…

49. N.S. v. Department of Children & Families 36 So. 3d 776 · 3D09-2019 · 3rd DCA 2010

    Affirmed This opinion cites § 39.809 2 times: (1)

    · 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.

    …that the Department must prove this element, as with all other elements of a termination case, by *783 clear and convincing evidence. See § 39.809(1), Fla. Stat. (2009); N.L. v. Dep't of Children & Family Servs., 843 So.2d 996, 999 (Fla. 1st DCA 2003). A cursory review of the record reveals the…

50. F.B. v. Department of Children & Family Services 4 So. 3d 684 · 2D08-3029 · 2nd DCA 2009

    Reversed & remanded This opinion cites § 39.809 2 times: (1), (5)

    · cited by 2 in all courts

    Termination reversed: the order only conclusorily found best interests, and admissible evidence did not prove the incarcerated father abandoned a child he never knew.

    …(reversing when final judgment terminating parental rights failed to address statutory factors concerning manifest best interests of child); see also § 39.809(5), Fla. Stat. (2007) (requiring judge to enter written order with findings of fact and conclusions of law). For this reason alone, we would reverse. But we…

51. J.B.P. v. Department of Children & Families 868 So. 2d 1289 · 4D03-83 · 4th DCA 2004

    Affirmed This opinion cites § 39.809 2 times: (5)

    · cited by 3 in all courts

    Termination affirmed despite an order with a single omnibus finding because the record allowed review, though specific findings are usually essential.

    …best interests, the termination order fails to set forth any specific findings. The final order of termination is therefore not in compliance with section 39.809(5), Florida Statutes (2002), which provides that “[t]he judge shall enter a written order with the findings of fact and conclusions of law.” As such, this court…

52. K.C. v. Department of Children & Families 800 So. 2d 676 · 5D01-712 · 5th DCA 2001

    Reversed This opinion cites § 39.809 2 times: (3)Cited as § 39.467(3) (1997 statutes), now § 39.809(3)

    · cited by 1 in all courts

    Dependency reversed: the court relied on its memory of a half-sibling's separate case, and DCF showed no nexus to imminent harm to this child.

    …and was mentally retarded. Upon review, this court reversed the adjudication order, concluding that the medical testimony was not admissible under section 39.467(3) of the Florida Statutes (1997) [3] since that statute only allows the admission of incourt testimony previously given at a properly noticed hearing in the…

53. P.J. v. Department of Children & Families 783 So. 2d 1148 · 5D99-3481 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.809 2 times: (5)

    · 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.

    …referencing an incorrect sub-section of the applicable statute. Accordingly, we vacate the order and remand this matter for entry of a proper order. Section 39.809(5) of the Florida Statutes (1999) requires trial courts to enter written termination orders which set forth findings of facts and conclusions of law. See §…

54. J.R. v. Department of Children & Families 773 So. 2d 661 · 5D00-1789 · 5th DCA 2000

    Reversed & remanded This opinion cites § 39.809 2 times: (5)

    · 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.

    PER CURIAM. Section 39.809(5), Florida Statutes (1999) requires a trial court to enter a written order with findings of fact and conclusions of law when terminating parental rights. In…

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

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(1), 39.467(7) under the 1991 statutes, too old to match to today's subsections.

    · cited by 6 in all courts

    …§ 39.466, Fla.Stat. (1991). The need for termination of parental rights must be established by clear and convincing evidence at an adjudicatory hearing. § 39.467(1), Fla.Stat. (1991). The judge must enter a written order explaining the relevant findings of fact and conclusions of law. § 39.467(7), Fla. Stat. (1991). Any…

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

    This opinion cites § 39.809 2 times, a subsectionCited as § 39.467 (1995 statutes), now § 39.809Also cites § 39.467(1) under the 1995 statutes, too old to match to today's subsections.

    · cited by 5 in all courts

    … The father correctly points out that in a termination proceeding, the statutory elements must be proven by clear and convincing evidence. See id. § 39.467(1). In order to prove the first of the statutory elements— that the children had previously been adjudicated dependent—the Department simply introduced the…

57. D.B. v. Department of Children & Families 742 So. 2d 275 · 1D97-2626 · 1st DCA 1998

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(3) under the 1995 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …this court's prior statement in Department of Health and Rehabilitative Services v. N.T., 670 So.2d 1147 (Fla. 1st DCA 1996), that nothing in section 39.467(3), Florida Statutes (1995), precludes termination of parental rights where the dependency order fails to set forth a factual basis for the dependency, *277 …

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

    This opinion cites § 39.809 2 times, the section generallyCited as § 39.467 (1995 statutes), now § 39.809

    · cited by 2 in all courts

    …April 17, 1995. In its order terminating parental rights, the trial court stated that HRS “has proved by clear and convincing evidence the elements of Section 39.467, Florida Statutes (1995).” Section 39.467 requires that each of the elements of section 39.4611 be established by clear and convincing evidence. In turn,…

59. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(1), 39.467(7) under the 1991 statutes, too old to match to today's subsections.

    · cited by 31 in all courts

    …§ 39.466, Fla.Stat. (1991). The need for termination of parental rights must be established by clear and convincing evidence at an adjudicatory hearing. § 39.467(1), Fla.Stat. (1991). The judge must enter a written order explaining the relevant findings of fact and conclusions of law. § 39.467(7), Fla.Stat. (1991). Any…

60. Faver v. Department of Health & Rehabilitative Services 651 So. 2d 812 · 5D94-678 · 5th DCA 1995

    This opinion cites § 39.809 2 times, a subsectionCited as § 39.467 (1993 statutes), now § 39.809Also cites § 39.467(2)(a) under the 1993 statutes, too old to match to today's subsections.

    …a matter of law that no one could reasonably find such evidence to be clear and convincing”). Further, we find the trial court’s order complied with section 39.467, Florida Statutes (1993). After the trial court conducted a disposition hearing, it entered an order which listed the factors that supported its findings. The…

61. Hernandez v. Department of Health & Rehabilitative Services 641 So. 2d 473 · DCA93-1880 · District Court of Appeal 1994

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(3) under the 1993 statutes, too old to match to today's subsections.

    …1991). Affirmed. . Section 39.468 provides in its entirety: 39.468 Orders of adjudication.— (1) If the court finds that all of the elements of s. 39.467(3) have been met, the court shall enter a written order to that effect and shall thereafter have full authority under this chapter to provide for the child who…

62. In re A.L.O. 637 So. 2d 15 · 5D93-1966 · 5th DCA 1994

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2)(c), 39.467(3) under the 1989 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …in order to terminate parental rights, the court must find that ... the parent was informed of his or her right to counsel in the dependency proceeding. § 39.467(2)(c), Fla. Stat. (1989). [[Image here]] The original dependency adjudication in this case, although flawed by failure to advise Belflower of rights to counsel,…

63. In re M.S. 623 So. 2d 1239 · 2D92-01846 · 2nd DCA 1993

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2), 39.467(3) under the 1991 statutes, too old to match to today's subsections.

    …their parental rights to their three children. We affirm. The record supports that all of the prerequisites for termination contained in subsections 39.467(2) and (3), Florida Statutes (1991) were met. The guardian ad litem showed by clear and convincing evidence that the children had been adjudicated dependent, a…

64. In re A.R.S. 617 So. 2d 1148 · 2D91-00810 · 2nd DCA 1993

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2), 39.467(3) under the 1990 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …planning. In a termination of parental rights case, the court considers the grounds for termination and the manifest best interests of the child. Section 39.467(2), Florida Statutes (Supp. 1990) lists the factors which must be considered by the court in determining the manifest best interest of the child. Here, the trial…

65. In Interest of C.K. 601 So. 2d 1331 · 2D91-03524 · 2nd DCA 1992

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2)(a), 39.467(2) under the 1991 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …order terminating parental rights nor the transcript of the proceedings establishes that the court considered or evaluated the factors listed in section 39.467(2)(a)-(k), Florida Statutes (1991), in reaching its determination that the termination of parental rights is in the manifest best interests of the child. Thus, we…

66. V.K. v. Department of Health & Rehabilitative Services 601 So. 2d 1331 · DCA91-03524 · District Court of Appeal 1992

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2)(a), 39.467(2) under the 1991 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …order terminating parental rights nor the transcript of the proceedings establishes that the court considered or evaluated the factors listed in section 39.467(2)(a)-(k), Florida Statutes (1991), in reaching its determination that the termination of parental rights is in the manifest best interests of the child. Thus, we…

67. In re D.F. 602 So. 2d 970 · DCA91-3378 · District Court of Appeal 1992

    This opinion cites § 39.809 2 times, a subsectionCited as § 39.467 (1991 statutes), now § 39.809Also cites § 39.467(3) under the 1991 statutes, too old to match to today's subsections.

    · cited by 3 in all courts

    …trial court has, without prior notice to him, endeavored to relieve the department of its obligation to prove each of the *972 elements required by section 39.467, Florida Statutes, for a termination of parental rights. The court attempted to narrow the focus of the issues at the upcoming termination proceeding by…

68. In re B.T. 597 So. 2d 398 · 1D91-3016 · 1st DCA 1992

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(7), 39.467(2)(a) under the 1990 statutes, too old to match to today's subsections.

    · cited by 4 in all courts

    …Adjudication and in its Order of Disposition, we must remand the case without addressing the additional contentions raised by the appellant. Under section 39.467(7), Florida Statutes (Supp. 1990), a termination of parental rights must be accompanied by a written order with findings of fact and conclusions of law. See…

69. Myles v. Department of Health & Rehabilitative Services 590 So. 2d 1053 · 3D90-2147 · 3rd DCA 1991

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(3)(e), 39.467(1) under the 1990 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …in the instant case is clearly supported by the record. There was no failure by the department "to make reasonable efforts to reunite the family," § 39.467(3)(e), Fla. Stat. (Supp. 1990), and the evidence, without exception, confirms that the termination is in "the manifest best interests of the child[ren]." §…

70. Myles v. Department of Health & Rehabilitative Services 590 So. 2d 1053 · DCA90-2147 · District Court of Appeal 1991

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(3)(e), 39.467(1) under the 1990 statutes, too old to match to today's subsections.

    · cited by 8 in all courts

    …in the instant case is clearly supported by the record. There was no failure by the department “to make reasonable efforts to reunite the family,” § 39.467(3)(e), Fla.Stat. (Supp.1990), and the evidence, without exception, confirms that the termination is in “the manifest best interests of the childfren].” § 39.467(1),…

71. In Interest of J.A.T. 590 So. 2d 524 · 2D91-00246 · 2nd DCA 1991

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(1), 39.467(3) under the 1990 statutes, too old to match to today's subsections.

    · cited by 1 in all courts

    …removing the children from the custody of the appellant. The final order terminating the appellant's rights contained the required findings under section 39.467(1) and (3), Florida Statutes (Supp. 1990). With respect to the issue of neglect, however, the court merely stated that the failure of the mother to substantially…

72. Mora v. Department of Health & Rehabilitative Services 590 So. 2d 524 · DCA91-00246 · District Court of Appeal 1991

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(1), 39.467(3) under the 1990 statutes, too old to match to today's subsections.

    · cited by 2 in all courts

    …removing the children from the custody of the appellant. The final order terminating the appellant’s rights contained the required findings under section 39.467(1) and (3), Florida Statutes (Supp.1990). With respect to the issue of neglect, however, the court merely stated that the failure of the mother to substantially…

73. Padgett v. Department of Health & Rehabilitative Services 577 So. 2d 565 · SC74357 · Florida Supreme Court 1991

    This opinion cites § 39.809 2 times, a subsectionAlso cites § 39.467(2) under the 1987 statutes, too old to match to today's subsections.

    · cited by 265 in all courts

    … (Fla. 4th DCA 1982) (past history of alleged child abuse). [6] The statutory prerequisites for termination of parental rights are contained in section 39.467(2), Florida Statutes (1987), which provides that under ordinary circumstances before parental rights can be involuntarily terminated the state must show by clear…

74. In the Interest of D.J.S. v. Department of Health & Rehabilitative Services 563 So. 2d 652 · DCA88-141 · District Court of Appeal 1988

    This opinion cites § 39.809 2 times, a subsectionCited as § 39.467 (1987 statutes), now § 39.809Also cites § 39.467(2)(d)2. under the 1987 statutes, too old to match to today's subsections.

    …either abused, neglected, or abandoned his or her child. Santosky v. Kramer, 455 U.S. 745 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982). Sections 39.464 and 39.467, Florida Statutes (1987). Our review of the record on appeal reveals that the evidence is legally insufficient to terminate appellant’s parental rights by…

75. A.B. v. Department of Children & Families 3D2024-2320 · 3rd DCA 2026

    Affirmed This opinion cites § 39.809 1 time: (1)

    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.

    …evidence that at least one statutory ground in section 39.806(1), Florida Statutes (2023), exists. See § 39.806(1), Fla. Stat. (2023); § 39.809(1), Fla. Stat. (2023) (“In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. …

76. Statewide Guardian ad Litem Office v. C.C. & Department of Children and Families v. C.C. SC2023-0604 · Florida Supreme Court 2024

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    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.

    …and convincing evidence that at least one statutory ground in section 39.806(1), Florida Statutes (2021), exists. See § 39.806(1), Fla. Stat. (2021); § 39.809(1), Fla. Stat. (2021) (“In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of…

77. Department of Children & Families v. S.S.L. 5D22-1506 · 5th DCA 2022

    Reversed This opinion cites § 39.809 1 time: (1)

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

    …20 (Fla. 1957)). To prevail in its petition for termination of parental rights, DCF must prove three elements by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2021); E.K. v. Dep’t of Child. & Fams., 326 So. 3d 149, 151–52 (Fla. 1st DCA 2021). Two are statutory: (1) a ground for termination; and…

78. D.H. v. Department of Children & Families 2D21-1835 · 2nd DCA 2021

    Reversed & remanded This opinion cites § 39.809 1 time: (5)

    Termination reversed, with the Department conceding error, because the order did not show the court considered the section 39.810 manifest best interest factors.

    …& Fams., 202 So. 3d 769, 776–77 (Fla. 2016). A court must enter a written order with "findings of fact and conclusions of law" that evince these findings. § 39.809(5). The circuit court wrote in the order on appeal that it "is convinced that termination of parental rights is in the best interests of the children,"…

79. J.O. v. Department of Children & Families 4D20-2615 · 4th DCA 2021

    Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (5)

    Termination affirmed for case plan breach, but remanded because the judgment conflicted on whether abandonment was also found and lacked findings.

    …we remand for entry of an amended final judgment clearly indicating whether termination also is based on abandonment and making the required findings. See § 39.809(5), Fla. Stat. (2020) (requiring order on adjudicatory hearing for termination of parental rights petition to contain findings of fact and conclusions of law); §…

80. A.D. v. Department of Children & Families 273 So. 3d 1016 · 4D18-3753 · 4th DCA 2019

    Reversed & remanded This opinion cites § 39.809 1 time: (5)

    · 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.

    …the question whether DCFS has authority to terminate parental rights but also on the question whether it is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2000)][.]” C.C. v. Dep’t of Children & Family Servs., 812 So. 2d 520, 523 (Fla. 1st DCA 2002). Even where the grounds for termination are proven,…

81. R.D.S. v. Department of Children & Families 263 So. 3d 183 · 3D18-988 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (4)

    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.

    …treatment plan, in the court's adjudication of dependency, or in the denial of the petition for TPR. B. Hospital Counsel's Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this clear directive: "All hearings involving termination of parental rights are confidential and closed to the public." As…

82. R.D.S. v. Department of Children & Families 3D18-0939 · 3rd DCA 2018

    Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (4)

    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.

    …the court’s adjudication of dependency, or in the denial of the petition for TPR. B. Hospital Counsel’s Attendance at Trial Section 39.809(4), Florida Statutes (2018), includes this clear directive: “All hearings involving termination of parental rights are confidential and closed to the public.”…

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

    Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (5)

    · cited by 8 in all courts

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

    …DCF has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so. See § 39.809(5), Fla. Stat. (2009); In re L.H., 647 So. 2d 311, 311-12 (Fla. 5th DCA 1994); see also In re K.M., 788 So. 2d 306, 306 (Fla. 2d DCA …

84. A.M. v. Department of Children & Families 223 So. 3d 312 · 4D17-0699 · 4th DCA 2017

    Affirmed This opinion cites § 39.809 1 time, the section generally

    · cited by 13 in all courts

    Termination affirmed; due process did not require delaying trial until the mother, found incompetent in an unrelated criminal case, regained competence, and the continuance was properly denied.

    …from counsel and the state must prove the grounds for termination by clear and convincing evidence, thus diminishing the risk of error. See §§ 39.807, 39.809, Fla. Stat. (2015). Finally, we must consider the government’s interest. The government has two interests: “a parens patriae interest in preserving and…

85. S.D. v. Department of Children & Families 208 So. 3d 320 · 3D16-1306-2 · 3rd DCA 2017

    Affirmed This opinion cites § 39.809 1 time: (1)

    · cited by 2 in all courts

    Termination affirmed; father waived objection to adult daughter's Skype testimony about past sexual abuse, confrontation rights do not apply, oath defect cured.

    …the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption of Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995) (“To terminate a parent's right in a natural child, the…

86. S.D. v. Department of Children & Families 3D16-1306 · 3rd DCA 2016

    Affirmed This opinion cites § 39.809 1 time: (1)

    Termination affirmed; the father waived objection to his adult daughter's Skype testimony about past sexual abuse, which satisfied confrontation protections, and oath defect was cured.

    …the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted.” See § 39.809(1), Fla. Stat. (2016). See also In re Adoption of Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995) (“To terminate a parent's right in a natural child, the…

87. R.W.M. v. Department of Children & Families 2D14-5630 · 2nd DCA 2015

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    Termination reversed: no clear evidence the jailed father willfully skipped trial, as he was told he could phone in; new trial ordered.

    …parental rights by clear and convincing evidence . . . ." R.W.W. v. Dep't of Children & Families, 788 So. 2d 1020, 1023 (Fla. 2d DCA 2001). See also § 39.809(1), Fla. Stat. (2014). Furthermore, the trial court's factual findings cannot be sustained unless they are supported by substantial, competent evidence. See…

88. S.B. v. Department of Children & Families 132 So. 3d 1243 · 1D13-5337 · 1st DCA 2014

    Reversed This opinion cites § 39.809 1 time: (1)

    · 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.

    …the grounds for terminating S.B.’s parental *1246 rights it alleged in its petition for termination of parental rights by clear and convincing evidence. § 39.809(1), Fla. Stat. (2013). We review the circuit court’s decision to terminate parental rights for competent and substantial evidence which a reasonable finder of…

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

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    · 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.

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

90. S.V.B. v. Department of Children & Family Services 93 So. 3d 340 · 2D11-2564 · 2nd DCA 2012

    Affirmed This opinion cites § 39.809 1 time: (1)

    · 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.

    …of conduct.” § 39.806(1)(f)(2). It may include an act or omission that occurred only once but was so severe that it endangered the child’s life. Id. Section 39.809(1) requires DCF to prove each element necessary to terminate parental rights by clear and convincing evidence. R.P. v. Dep’t of Children & Family Servs., 975…

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

    Reversed & remanded This opinion cites § 39.809 1 time: (5)

    · 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.

    …on the question whether DCF has authority to terminate parental rights but also on the question whether it is in the child’s best interests to do so. See § 39.809(5), Fla. Stat. (2009); In re L.H., 647 So.2d 311, 311-12 (Fla. 5th DCA 1994); see also In re K.M., 788 So.2d 306 , 306 (Fla. 2d DCA 2001) (noting that…

92. A.T.N. v. Department of Children & Family Services 70 So. 3d 634 · 1D11-0543 · 1st DCA 2011

    Reversed & remanded This opinion cites § 39.809 1 time, the section generally

    · cited by 4 in all courts

    Dependency adjudication reversed because a general magistrate cannot preside over an adjudicatory hearing and DCF presented only hearsay, no evidence of a stipulation violation.

    …hearing under section 39.402, Florida Statutes, an adjudicatory hearing under section 39.507, Florida Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes.” See also In re Amendments to the Fla. Rules of Juvenile Procedure, 939 So.2d 74, 75-76 (Fla.2006) (noting, in adopting…

93. WS v. Department of Children & Families 31 So. 3d 329 · 4D09-4625 · 4th DCA 2010

    Affirmed This opinion cites § 39.809 1 time, the section generally

    · cited by 2 in all courts

    Termination affirmed: the child was properly excused from trial for his mental health, incarceration was not the sole basis, and there is no jury right.

    …convincing evidence. Finally, the father argues that he should have been entitled to a jury trial on the petition. While he acknowledges that section 39.809, Florida Statutes provides for an adjudicatory hearing without a jury, he argues that because TPR cases are tantamount to a “civil death penalty” in parental…

94. J.S. v. Department of Children & Families 18 So. 3d 1170 · 1D09-1046 · 1st DCA 2009

    Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (4)

    · 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.

    …Procedure 8.260(a) requires all orders issued in juvenile proceedings to contain specific findings of fact and conclusions of law. See also § 39.809(4), Fla. Stat. (2006) (requiring trial judges to enter “written order[s] with the findings and facts and conclusions of law” after hearings on petitions for…

95. Z.M. v. Department of Children & Family Services 981 So. 2d 1267 · 1D07-5916 · 1st DCA 2008

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    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.

    …the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted. § 39.809(1), Fla. Stat. (2006). See also N.L. v. Dep't of Children & Family Servs., 843 So.2d 996, 999 (Fla. 1st DCA 2003) ("We are obliged to affirm the…

96. Z.M. v. Department of Children & Family Services 981 So. 2d 1267 · 1D07-5916-2 · 1st DCA 2008

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    · 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.

    …the elements required for termination. Each of these elements must be established by clear and convincing evidence before the petition is granted. § 39.809(1), Fla. Stat. (2006). See also N.L. v. Dep’t of Children & Family Servs., 843 So.2d 996, 999 (Fla. 1st DCA 2003) (“We are obliged to affirm the…

97. T.S. v. Department of Children & Families 969 So. 2d 494 · 1D07-2161 · 1st DCA 2007

    Reversed & remanded This opinion cites § 39.809 1 time: (1)

    · cited by 8 in all courts

    Termination for abandonment reversed because the father's eight-month jail term left no evidence he was able to support or contact his infant.

    …a card or gift for the child's birthday. Analysis The statutory elements of abandonment must be established by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2006). The standard of review for a trial court's finding of clear and convincing evidence is highly deferential. See N.L. v. Dep't of…

98. To v. L.S. 954 So. 2d 737 · 1D06-3502 · 1st DCA 2007

    Reversed & remanded This opinion cites § 39.809 1 time: (5)

    · cited by 1 in all courts

    Termination reversed and remanded because neither the order nor the transcript addressed the statutory manifest best interests factors.

    …on the question whether DCFS has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so. See § 39.809(5), Fla. Stat. (2000); In re L.H., 647 So.2d 311, 311-12 (Fla. 5th DCA 1994); see also In re K.M., 788 So.2d 306, 306 (Fla. 2d DCA 2001) (noting…

99. R.P. v. Department of Children & Families 975 So. 2d 435 · 2D06-3161 · 2nd DCA 2007

    Reversed This opinion cites § 39.809 1 time: (1)

    · cited by 6 in all courts

    Termination for sexual abuse reversed because the five-year-old's testimony was admitted without a competency finding and the medical evidence was insufficient.

    …that the trial court committed reversible error, and we agree. Accordingly, we reverse and remand for reinstatement of R.P.'s parental rights. Section 39.809(1), Florida Statutes (2005), requires the Department of Children and Family Services to prove each element necessary for termination of parental rights by clear…

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

     Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (1)

     · 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.

     …considers the elements required for termination of parental rights; due process requires that each element be proved by clear and convincing evidence. See § 39.809(1), Fla. Stat. (2004); Santosky v. Kramer, 455 U.S. 745, 747-48 , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982); Adoption of Baby E.A.W., 658 So.2d 961 …

101. W.R. v. Department of Children & Families 928 So. 2d 414 · 1D05-1486 · 1st DCA 2006

     Reversed & remanded This opinion cites § 39.809 1 time: (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.

     …disability. This appeal followed. Each of the elements required for termination of parental rights must be established by clear and convincing evidence. § 39.809(1), Fla. Stat. (2004). A trial court's finding that evidence is clear and convincing is not to be overturned unless it may be said as a matter of law that no one…

102. Department of Children & Family Services v. D.R. 910 So. 2d 355 · 2D04-5698 · 2nd DCA 2005

     Reversed & remanded This opinion cites § 39.809 1 time: (5)

     Order denying termination vacated and remanded because its factual findings of noncompliance contradicted its conclusion that the mother completed her case plan.

     …her ease plan. The Court feels that [D.R.] is deserving of an opportunity to parent the child with whatever assistance is necessary and practicable. Section 39.809(5) requires the trial court to enter a written order containing findings of fact and conclusions of law. Although the trial court included factual findings in…

103. Department of Children & Families v. J.H. 907 So. 2d 1275 · 5D04-2665 · 5th DCA 2005

     Certiorari / writ granted This opinion cites § 39.809 1 time: (5)

     Order denying termination and returning the child to Alabama quashed for lacking findings, violating the Interstate Compact, and an inadequate record; new hearing ordered.

     …that the "evidence presented does not meet the clear and convincing standard necessary to grant" the petition, there are no conclusions of law. See § 39.809(5), Fla. Stat. (2004). Further, the dispositional provisions of the order appear internally inconsistent. See § 39.811(1), Fla. Stat. (2004). Finally, both…

104. C.C. v. Department of Children & Families 886 So. 2d 244 · 5D04-331 · 5th DCA 2004

     This opinion cites § 39.809 1 time: (1)

     · cited by 3 in all courts

     …for terminating parental rights, as well as clear and convincing evidence that termination of such rights is in the best interest of the children. See § 39.809(1), Fla. Stat. (2003). Such findings enjoy a presumption of correctness and will not be overturned unless clearly erroneous or lacking in evi-dentiary support. …

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

     Reversed This opinion cites § 39.809 1 time: (1)

     · 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.

     … will attain the age of 18 years." (Emphasis supplied.) This is the test that the trial court must apply in a hearing on a petition for termination. See § 39.809(1) ("In a hearing on a petition for termination of *1052 parental rights, the court shall consider the elements required for termination."). From the…

106. In re D.D. 879 So. 2d 10 · 2D03-1498 · 2nd DCA 2004

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

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

     …(In re L.B.W.), 863 So.2d 480 (Fla. 2d DCA 2004); T.M. v. Dep't of Children & Families (In re K.M.), 788 So.2d 306 (Fla. 2d DCA 2001); see also § 39.809(1) (requiring that each of the elements necessary for termination be established by clear and convincing evidence). Additionally, the court must determine that…

107. M.D. v. Department of Children & Family Services 879 So. 2d 10 · 2D03-1498-2 · 2nd DCA 2004

     Reversed & remanded This opinion cites § 39.809 1 time: (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.

     …(In re L.B.W.), 863 So.2d 480 (Fla. 2d DCA 2004); T.M. v. Dep’t of Children & Families (In re K.M.), 788 So.2d 306 (Fla. 2d DCA 2001); see also § 39.809(1) (requiring that each of the elements necessary for termination be established by clear and convincing evidence). Additionally, the court must determine that…

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

     Reversed & remanded This opinion cites § 39.809 1 time: (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.

     …factors the trial court must consider is whether there is "[a]ny suitable permanent custody arrangement with a relative of the child." § 39.810(1). Section 39.809(1) provides that "[e]ach of [the elements required for termination] must be established by clear and convincing evidence before the petition is granted." An…

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

     Reversed & remanded This opinion cites § 39.809 1 time: (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.

     …factors the trial court must consider is whether there is “[a]ny suitable permanent custody arrangement with a relative of the child.” § 39.810(1). Section 39.809(1) provides that “[ejach of [the elements required for termination] must be established by clear and convincing evidence before the petition is granted.” An…

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

     Affirmed in part, reversed in part This opinion cites § 39.809 1 time: (3)

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

     …on the party bringing the termination petition. We note that at the new adjudicatory hearing, the party that adopted the petition may rely on section 39.809(3), Florida Statutes (2002), which provides in pertinent part: For purposes of the adjudicatory hearing, to avoid unnecessary duplication of expense, the judge…

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

     Affirmed This opinion cites § 39.809 1 time: (1)

     · 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.

     …of this termination order, we address first the standard of review, then the applicable law, and finally, how the law applies to the above facts. Section 39.809(1), Florida Statutes (2002), provides, "In a hearing on a petition for termination of parental rights, the court shall consider the elements required for…

112. E.A. v. Department of Children & Family Services 855 So. 2d 719 · 3D03-62 · 3rd DCA 2003

     This opinion cites § 39.809 1 time: (1)

     PER CURIAM. We affirm the termination of the father’s parental rights where the basis for such termination was proven by clear and convincing evidence. § 39.809(1), Fla. Stat. (2002); Myles v. Department of Health & *720 Rehabilitative Servs., 590 So.2d 1058, 1054 (Fla. 3d DCA 1991). Affirmed.

113. C.B. v. Department of Children & Family Services 848 So. 2d 1185 · 3D02-990 · 3rd DCA 2003

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     Termination reversed because DCF failed to prove any statutory ground for termination by clear and convincing evidence.

     …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 convincing evidence that a parent has…

114. N.L. v. Department of Children & Families 843 So. 2d 996 · 1D02-0454 · 1st DCA 2003

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     · 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.

     …for terminating parental rights, along with clear and convincing evidence that terminating parental rights is in the best interests of the child. See § 39.809(1), Fla. Stat. (2000). Clear and convincing evidence is defined as "an `intermediate level of proof [that] entails both a qualitative and quantitative standard.…

115. P.O. v. Department of Children & Families 840 So. 2d 360 · 4D02-2391 · 4th DCA 2003

     Affirmed This opinion cites § 39.809 1 time: (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.

     …for termination, including P.O.’s failure to comply with her case plan, and that termination of P.O.’s parental rights was in S.S.’s best interests. §§ 39.809(1), 39.810, 39.811, Fla. Stat. (2001). Section 39.806(l)(e), Florida Statutes, provides: A petition for termination of parental rights may also be filed when…

116. L.B. v. Department of Children & Families 835 So. 2d 1189 · 1D02-2592 · 1st DCA 2002

     Reversed & remanded This opinion cites § 39.809 1 time: (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.

     …the termination of that parent's parental rights. The Department must prove the grounds for termination of parental rights by clear and convincing evidence. § 39.809(1), Fla. Stat. (2001); see also In re Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). A trial court's determination that evidence is clear and…

117. In re D.N.O. 820 So. 2d 1064 · 2D01-3364 · 2nd DCA 2002

     Reversed This opinion cites § 39.809 1 time: (1)

     Denial of termination reversed with directions to terminate; the mother's last-minute parenting class could not outweigh her long noncompliance, neglect and the child's best interests.

     …the child to terminate the mother's parental rights. DCFS had the burden to prove the elements required for termination by clear and convincing evidence. § 39.809(1), Fla. Stat. (2000); In re S.S., 723 So.2d 344, 346-47 (Fla. 2d DCA 1998). Where clear and convincing evidence is required, the trial court's findings…

118. Department of Children & Family Services v. L. 820 So. 2d 1064 · 2D01-3364-2 · 2nd DCA 2002

     Reversed This opinion cites § 39.809 1 time: (1)

     · cited by 3 in all courts

     Denial of termination reversed with directions to terminate; the mother's last-minute parenting class could not outweigh her long noncompliance, neglect and the child's best interests.

     …the child to terminate the mother’s parental rights. DCFS had the burden to prove the elements required for termination by clear and convincing evidence. § 39.809(1), Fla. Stat. (2000); In re S.S., 723 So.2d 344, 346-47 (Fla. 2d DCA 1998). Where clear and convincing evidence is required, the trial court’s findings…

119. K.E. v. Department of Children & Families 816 So. 2d 838 · 5D00-3235 · 5th DCA 2002

     Affirmed This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3) under the 1993 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     Termination affirmed: the mother's drug relapse and the father's failure to protect the children or keep housing posed substantial risk, despite her later treatment.

     …the parent; and (5) the parent failed to substantially comply with the plan. S.Q. v. Dep't of H.R.S., 687 So.2d 319, 324 (Fla. 1st DCA 1997) (citing § 39.467(3), Fla. Stat. (1993); In the Interest of R.J., 586 So.2d 496, 498 (Fla. 1st DCA 1991); In the Interest of R., Children, 591 So.2d 1130, 1133 (Fla.…

120. C.W. v. Department of Children & Families 814 So. 2d 488 · 1D01-1710 · 1st DCA 2002

     Affirmed This opinion cites § 39.809 1 time: (1)

     · 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.

     …mother and Guardian Ad Litem. The trial court then stated that her findings in the final order were supported "by clear and convincing evidence." See § 39.809(1), Fla. Stat. (2000)("In a hearing on a petition for termination of parental rights, the court shall consider the elements required for termination. Each of…

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

     Reversed & remanded This opinion cites § 39.809 1 time: (5)

     · 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.

     …on the question whether DCFS has authority to terminate parental rights but also on the question whether it is in the child's best interests to do so. See § 39.809(5), Fla. Stat. (2000); In re L.H., 647 So.2d 311, 311-12 (Fla. 5th DCA 1994); see also In re K.M., 788 So.2d 306, 306 (Fla. 2d DCA 2001) (noting…

122. In re F.M.B. 803 So. 2d 833 · 2D01-21 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     Termination reversed: no clear evidence of abuse or threat, and the court improperly reopened the case to add the mother's later criminal convictions.

     …rights. She contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we reverse the order terminating R.D.B.'s parental rights and remand for further proceedings. The three children were…

123. In re F.M.H.B. 803 So. 2d 837 · 2D00-1942 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     Termination of the father's rights reversed: an unusual nomadic lifestyle without evidence of abuse, and no case plan offered, did not meet the clear-and-convincing standard.

     …rights. He contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we reverse the order terminating P.G.B.'s parental rights and remand for further proceedings. The three children were…

124. R.D.B. v. Department of Children & Family Services 803 So. 2d 833 · 2D01-21-2 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     · cited by 3 in all courts

     Termination reversed: no clear evidence of abuse or threat, and the court improperly reopened the case to add the mother's later criminal convictions.

     …rights. She contends, and we agree, that the elements required for termination were not established by clear and convincing evidence as required by section 39.809(1), Florida Statutes (1999). Accordingly, we reverse the order terminating R.D.B.’s parental rights and remand for further proceedings. The three children were…

125. P.G.B. v. Department of Children & Family Services 803 So. 2d 837 · 2D00-1942-2 · 2nd DCA 2001

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     · cited by 3 in all courts

     Termination of the father's rights reversed: an unusual nomadic lifestyle without evidence of abuse, and no case plan offered, did not meet the clear-and-convincing standard.

     …rights. He contends, and we agree, that the elements required for termination were not established by clear and convincing evidence'as required by section 39.809(1), Florida Statutes (1999). Accordingly, we reverse the order terminating P.G.B.’s parental rights and remand for further proceedings. The three children were…

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

     Reversed & remanded This opinion cites § 39.809 1 time: (1)

     · cited by 6 in all courts

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

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

127. M.J.S. v. State 764 So. 2d 825 · 2D99-4898 · 2nd DCA 2000

     This opinion cites § 39.809 1 time: (1)

     · cited by 27 in all courts

     …the issue was whether DCFS proved dependency by clear and convincing evidence. That is the burden of proof required for terminating parental rights. See § 39.809(1), Fla. Stat. (1999). However, M.J.S.'s parental rights were not terminated in this proceeding. Rather, this proceeding was limited to determining whether to…

128. Department of Children & Families v. K.D. 745 So. 2d 590 · DCA99-1025 · District Court of Appeal 1999

     This opinion cites § 39.809 1 time: (5)

     …noncompliance was caused by her lack of financial resources. The Department appeals claiming that the court failed to comply with the requirements of section 39.809(5), Florida Statutes, which requires that “the judge shall enter a written order with the findings of fact and conclusions of law.” In its very brief order,…

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

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1997 statutes), now § 39.809

     · cited by 2 in all courts

     …due either to the lack of financial resources of the parents or to the failure of the department to make reasonable efforts to reunify the family. Section 39.467, Florida Statutes (1997), provides that in a hearing on a petition for termination of parental rights, the court shall consider the elements required for…

130. In re S.S. 723 So. 2d 344 · 2D98-00103 · 2nd DCA 1998

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1997 statutes), now § 39.809

     …is on the petitioner, here the Department, to establish by clear and convincing evidence the elements required for termination of parental rights. See § 39.467. Termination of parental rights is a serious matter that involves constitutionally protected liberty interests. See In re R.W., 495 So.2d 133 …

131. In the Interest of S.S. v. Department of Children & Families 723 So. 2d 344 · DCA98-00103 · District Court of Appeal 1998

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1997 statutes), now § 39.809

     · cited by 9 in all courts

     …is on the petitioner, here the Department, to establish by clear and convincing evidence the elements required for termination of parental rights. See § 39.467. Termination of parental rights is a serious matter that involves constitutionally protected liberty interests. See In re R.W., 495 So.2d 133 …

132. Department of Children & Families v. C.F. 788 So. 2d 988 · 3D98-1775 · 3rd DCA 1998

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(1) under the 1995 statutes, too old to match to today's subsections.

     · cited by 7 in all courts

     …In this instance, the evidence was overwhelmingly in favor of termination, and the trial court's contrary decision was an abuse of discretion. FN1. See § 39.467(1), Fla. Stat. (1995); Doe v. Department of Health & Rehabilitative Services, 563 So.2d 655, 661 (Fla. 1st DCA 1990). Section 39.464, Florida Statutes…

133. Porter v. Department of Children & Families 718 So. 2d 382 · 2D98-15 · 2nd DCA 1998

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(5) under the 1995 statutes, too old to match to today's subsections.

     …written order of adjudication and order of disposition terminating Porter’s parental rights are defective. They do not comply with the requirements of section 39.467(5), Florida Statutes (1995), which requires a court to enter a written order containing findings of fact and conclusions of *384 law supporting termination of…

134. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · 1D97-350 · 1st DCA 1997

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(2) under the 1995 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …counsel must be renewed at each subsequent stage of the proceedings at which the parent ... appears without counsel." (emphasis supplied). Finally, section 39.467(2) contemplates that the court may delay the adjudicatory hearing for "reasonable continuances for the purpose of ... procuring counsel...." The court in this…

135. J.B. v. Department of Children & Family Services 703 So. 2d 1208 · DCA97-350 · District Court of Appeal 1997

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(2) under the 1995 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …counsel must be renewed at each subsequent stage of the proceedings at which the parent ... appears without counsel.” (emphasis supplied). Finally, section 39.467(2) contemplates that the court may delay the adjudicatory hearing for “reasonable continuances for the purpose of ... procuring counsel....” The court in this…

136. Department of Health & Rehabilitative Services v. M.B. 701 So. 2d 1155 · SC88840 · Florida Supreme Court 1997

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3) under the 1993 statutes, too old to match to today's subsections.

     · cited by 25 in all courts

     …and the courts have required clear and convincing evidence to support the more drastic, permanent protective action of terminating parental rights. § 39.467(3), Fla. Stat. (1993). This Court has noted "that an order of termination of parental rights permanently deprives the parents or legal guardian of any right to…

137. In Interest of E.L.H. 687 So. 2d 924 · 2D95-04711 · 2nd DCA 1997

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1993 statutes), now § 39.809

     · 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 child, it also…

138. Herda v. Department of Health & Rehabilitative Services 673 So. 2d 977 · DCA96-0205 · District Court of Appeal 1996

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(5) under the 1995 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     … 664 So.2d 1137, 1138 (Fla. 5th DCA 1995). The procedure contemplates a hearing on an order of adjudication, which meets the requirements of section 39.467(5), Florida Statutes (1995), and a second order that grants or denies the petition for termination and includes the brief factual statement provided for in…

139. In Interest of D.H. 670 So. 2d 1072 · 2D95-01651 · 2nd DCA 1996

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(5) under the 1995 statutes, too old to match to today's subsections.

     · cited by 5 in all courts

     …not find that B.L.H. failed to comply with her permanent placement plan. The order of termination is deficient in satisfying the criteria set forth in section 39.467(5), Florida Statutes (1995), by failing to disclose that the requisites expressed in section 39.464, Florida Statutes (1995), have been met. The manifest best…

140. J.M. v. Department of Health & Rehabilitative Services 646 So. 2d 793 · DCA94-1163 · District Court of Appeal 1994

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(2) under the 1993 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …life and well being of the child. F. Considered evaluation of all of the relevant factors, including, but not limited to the factors set forth in Section [39.467(2) ], Florida Statutes, establishes that it is in the manifest best interest of the child to terminate parental rights of the natural parents. G.It is…

141. Simms v. Department of Health & Rehabilitative Services 641 So. 2d 957 · 3D92-1629 · 3rd DCA 1994

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(e) under the 1992 statutes, too old to match to today's subsections.

     · cited by 24 in all courts

     …with the performance agreements which she and the Department of Health and Rehabilitative Services (HRS) entered into to accomplish family reunification. § 39.467(3)(e), Fla. Stat. (Supp. 1992). Moreover, testimony by the court-appointed psychologist, a psychiatrist and two social workers constituted clear and convincing…

142. In re C.B. 635 So. 2d 139 · 4D93-1955 · 4th DCA 1994

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(d) under the 1991 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …contention that the Department of Health and Rehabilitative Services (DHRS) failed to make reasonable efforts to reunify the family as required by section 39.467(3)(d)2, (e), Florida Statutes (1991). Over a two year period, the mother was offered drug treatment programs, but failed to complete them; parenting classes, but…

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

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(a) under the 1993 statutes, too old to match to today's subsections.

     · cited by 2 in all courts

     …premature, because there had been no adjudication of dependency. An adjudication of dependency is a required element for a termination of parental rights, § 39.467(3)(a), Fla.Stat. (1993). The dismissal, however, should have been without prejudice' We disagree with so much of the order as finds the appellants lacked standing…

144. E.K. v. Department of Health & Rehabilitative Services 631 So. 2d 317 · DCA92-04369 · District Court of Appeal 1994

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3) under the 1991 statutes, too old to match to today's subsections.

     …find, inter alia, that there is clear and convincing evidence that the parent has been informed of her right to counsel in the dependency proceeding. Section 39.467(3), Fla.Stat. (1991). The transcript of the dependency hearing in this case reveals that E.K. was not informed of her right to counsel. In addition, the trial…

145. In Interest of B.L.B. 635 So. 2d 44 · 1D93-463 · 1st DCA 1994

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3) under the 1993 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …and neglect, but the trial court, while specifically reciting this evidence, failed to expressly find that one or more of the factors required by section 39.467(3) had been established. The termination of parental rights seems based entirely on the failure to comply with the performance agreement. Therefore, we must…

146. Adoption Centre, Inc. v. Marshall 627 So. 2d 589 · DCA93-1199 · District Court of Appeal 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(c) under the 1991 statutes, too old to match to today's subsections.

     …matter is remanded with instructions to schedule a hearing with adequate notice to each party so that each party can be represented by an attorney. See § 39.467(3)(c) 1. & 2., Fla.Stat. (1991). REVERSED and REMANDED. GOSHORN, DIAMANTIS and THOMPSON, JJ., concur.

147. Small v. Department of Health & Rehabilitative Services 626 So. 2d 326 · DCA93-128 · District Court of Appeal 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3) under the 1992 statutes, too old to match to today's subsections.

     …Servs., 590 So.2d 1053 (Fla. 3d DCA 1991). Moreover, the order and findings comply with the statutory requirements for termination of parental rights. § 39.467(3), Fla.Stat. (Supp.1992); see Caso v. Department of Health & Rehab. Servs., 569 So.2d 466 (Fla. 3d DCA 1990). Affirmed.

148. In Interest of J.B. 624 So. 2d 792 · 2D92-02244 · 2nd DCA 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(c) under the 1991 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …of parental rights, it must be proved by clear and convincing evidence that the parent was informed of the right to counsel in the dependency proceeding. § 39.467(3)(c)1, Fla. Stat. (1991). Appellant, as conceded by appellee HRS, was clearly not so informed. Appellant was not represented by an attorney at this proceeding.…

149. In re T.M. 622 So. 2d 589 · DCA92-3596-2 · District Court of Appeal 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(d) under the 1990 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …or neglect” is subject to extraordinary procedures, and an agreement or plan is not a prerequisite). Nor does the mention of an agreement or plan in section 39.467(3)(d), Florida Statutes (Supp.1990), support the father’s position. That statute provides that termination must be based upon a finding that the following is proven…

150. Rivera-Berrios v. Adoption Centre, Inc. 617 So. 2d 1067 · 5D92-2313 · 5th DCA 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(2) under the 1991 statutes, too old to match to today's subsections.

     · cited by 3 in all courts

     …purpose to assume all parental duties and that the child was therefore neglected and abandoned. The final judgment stated that all of the elements of section 39.467(2) of the Florida Statutes (1991) were met and that the allegations of the petition were proved by clear and convincing evidence. On July 2, 1992 Nelson…

151. In Interest of C.W. 616 So. 2d 127 · 2D92-03488 · 2nd DCA 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(3)(e) under the 1991 statutes, too old to match to today's subsections.

     · cited by 6 in all courts

     …dirty and hungry in a home infested with roaches. Mrs. Wiggins's failure to comply with her performance agreement provides additional evidence of neglect. § 39.467(3)(e), Fla. Stat. (1991). An illness beyond the parent's control can support termination of parental rights when it is accompanied by neglect and the evidence…

152. In re Children 613 So. 2d 592 · DCA92-2388 · District Court of Appeal 1993

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1991 statutes), now § 39.809

     …and final disposition after full consideration of the mother's parental rights and the best interest of the children, under the criteria set out in section 39.467 Florida Statutes (1991). Reversed and remanded. WARNER, J., concur. ANSTEAD, J., concurs specially with opinion. ANSTEAD, Judge, concurring…

153. In Interest of T.M. 614 So. 2d 561 · 1D92-3596 · 1st DCA 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(7) under the 1992 statutes, too old to match to today's subsections.

     …finding as to the children T.M. and F.M., III, and which terminated the parental rights of their natural father. This order was entered pursuant to section 39.467(7), Florida Statutes (Supp. 1992). A timely notice of appeal was filed by the father on October 16. Subsequently, on November 9 a disposition order was entered…

154. F.M. v. Department of Health & Rehabilitative Services 614 So. 2d 561 · DCA92-3596 · District Court of Appeal 1993

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(7) under the 1992 statutes, too old to match to today's subsections.

     · cited by 1 in all courts

     …finding as to the children T.M. and F.M., III, and which terminated the parental rights of their natural father. This order was entered pursuant to section 39.467(7), Florida Statutes (Supp. 1992). A timely notice of appeal was filed by the father on October 16. Subsequently, on November 9 a disposition order was entered…

155. In re K.C. 603 So. 2d 98 · DCA91-02396 · District Court of Appeal 1992

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1990 statutes), now § 39.809

     · cited by 2 in all courts

     … The GAL contends that the trial court erred in granting summary judgment based on the 1990 revision of the juvenile code. The GAL urges that section 39.467 Florida Statutes (1990) as revised does not require clear and convincing proof of a lack of substantial compliance with a performance agreement or a permanent…

156. Investigation: Florida Statute 27.04 v. State 589 So. 2d 978 · 4D90-3071 · 4th DCA 1991

     This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1989 statutes), now § 39.809

     · cited by 4 in all courts

     …adjudicated guilty of indirect criminal contempt. Roche then filed a notice of appeal from the trial court's order. The parties agree that sections 39.411 and 39.467, Florida Statutes (1989), require that proceedings terminating parental rights are protected and not subject to public scrutiny. Furthermore, they acknowledge…

157. Williams v. Department of Health & Rehabilitative Services 589 So. 2d 359 · 5D91-231 · 5th DCA 1991

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(2)(c)1. under the 1989 statutes, too old to match to today's subsections.

     · cited by 4 in all courts

     …956 (Fla. 1st DCA 1988); Slomowitz v. Walker, 429 So.2d 797 (Fla. 4th DCA 1983); State v. Graham, 240 So.2d 486 (Fla. 2d DCA 1970). [2] § 39.467(2)(c)1., Fla. Stat. (1989). [3] See Rock v. State, 584 So.2d 1110 (Fla. 1st DCA 1991); Williams v. State, 553 So.2d 365 (Fla. 5th DCA 1989); L'Homme…

158. Caso v. Department of Health & Rehabilitative Services 569 So. 2d 466 · 3D89-677 · 3rd DCA 1990

     This opinion cites § 39.809 1 time, a subsectionAlso cites § 39.467(6) under the 1989 statutes, too old to match to today's subsections.

     · cited by 9 in all courts

     …appellant signed notarized affidavits voluntarily terminating her parental rights. However, she subsequently withdrew these affidavits. Second, section 39.467(6), Florida Statutes (1989) requires the judge to enter a written order with findings of fact and conclusions of law. We find no error in the trial court…

159. In re Amendments to Florida Rules of Juvenile Procedure 939 So. 2d 74 · SC06-140 · Florida Supreme Court 2006

     Rule amendment This opinion cites § 39.809 3 times, the section generally

     · cited by 3 in all courts

     …would prohibit magistrates from conducting shelter hearings under section 39.402, Florida Statutes (2005), and adjudicatory hearings under sections 39.507 or 39.809, Florida Statutes (2005), we nevertheless conclude the proposed amendments are necessary and adopt them. [2] There is currently no meaningful opportunity for…

160. In re Amendments to the Florida Rules of Juvenile Procedure SC21-627 · Florida Supreme Court 2021

     Rule amendment This opinion cites § 39.809 1 time, the section generally

     …hearing under section 39.507, Florida Statutes, or an adjudicatory hearing under section 39.507, Florida Statutes, or an adjudicatory hearing under section 39.809, Florida Statutes. RULE 8.260. ORDERS (a) General Requirements. All orders of the court must be - 13…

161. Amendments to Florida Rules of Juvenile Procedure 827 So. 2d 219 · SC02-117 · Florida Supreme Court 2002

     Rule amendment This opinion cites § 39.809 1 time, the section generally

     · cited by 1 in all courts

     …require some of the proceedings cited in rule 8.255(i) to be conducted by “a judge without a jury.” See §§ 39.507 (dependency adjudicatory hearings), 39.809 (termination of parental rights adjudicatory hearings), Fla. Stat. (2001). Accordingly, although we do not approve the amendment prohibiting masters, from…

162. In re Amendments to the Florida Rules of Juvenile Procedure 608 So. 2d 478 · SC79591 · Florida Supreme Court 1992

     Rule amendment This opinion cites § 39.809 1 time, the section generallyCited as § 39.467 (1990 statutes), now § 39.809

     · cited by 8 in all courts

     …ORDERED in chambers at ., . County, Florida, .. .(date)_ Circuit Judge Committee Notes 1992 Amendment. This change incorporates an amendment to section 39.467, Florida Statutes (Supp.1990). *505 FORM 8.901. CAPTION OF PLEADINGS AND ORDERS NAME OF COURT In the Interest of ., .. .Child.a…

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