M.D. v. State, 187 So.3d 1275 (Fla. 4th DCA 2016)

Father appealed termination of his parental rights which was based on abandonment. The Fourth District Court of Appeal (Fourth DCA) affirmed termination. Father was incarcerated at the time of the termination trial and had been incarcerated for the two years prior to the trial. Father testified at trial that the last time he saw his […]

Department of Children and Families v. J.S.,2016 WL 145866 (Fla. 4th DCA)

The Department of Children and Families and the Statewide Guardian ad Litem Program appealed a final judgment denying the department’s Petition to terminate the rights of both parents. The Fourth District Court of Appeal (Fourth DCA) reversed denial of termination. The child resided with Mother for the first two years of his life. The child […]

D.S. v. Department of Children and Families, 2015 WL 1810315 (Fla. 4th DCA)

Father appealed termination of his parental rights based upon his incarceration. The Fourth District Court of Appeal (Fourth DCA) reversed as to two of his three children, finding as to those children that termination was not supported by competent substantial evidence, that termination was not in the children’s manifest best interest or that termination was […]

B.K. v Department of Children and Families, 2015 WL 1652761 (Fla. 4th DCA)

Father appealed termination of his parental rights. He alleged that his incarceration did not warrant termination as it was not for a significant portion of the child’s life. He further argued that termination was not the least restrictive means of preventing harm to the child. At the time of the termination hearing, Father’s child was […]

In re G.M., Jr., 71 So.3d 924 (Fla. 2d DCA 2011)

The father appealed the trial court’s order terminating his parental rights based on his failure to complete his case plan tasks and abandonment. The father argued he was unable to comply with his case plan because the Department of Children and Family Services (department) failed to make reasonable efforts to reunify the father with his […]

S.B. v. Department of Children and Families, 132 So.3d 1243 (Fla. 1st DCA 2014)

The father of three daughters and their half-brother, appealed the trial court’s termination of his parental rights. The Department of Children and Families’  (the department) petition was based on the argument that the “incarcerated father’s continued relationship with his children would be harmful to them within meaning of termination of parental rights statute. § 39.806(1)(d), […]

J.H. v. Department of Children and Families, 2014 WL 3559381 (Fla. 5th DCA)

The Department of Children and Families appealed denial of its petition for termination of parental rights.  The Fifth District Court of Appeal (Fifth DCA) affirmed the trial court’s decision but issued its opinion without prejudice, specifically granting the Department permission to refile for termination of parental rights if Father is sentenced to a significant prison […]

J.O. v. Department of Children and Families, 2014 WL 3534231 (Fla. 5th DCA)

Father appealed the trial court’s decision finding his son dependent.  Although the Fifth District Court of Appeal (Fifth DCA) affirmed most of the dependency order, the Fifth DCA reversed the portion of the decision that prohibited all contact between Father and son until Father’s release from incarceration.  All contact, including telephonic, was prohibited by the […]

In the Interest of A.R., 2014 WL 3537020 (Fla. 2nd DCA)

Father appealed termination of his parental rights following Mother’s private petition for termination.  Mother’s underlying petition cited Fla. Statute § 39.806(1)(d)(1), which allows for termination when the parent is expected to be incarcerated for a significant portion of the child’s minority.  The trial court did not permit Father to present evidence regarding the nature of […]