§39.806(1)(c) AND LEAST RESTRICTIVE MEANS-the trial court’s findings that additional services would be futile was sufficient to establish least restrictive means. Court order denying TPR reversed and case remanded for findings regarding the Manifest Best Interest factors.

R.W. v. DCF & GAL v. R.A.D. & R.W., 2017WL5041968 (Fla. 5th DCA Oct. 31, 2017) [5D17-2010, 2012, 2027, cons.] After a hearing on a petition to terminate parental rights, the trial court concluded that the Department proved grounds for termination against both parents under section 39.806(1)(c) (continuing involvement threatens, irrespective of services) and section […]

Interpreting the S.M. Case – Least Restrictive Means

Guardian ad Litem Program v. Department of Children and Families, 2016 WL 7497280 (Fla. 5th DCA) This is the first district court case applying the least restrictive means test since it was recently clarified by the Supreme Court of Florida. S.M. v. Fla. Dep’t of Children and Families, 202 So. 3d 769, 778 (Fla. 2016). […]

Statewide Guardian ad Litem Program v. A.A., 2015 WL 4510417 (Fla. 5th DCA)

The Statewide Guardian ad Litem Program (GAL) and the Department of Children and Families (DCF) appealed the trial court’s Final Judgment Denying Involuntary Termination of Parental Rights and Ordering a Permanent Guardianship Case Plan. The trial court found that DCF proved statutory grounds for termination as to Mother and Father by clear and convincing evidence […]

State v. T.S., 155 So.3d 476 (Fla. 1st DCA 2015)

The trial court found that the Department of Children and Families (Department) met the statutory factors for termination of parental rights and established that termination was in the best interests of the child but denied termination, finding it was not the least restrictive means to protect the child. The Department appealed the findings related to […]