UNPLED GROUNDS AND IMPLIED CONSENTtermination of parents’ parental rights pursuant to 39.806(1)(e) as to one child was improper since there was no adjudication of dependency and no case plan filed. DCA held unpled grounds were not tried by implied consent.

T.H. v. State, Department of Children and Families, 226 So.3d 915 (2017) The Department filed a petition to terminate Mother’s parental rights as to S.H. based on section 39.806(1)(b), (1)(c), and (1)(e) and based on section 39.806(1)(b) for Father. After the petition was filed, Mother gave birth to another child, T.D.H., who was sheltered and […]

In re S.M., 2016 WL 275273 (Fla. 2nd DCA)

Father appealed a final judgment terminating his parental rights and an order denying his motion to set aside his implied consent to termination based on his failure to appear at the hearing. Father asserted that he provided evidence of excusable neglect for his failure to appear. The Second District Court of Appeal (Second DCA) reversed […]