K.D. v. Department of Children and Families, 2018 WL 1769747 (Fla. 1st DCA 2018) The Department filed an expedited petition to terminate mother’s parental rights under sections 39.806(1)(c), (i), (j) and (l). Despite a decade of involvement with the Department due to mother’s chronic substance abuse, including the removal of seven other children since 2008, […]
Expedited TPR Pursuant to section 39.806(1)(m) and Least Restrictive Means-Least restrictive means analysis does not require a reunification case plan for biological father of child conceived by sexual battery
In Interest of X.W., 2018 WL 793733 (Fla. 2d DCA 2018) The GAL filed an expedited petition to terminate biological father’s parental rights based on his sexual battery of mother when he was twenty-six and she was just eleven years old, and which resulted in the conception of the child, X.W. Despite finding the GAL […]
§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). […]
Department of Children and Families v. B.C., 2016 WL 635072 (Fla. 1st DCA)
The Department of Children and Families and the Guardian ad Litem Program appealed denial of a petition for termination of parental rights. The First District Court of Appeal (First DCA) reversed denial and remanded for further proceedings. Although the trial court found the termination of parental rights was statutorily warranted and in the manifest best […]
Department of Children and Families v. B.C., 2016 WL 635072 (Fla. 1st DCA)
To terminate parental rights there must be: the existence of a statutory ground for termination under § 39.806; that termination is in the child’s manifest best interests under § 39.810; and the termination of parental rights is the least restrictive means of protecting the child from serious harm. The trial court concluded based on clear […]
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 […]
A.S. v. Department of Children and Families, 2015 WL 1448507 (Fla. 4th DCA)
Father appealed termination of his parental rights. The Fourth District Court of Appeal (Fourth DCA) reversed the termination holding that the trial court erred in finding that Father abandoned his child and that termination was the least restrictive means to protect the child. J.A. was born in September of 2012 and placed in care immediately […]
C.D. v. Department of Children and Families, 164 So. 3d 40 (Fla. 1st DCA 2015)
An earlier opinion in this case was issued by the First District Court of Appeal (First DCA) on February 27, 2015. (This earlier opinion was summarized in the last Legal Briefs Newsletter.) Following motions from the Department and the Guardian ad Litem for Clarification, Rehearing and Rehearing En Banc, the First DCA withdrew its prior […]
C.D. v. Department of Children and Families, 2015 WL 848157 (Fla. 1st DCA)
Mother appealed a decision terminating her parental rights. The First District Court of Appeal (First DCA) reversed and remanded only the trial court’s ruling that termination was the least restrictive means of protecting her children from harm. At the termination trial, Dr. Flynn, the family therapist working with mother and the children, testified that he […]
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 […]
A.H. v. Department of Children and Families, 144 So. 3d 662 (Fla. 1st DCA 2014)
Mother appealed termination of her parental rights arguing that the court’s findings that that she abandoned her child and that termination was the least restrictive means of protecting the child were erroneous. The First District Court of Appeal (First DCA) reversed termination solely on the issue that the trial court failed to find that termination […]
