S. B., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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The mother appeals the termination of her parental rights to her newborn son after abandoning him at the hospital. The Florida appellate court affirmed the termination, finding the mother had abandoned the child and that termination was in the child's best interests.
The appellate court affirmed the termination of parental rights, agreeing that the mother abandoned the child and that termination was in the child's best interests to permit adoption without further delay.
[1] A parent's abandonment of a child can be grounds for termination of parental rights.
[2] A parent's failure to provide financial support, shelter, clothing, or medical care to a child since birth supports a finding of abandonment.
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Join FLexlaw to unlock all legal intelligence“the mother has abandoned the child and that the child's best interests dictate termination of the mother's parental rights in order that he may be adopted without further delay”
States the court's holding that abandonment and best interests justify terminating parental rights
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Join FLexlaw to unlock all legal intelligenceThe mother gave birth to the child at Jackson Memorial Hospital on June 22, 1997, and left the hospital without her son the next day. The Department t…
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FLETCHER, Judge.
S.B. (the mother) appeals an order terminating her parental rights to her minor son (the child). We affirm.
The mother gave birth to the child at Jackson Memorial Hospital on June 22, 1997. The Department of Children and Family Services (the Department) took custody of the child on June 23, 1997 after the mother left the hospital without her son. The mother was subsequently personally served with a petition for termination of parental rights. She appeared at an advisory hearing where an attorney was appointed to represent her. Thereafter, however, she failed to appear for referrals made by the Department to mental health experts and failed to appear for the final termination hearing at which she was represented by her court-appointed counsel.
At the final hearing, the trial court made the following findings:
1.That the mother left the hospital after giving birth to the child and has never made any attempts to see him or inquire as to his whereabouts or well being.
2. That the mother has never provided any financial support, shelter, clothing or medical care to the child since the date of his birth.
3. That the identity of the father remains unknown and the child has never known the prospective father named in the termination of parental rights proceedings.
4. That the mother’s whereabouts are presently unknown to the Department or to her attorney who represented to the court that he used his best efforts to locate her. 5. That the love, affection, and other emotional ties existing between the child and the mother are minimal at best, and termination of parental rights and duties will cause no harm to the child.
We agree with the lower court’s determination that the mother has abandoned the child and that the child’s best interests dictate termination of the mother’s parental rights in order that he may be adopted without further delay. See, e.g., In re Adoption of Baby E.A.W., 658 So. 2d 961, 966-67 (Fla.1995), cert. denied, 516 U.S. 1051, 116 S.Ct. 719, 133 L.Ed.2d 672 (1996); Kingsley v. Kingsley, 623 So. 2d 780, 786-87 (Fla. 5th DCA 1993), rev. denied, 634 So. 2d 625 (Fla.1994).
Affirmed.
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…A), review granted, 740 So. 2d 529 (Fla.1999) (Case No. 95,665) Departure Sentence Thomas v. State, 725 So. 2d 1148 (Fla. 2d DCA 1998), review granted, 729 So. 2d 396 (Fla.1999) (Case No. 94,469) Deviation From Oral Pronouncement Tibbs v. State, 745 So. 2d 1144 (Fla. 1st DCA 1999), review granted, No. SC00-10, 761 So. 2d 332 (Fla. Mar. 20, 2000) Costs Error and Deviation From Oral Pronouncement of Conditions of Probation Weiss v. State, 720 So. 2d 1113 (Fla. 3d DCA 1998), review granted, 729 So. 2d 396 (…
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Lucious Tibbs, III v. State, 760 So. 2d 144 (Fla. 2000)…ertifying the following question to be one of great public importance: DOES THE FAILURE OF THE TRIAL COURT TO ORALLY PRONOUNCE EACH STATUTORILY AUTHORIZED COST INDIVIDUALLY AT THE TIME OF SENTENCING CONSTITUTE FUNDAMENTAL ERROR? Tibbs v. State, 745 So. 2d 1144 (Fla. 1st DCA 1999). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons expressed in our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000), we answer the certified question in the negative. We approve the decision below and…
Authorities Cited
- In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W., 658 So. 2d 961 (Fla. 1995)
- Kingsley v. Kingsley, 623 So. 2d 780 (Fla. 5th DCA 1993)
- Perez v. United States, 516 U.S. 1051 (U.S. 1996)
- G. W. B. v. J. S. W., 516 U.S. 1051 (U.S. 1996)