IN THE INTEREST OF W.B., B.B., AND BE.B., CHILDREN. A.H., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE; A.B., APPELLANT, V. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE
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Court affirmed termination of parental rights for two children but reversed and remanded as to the third child because the statutory ground cited (section 39.806(1)(e)) was invalid, though termination was sustainable under an alternative ground (section 39.806(1)(c)).
Termination of parental rights under section 39.806(1)(e) requires that the child first be declared dependent, and where a child was never declared dependent, that statutory ground is invalid even if termination is sustainable under another ground.
[1] Termination of parental rights under section 39.806(1)(e), Florida Statutes, requires that the child be declared dependent as a prerequisite, and termination under that g…
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Join FLexlaw to unlock all legal intelligenceThe Mother and Father had three children: W.B. (born July 2001), B.B. (born October 2002), and Be.B. (born February 2004). The trial court terminated …
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WALLACE, Judge.
Appellants, A.H. (the Mother) and A.B. (the Father), separately appeal from an Order of Termination of Parental Rights. The appellants’ children are W.B. (born July 6, 2001), B.B. (born October 26, 2002), and Be.B. (born February 28, 2004). We affirm, without discussion, the order’s termination of the Mother’s and the Father’s parental rights to W.B. and B.B. However, we reverse the order’s termination of the Mother’s and the Father’s parental rights to Be.B. based on section 39.806(1)(e), Florida Statutes (2003). Be.B. was never declared dependent, which is a prerequisite to termination under this provision. See J.T. v. Dep’t of Children & Family Servs., 819 So. 2d 270 (Fla. 2d DCA 2002). Thus section 39.806(1)(e) was not a valid legal ground for termination as to Be.B. Nevertheless, there is competent, substantial evidence to sustain the trial court’s termination of the Mother’s and the Father’s parental rights to Be.B. under section 39.806(1)(c). Therefore, we affirm the termination of the Mother’s and the Father’s parental rights to Be.B., but we reverse and remand for the entry of an amended termination order removing all references to section 39.806(1)(e) that concern Be.B.
Affirmed in part, reversed in part, and remanded.
WHATLEY and VILLANTI, JJ., Concur.
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T.H. v. State, 226 So. 3d 915 (Fla. 4th DCA 2017)…with the parent, whichever occurs first[J [*918] The Department correctly concedes error. With respect to T.D.H., there was no adjudication of dependency and no case plan had been filed with the court. See A.H. v. Dep’t of Children & Family Servs., 915 So. 2d 761, 762 (Fla. 2d DCA 2005) (holding that section 39.806(1)(e) “was not a valid legal ground for termination” where the child was never adjudicated dependent, “which is a prerequisite to termination under this provision”); J.T. v. Dep’t of Children & Fa…
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G.M.R. v. Dept. of Children and Families, 262 So. 3d 840 (Fla. 3d DCA 2018)…dication of dependency and no case plan had been filed with the court.”). There is, however, competent, substantial evidence to sustain the trial court’s termination of G.M.R’s parental rights to K.M. under section 39.806(1)(c). See In re W.B., 915 So. 2d 761, 762 (Fla. 2d DCA 2005) (reversing portion of trial court’s order terminating parental rights under section 39.806(1)(e)(1) where the child had never been declared dependent, but affirming the termination of the parents’ parental rights because t…
Authorities Cited
- In the Interest of T.B. v. Dep't of Child. & Fam. Servs., 819 So. 2d 270 (Fla. 2d DCA 2002)