IN THE INTEREST OF S.D., A CHILD. S.B., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND GUARDIAN AD LITEM PROGRAM, APPELLEES
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Florida appellate court affirmed termination of parental rights where competent, substantial evidence supported the ground for termination by clear and convincing evidence and termination was in the child's manifest best interest.
Termination of parental rights is affirmed when the Department proves a statutory ground by clear and convincing evidence and termination is in the child's manifest best interest.
[1] When a statute becomes effective after the filing of a dependency proceeding but before the filing of a termination proceeding, the statute applies to the termination pro…
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Join FLexlaw to unlock all legal intelligenceThe mother's parental rights to her four-year-old child were terminated; the mother had previously had parental rights terminated as to three of the c…
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The Mother, S.B., appeals the order terminating her parental rights to her four-year-old child, S.D. At the termination hearing, it was undisputed that the Mother’s parental rights had been previously terminated as to three of S.D.’s half-siblings. Competent, substantial evidence supports the trial court’s finding that the Department of Children and Family Services (“DCF”) proved a ground for termination by clear and convincing evidence and that, termination was in the manifest best interest of S.D. See §§ 39.806(1)(i), 39.810, Fla. Stat. (2010); In re the Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995); C.L. v. Dep’t of Children & Family Servs., 943 So.2d 272, 273 (Fla. 3d DCA 2006). We, therefore, affirm.
*439Because DCF was required to prove only one ground for termination, we do not need to decide whether the trial court correctly relied on section 39.806(1)(£) as an alternative ground for termination. See § 39.802(4)(a), Fla. Stat. (2010); cf. A.H. v. Dep’t of Children & Families, 63 So.3d 874, 877 (Fla. 1st DCA 2011). Section 39.806(1)(Z) has an effective date of July 1, 2008, which means it became effective after the filing of the dependency proceeding but before the filing of the termination proceeding in this case. See Ch.2001-245, § 16, Laws of Fla.
Affirmed.
CASANUEVA and KELLY, JJ., Concur.
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In the Interest of J.W. v. Dep't of Child. & Families & Guardian Ad Litem Program, 210 So. 3d 147 (Fla. 2d DCA 2016)…la.1959); Kenyon v. Kenyon, 496 So. 2d 839, 840 (Fla. 2d DCA 1986); Polyglycoat Corp. v. Hirsch Distribs., Inc., 442 So. 2d 958, 960 (Fla. 4th DCA 1983).9 Only one ground is [*153] required for termination. S.B. v. Dep t of Children & Family Servs., 80 So. 3d 438, 439 (Fla. 2d DCA 2012); A.H. v. Dep’t of Children & Families, 63 So. 3d 874, 877 (Fla. 1st DCA 2011). Therefore, the insufficiency of the evidence to sustain the other grounds asserted for termination is of no consequence. See R.S. v. Dep’t of Chil…
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D.G. v. Dep't of Child. & Families, 250 So. 3d 871 (Fla. 5th DCA 2018)…CF was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017) ; S.D. v. Dep't of Child. & Fam. Servs. , 80 So. 3d 438 (Fla. 2d DCA 2012). AFFIRMED. COHEN, C.J., and TORPY and EVANDER, JJ., concur. Section 39.806(1)(d)(3) provides that grounds for termination of parental rights may be established where the court determines by clear and convincing evidence "th…
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D.G. v. DCF (Fla. 5th DCA 2018)…was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017); S.D. v. Dep’t of Child. & Fam. Servs., 80 So. 3d 438 (Fla. 2d DCA 2012). AFFIRMED. COHEN, C.J., and TORPY and EVANDER, JJ., concur. 1 Section 39.806(1)(d)(3) provides that grounds for termination of parental rights may be established where the c…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W., 658 So. 2d 961 (Fla. 1995)
- A.H. v. Dep't of Child. & Families, 63 So. 3d 874 (Fla. 1st DCA 2011)
- Woods v. State, 943 So. 2d 272 (Fla. 3d DCA 2006)
- C.L. v. Dep't of Child. & Fam. Servs., 943 So. 2d 272 (Fla. 3d DCA 2006)