IN THE INTEREST OF M.K.B. AND W.S.B., CHILDREN. O.B., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND GUARDIAN AD LITEM PROGRAM, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Second District Court of Appeal affirmed the involuntary termination of parental rights of the father in a dependency case involving two children. The court struck one misleading finding from the judgment but upheld the termination, while also providing guidance to trial courts on proper judgment structure in termination proceedings.
The court affirmed the termination of parental rights but struck the finding regarding prospective abuse, neglect, or abandonment as misleading and unnecessary. The court held that the evidence sufficiently supported termination under the applicable statutory grounds and best interests analysis.
[1] A finding that children are at substantial risk of prospective abuse, neglect, or abandonment may be misleading and unnecessary to support a final judgment of involuntary…
[2] The structure of a final judgment terminating parental rights should be organized to facilitate review by attorneys and the court.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To terminate parental rights, the State must establish: (1) the existence of one of the statutory grounds set forth in Chapter 39; (2) that termination is in the best interest of the child; and (3) that termination is the least restrictive means of protecting the child from harm.”
Establishes the three-part test required to terminate parental rights under Florida law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved two children, M.K.B. and W.S.B., in a dependency proceeding. The father, O.B., appealed the final judgment terminating his parental …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Involuntary Termination Of Parental Rights cases and more on FLexlaw
We affirm the final judgment of involuntary termination of parental rights of the father in this case. We strike the portion of paragraph sixty-two of the judgment that “finds that the children are at substantial risk of prospective abuse, neglect or abandonment,” because it is misleading and unnecessary to support the final judgment.
We write primarily to comment that the structure of the final judgment in this case makes it difficult for both the attorneys and this court to review the judgment to determine its adequacy. The judgment has seventy enumerated paragraphs. Its structure does not appear to be based on. form 8.983 of the Florida Rules of Juvenile Procedure. Many trial courts, including some in the Sixth Judicial Circuit, have created an excellent standard form that is actually more helpful than the form in the rule book. That form separates the order into easily identifiable sections that include: (1) the date or dates of the adjudicatory hearing and the individuals who were present at the hearing, (2) the procedural history of the case, (3) a confirmation that the parent’s right to counsel has been fulfilled, (4) a delineation of each of the alleged statutory grounds for termination as to each parent, (5) findings of fact in an orderly structure, (6) a declaration that each alleged statutory ground has or has not been proven by clear and convincing evidence, (7) a finding on single parent grounds,1 (8) a sufficient consideration of the best interests of each affected child, (9) a determination that termination of parental rights is the least restrictive means of protecting the child under the applicable guidelines, and (10) a conclusion stating the trial court’s adjudication and order. The use of this type of form also assists the trial court in addressing the elements that must be established to terminate parental rights. See generally § 89.802, Fla. Stat. (2011) (stating the allegations that must be set forth in a petition for termination of rights); R.L. v. Dep’t of Children & Families, 63 So.3d 920, 921-22 (Fla. 5th DCA 2011) (“To terminate parental rights, the State must establish: (1) the existence of one of the statutory grounds set forth in Chapter 39; (2) that termination is in the best interest of the child; and (3) that termination is the least restrictive means of protecting the child from harm.”). We would encourage the trial court to consider the use of such a form.
Affirmed.
CASANUEVA and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest of L.C. v. Dep't of Child. & Fam. Servs., 908 So. 2d 568 (Fla. 2d DCA 2005)
- R.L. v. Dep't of Child. & Families, 63 So. 3d 920 (Fla. 5th DCA 2011)