D.M., THE MOTHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES

Fla. 3d DCA | 2022-07-27
No. 22-0259
Freeman
Florida District Court of Appeal, Third District (2022)

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Holding

Once a trial court determines that termination of parental rights is warranted under section 39.806(1)(f), Florida Statutes, the court need not make a determination as to the least restrictive means.


Headnotes

[1] When a trial court determines that termination of parental rights is warranted under Florida Statute § 39.806(1)(f), the court is not required to conduct a least restrict…

[2] A district court of appeal's review of a termination of parental rights decision is limited to whether competent substantial evidence supports the trial court's findings,…

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Key Quotes

“once the trial court determines that termination is warranted under section 39.806(1)(f), Florida Statutes, the court need not make a determination as to the least restrictive means”

Explanation of the applicable legal standard for termination of parental rights

Facts & Procedural History

The mother challenged a trial court's decision terminating her parental rights under section 39.806(1)(f), Florida Statutes.…

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Opinion of the Court

PER CURIAM.

Affirmed. See P.R. v. Dep’t of Children & Families, 337 So. 3d 456, 461 (Fla. 1st DCA 2022) (explaining that once the trial court determines that termination is warranted under section 39.806(1)(f), Florida Statutes, the court need not make a determination as to the least restrictive means);

K.A. v. Dep’t of Children & Families, 332 So. 3d 501, 507 (Fla. 4th DCA 2021) (upholding the constitutionality of section 39.806(1)(f)); J.H. v. Dep’t of Children & Families, 279 So. 3d 316, 322 (Fla. 4th DCA 2019) (“While a trial court’s decision to terminate parental rights must be based upon clear and convincing evidence, the district court of appeal’s review is limited to whether competent substantial evidence supports the trial court’s findings.”).


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