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ITEM 14H | APPEALS FROM ORDERS TERMINATING PARENTAL RIGHTS

A parent may appeal from the final judgment terminating his or her parental rights, or if there is a separate order of disposition, the parent may also appeal from that order. The order terminating parental rights permanently severs the legal bond between the parent and child. For a trial court to terminate parental rights, it must find that grounds exist for termination. The petitioner (Department of Children and Families or other petitioner) generally must prove one or more of the following grounds by clear and convincing evidence:
(1) the parent abandoned the child;

(2) the parent engaged in conduct toward the child or toward other children that demonstrates that the continuing involvement of the parent in the parent-child relationship threatens the life, safety, well-being, or physical, mental, or emotional health of the child irrespective of the provision of services;

(3) the parent has been convicted of certain violent or sex crimes or the parent will be incarcerated for a significant period of the child’s minority;

(4) the parent has failed to substantially comply with the case plan for at least 12 months;

(5) the parent engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling;

(6) the parent has subjected the child or another child to aggravated child abuse, sexual battery, sexual abuse, or chronic abuse;

(7) the parent committed murder, manslaughter, aiding or abetting the murder, or conspiracy or solicitation to murder the other parent or another child, or a felony battery that resulted in serious bodily injury to the child or another child;

(8) the parent’s rights to a sibling have been terminated involuntarily;

(9) the parent has a history of extensive, abusive, and chronic alcohol or drug use that renders the parent incapable of caring for the child and the parent has refused or failed to complete alcohol or drug treatment during the three years before the termination;

(10) a test administered at birth shows that the child has alcohol or drugs in his or her blood, urine, or meconium, and the biological mother has had at least one other child adjudicated dependent based on harm due to alcohol or drugs and the mother has been provided with an opportunity to have substance abuse treatment;

(11) on three or more occasions the child has been placed in out-of-home care and the reason that led to the child being placed outside the home was caused by the parent;

(12) the court determines that the child was conceived as a result of sexual battery made unlawful under Florida law or similar law of another state, territory possession, or Native American tribe where the offense occurred; or

(13) the parent is convicted of an offense which requires the parent to register as a sexual predator under s. 775.21, Fla. Stat. See Section 39.806, Florida Statutes.
In addition to finding at least one of the above grounds for termination, the court must also find that termination is in the manifest best interest of the child. In deciding the best interest of the child, the court must consider factors such as:
(1) any suitable permanent custody arrangement with a relative of the child;

(2) the parent’s ability to care for the child and to provide the child with food, clothing, and medical care;

(3) the parent’s ability to care for the child’s safety, wellbeing, and to not endanger the child’s physical, mental, or emotional health;

(4) the child’s present and future mental and physical health;

(5) the love, affection, and other emotional ties existing between the child and parent, siblings, and other relatives, and the degree of harm to the child if parental rights are terminated;

(6) the likelihood the child, especially if older, will remain in longterm foster care if parental rights are terminated;

(7) the child’s ability to form a strong relationship with a parental substitute and be able to enter into a more stable and permanent family relationship;

(8) the length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(9) the depth of the relationship existing between the child and the present custodian;

(10) the reasonable wishes of the child; and

(11) the recommendations for the child provided by the guardian ad litem. See Section 39.810, Florida Statutes.
Finally, the court must also find that termination of parental rights is the least restrictive means of protecting the child from serious harm. This least restrictive means element involves due process concerns. It requires the Department of Children and Families to show that it has made a good faith effort to rehabilitate the parent and reunite the family, such as through a case plan for the child (except in extraordinary cases, such as those involving egregious abuse).
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 14H from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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