Few cases are more difficult than those involving the termination of parental rights. Florida law requires courts to balance the rights of parents with the best interests and safety of children. In some situations, the Department of Children and Families may proceed under an expedited process that does not require a reunification plan or services before seeking termination. A recent decision from a Florida court illustrates how this process operates and why the appellate court will uphold such a judgment when the record demonstrates sufficient evidence. If you are facing a dependency or termination case in Florida, a Miami family law attorney can help ensure that your rights and your child’s welfare are both protected.
History of the Case
It is reported that the mother appealed a July 25, 2024, final judgment terminating her parental rights as to her daughter. Although the record reflected that in the months before trial, she made progress in employment, housing, and sobriety, these improvements occurred while the child was in a temporary shelter and while she was not responsible for daily parenting.
Allegedly, the child had been sheltered due to the mother’s mental health and behavioral struggles. These issues mirrored those that had previously led to the termination of her parental rights to two other children, one in 2007 and another in 2018.
It is further reported that the Department of Children and Families proceeded under section 39.806(2) of the Florida Statutes, which allows for an expedited process. This provision authorizes the Department to seek termination of parental rights without first offering reunification services when a parent has previously had rights terminated as to other children for similar reasons.
It is alleged that the trial court found sufficient grounds for termination under sections 39.806(1)(c), (i), and (l), concluding that the statutory requirements were satisfied, and that termination was necessary to protect the child’s welfare.
Standard for Parental Termination
On appeal, the court emphasized the standard of review in parental termination cases. Trial courts are afforded significant deference in their factual findings, and the appellate court will uphold a judgment if it is supported by competent, substantial evidence.
The court confirmed that three conditions must be met for termination: first, the existence of at least one statutory ground for termination; second, that termination is in the manifest best interests of the child; and third, that termination represents the least restrictive means to protect the child from harm. The court determined that all three requirements were satisfied in this case.
The record showed that the mother’s past history, coupled with the recurrence of the same issues, established a clear and convincing basis for termination under section 39.806(1). The child’s best interests were served by ensuring stability and safety, and the expedited termination process under section 39.806(2) was the least restrictive means to achieve that protection.
Accordingly, the appellate court affirmed the trial court’s judgment terminating the mother’s parental rights.
Work with a Knowledgeable Miami Dependency and Parental Rights Attorney
Cases involving the termination of parental rights involve some of the most serious consequences in family law. If you are involved in a dependency case or facing potential termination of parental rights, it is critical to work with an attorney who understands both the statutory framework and the procedural safeguards. At The Law Offices of Sandy T. Fox, P.A., our knowledgeable Miami family law attorneys are committed to protecting your rights and ensuring that all court procedures are properly followed. Call us today at 800-596-0579 or contact us online to schedule a confidential consultation. We serve clients throughout Miami and South Florida.