IN THE INTEREST OF A.G.N., JR., A CHILD
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Florida appellate court affirmed trial court's finding that a child was dependent due to abandonment and neglect, and properly committed to a private adoption agency after parents voluntarily surrendered parental rights.
A child may be adjudged dependent and committed for adoption when the trial court finds abandonment and neglect as defined by statute and the parents have knowingly, freely, and voluntarily executed surrender and consent forms.
[1] A trial court does not abuse its discretion in adjudging a child dependent based on abandonment and neglect when the record supports such findings under section 39.01(1)…
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Join FLexlaw to unlock all legal intelligenceA.G.N., Jr. was found to have been abandoned and neglected by his natural parents. The parents executed surrender, consent, and waiver of notice forms…
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WIGGINTON, Judge.
This cause is before us to review the trial court’s final “Order of Commitment for Subsequent Adoption,” wherein it adjudged A.G.N., Jr., to be a dependent child under chapter 39, Florida Statutes, and ordered the child to be permanently committed to the care, custody and control of Christian Family Services, Inc., for subsequent adoption. The crux of the issue before us is whether A.G.N., Jr., is a dependent child as defined by section 39.01(9). Cognizant of the outstanding purposes of chapter 39, those being the preservation and strengthening of the child’s family ties, and the safeguarding of the child’s welfare, section 39.001, we carefully and conscientiously scrutinized the record before us only to conclude that the trial court did not abuse its discretion in finding A.G.N., Jr., to have been abandoned and neglected by his natural parents as those terms are defined by section 39.01(1) and (26), and consequently, to be a dependent child. We conclude, as did the trial court, that the surrender, consent and waiver of notice forms executed by the parents in favor of Christian Family Services, Inc., were knowingly, freely and voluntarily given, and concur in the trial court’s determination that A.G.N., Jr., be removed from his parents’ custody.
AFFIRMED.
JOAN OS and NIMMONS, JJ., concur.
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In the Interest of I.B.J. v. Child's. Home Soc'y OF Fla., 497 So. 2d 1265 (Fla. 5th DCA 1986)…equent adoption. We recognize and distinguish the adoption cases which require fraud, duress or lack of understanding to withdraw a consent.1 Each of these cases involved private adoptions. We also distinguish this case from In Interest of A. G.N., 460 So. 2d 498 (Fla. 1st DCA 1984). In that case, as here, the parents wished to withdraw their surrender and consent at the dependency hearing. The first district noted that the parents had knowingly signed a consent to adopt. However, the court in that case dete…