THE FLORIDA BAR, COMPLAINANT,
v.
JOSEPH J. HIGGINS, RESPONDENT
PER CURIAM.
This matter is before the Court on Petition for Approval of Consent Judgment to violations of Disciplinary Rules 1-102(A)(1), 1-102(A)(3), 1-102(A)(4), 1-102(A)(6) of the Code of Professional Responsibility and article XI, Rules 11.02(3)(a) and 11.02(3)(b) of the Integration Rule of The Florida Bar. We approve the petition and we hereby disbar respondent, Joseph J. Higgins, from the practice of law in the State of Florida for a period of three (3) years effective immediately.
Judgment for costs in the amount of $150.00 is hereby entered against respondent, for which sum let execution issue.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARK-ETT, JJ., concur.
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IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)…andonment or neglect by the parent but not as the actual reason for the termination.” The preliminary summary also comments that, “The Supreme Court also answered the question of incarceration as a grounds for termination in In the Interest of B.W., 498 So. 2d 946 (Fla.1986),” holding “that incarceration alone is not grounds for termination, rather the state was still obligated to show that the parent abused, abandoned or neglected the child by his or her actions independent of the imprisonment,” and that “co…
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B.C. v. Fla. Dep't OF Child. & Families, 887 So. 2d 1046 (Fla. 2004)…at incarceration for a substantial portion of the child’s remaining minority was the only viable basis for termination. This Court has held that incarceration alone does not, as a matter of law, authorize termination for abandonment. See In re B.W., 498 So. 2d 946, 948 (Fla.1986). . Chapter 99-193 was enacted to make "technical and necessary changes to chapter 39, F.S., to correct errors and inconsistencies” in the 1998 legislation. Fla. S. Comms. on Judiciary and Child. & Fams., SB 1666 (1999) Staff Analysi…
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In the Interest of T.B. v. Dep't of Child. & Fam. Servs., 819 So. 2d 270 (Fla. 2d DCA 2002)…D.C., 763 So. 2d 1051 (Fla. 4th DCA 1999). However, incarceration alone is insufficient grounds to terminate parental rights on the grounds of abandonment. W.T.J. v. E.W.R., 721 So. 2d 723 (Fla.1998); W.W. v. Dep’t of Health & Rehabilitative Servs., 498 So. 2d 946 (Fla.1986). It is also improper to terminate parental rights if a parent is unable to financially provide for the child or to assume parental obligations due to incarceration. E.L.H. v. State, 687 So. 2d 924 (Fla. 2d DCA 1997). Incarceration The D…
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