IN THE INTEREST OF S.F., S.B. AND T.S., CHILDREN

Fla. 1st DCA | 1994-03-21
No. 93-1758
MINER, KAHN and LAWRENCE, JJ., concur.
633 So. 2d 120 Florida District Court of Appeal, First District (1994) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The children’s guardian ad litem filed a petition to terminate the mother’s parental rights. The trial court dismissed the petition as to two of the children who had been placed with their natural fathers. Apparently, the trial court believed that termination proceedings could not be commenced against one parent where the other natural parent would be a satisfactory placement. On appeal, the guardian ad litem argues that termination could indeed be pursued against one parent, despite the availability of the other natural parent to take the child. The natural mother, conceding error, agrees. For our part, we can find no provision in chapter 39 that would preclude instituting termination proceedings under the circumstances presented.

Accordingly, the trial court’s dismissal of the petition is REVERSED and the case is REMANDED for further proceedings.

MINER, KAHN and LAWRENCE, JJ., concur.


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  • In the Interest of A.C. v. The Natural Parents OF A.C., 660 So. 2d 330 (Fla. 2d DCA 1995)
    …mission that occurred only once, but was of such intensity, magnitude, or severity as to endanger the life of the child. We disagree with the trial court’s interpretation of section 39.464. As noted by the First District in In the Interest of S.F., 633 So. 2d 120 (Fla. 1st DCA 1994), chapter 39 does not preclude instituting termination proceedings against one parent where the other natural parent would be a satisfactory placement. Sections 39.464(3) and (4) allow a petition for termination where the parent o…

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