IN THE INTEREST OF R.W., A CHILD. C.W., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND GUARDIAN AD LITEM PROGRAM, APPELLEES
C.W., the Father, challenges the trial court’s final judgment terminating his parental rights to his child, R.W. The Father, who is a prisoner, apparently indicated over the telephone a willingness to surrender his rights if certain conditions were met, but he never executed written surrender forms. The Department of Children and Family Services and the Guardian ad Litem Program concede that it was error to terminate the Father’s parental rights on the ground that he voluntarily surrendered his rights when he did not execute the necessary surrender forms. § 39.806(l)(a), Fla. Stat. (2008). Accordingly, we reverse the final judgment and remand for further proceedings.
Reversed and remanded.
CASANUEVA, C.J., and ALTENBERND and VILLANTI, JJ., Concur.
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T.H. v. Dep't of Child. & Families, 56 So. 3d 150 (Fla. 4th DCA 2011)…xecuted as required by section 39.806(l)(a)(l). It is error to terminate parental rights when the parent has not executed the necessary surrender forms when DCF seeks to terminate parental rights pursuant to section 39.806(l)(a)(l). See In re R.W., 12 So. 3d 905, 905 (Fla. 2d DCA 2009). While DCF cites Department of Children & Families v. A.S., 927 So. 2d 204 (Fla. 5th DCA 2006), for the proposition that Florida law permits an oral surrender, it is not on point; the case did not involve a termination of par…