IN THE INTEREST OF T.M., A CHILD. A.B., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND GUARDIAN AD LITEM PROGRAM, APPELLEES
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A.B. appealed the termination of her parental rights to her son T.M. The appellate court reversed because the trial court failed to consider and make written findings regarding the child's manifest best interests as required by Florida statute, despite acknowledging it would do so at a subsequent proceeding that never occurred.
The court held that the trial court's failure to conduct a subsequent proceeding to consider the manifest best interests of the child and to enter written findings on the statutory factors constituted reversible error requiring reversal and remand.
[1] A trial court must consider the manifest best interests of the child in a hearing on a petition for termination of parental rights.
[2] Failure to consider or evaluate the statutory factors in determining the manifest best interests of the child is reversible error in parental rights termination proceedin…
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Join FLexlaw to unlock all legal intelligence“In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child.”
This quote states the core statutory requirement from Section 39.810, Florida Statutes that the trial court must follow.
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Join FLexlaw to unlock all legal intelligenceThe trial court issued an order terminating A.B.'s parental rights to her son T.M. In the order, the court stated it would consider the manifest best …
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A.B. appeals an order terminating her parental rights to her son, T.M. Both the Department of Children and Family Services and the Guardian ad Litem Program filed a concession of error, acknowledging that the trial court’s order must be reversed because the court failed to address the manifest best interests of the child. In the trial court’s order, it stated that the “court will consider the manifest best interest of the child at a subsequent proceeding.” In the Department’s concession of error, it notes that the trial court did not conduct a subsequent proceeding concerning the child’s manifest best interests.
Section 39.810, Florida Statutes (2009), provides as follows, “In a hearing on a petition for termination of parental rights, the court shall consider the manifest best interests of the child.” The statute notes eleven factors that a trial court must consider and evaluate in determining the manifest best interests of the child. See In re A.C., 751 So.2d 667, 669 (Fla. 2d DCA 2000) (“[i]n the absence of written findings, the final judgment does not satisfy the statutory requirement that the trial court consider and evaluate the manifest best interests of the children.”); In Interest of C.K., 601 So.2d 1331, 1331 (Fla. 2d DCA 1992) (holding that trial court’s failure to consider or evaluate the statutory factors in determining that termination of parental rights was in the manifest best interests of the child was reversible error).
Accordingly, we reverse the order terminating the Mother’s parental rights and remand with directions that the trial court conduct further proceedings to consider each factor in section 39.810 and enter a written order evidencing its findings.
Reversed and remanded.
CASANUEVA, C.J., and KELLY, J., Concur.
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Citator
Cited By
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In the Interest of E.R. and A.R. v. S.H. and F.R., 49 So. 3d 846 (Fla. 2d DCA 2010)…ess all of the statutory factors as it was required to do. See § 39.810 (providing that in a hearing on a TPR petition, “the court shall consider the manifest best interests of the child”) (emphasis added); A.B. v. Dep’t of Children & Family Servs., 40 So. 3d 928 (Fla. 2d DCA 2010) (reversing and remanding for further proceedings where trial court’s order failed to address manifest best interest factors on the basis that statute requires courts to consider and evaluate each factor and to enter á written orde…
Authorities Cited
- In the Interest of A.C. and A.M. v. State, 751 So. 2d 667 (Fla. 2d DCA 2000)
- IN the Interest of C.K. v. State, 601 So. 2d 1331 (Fla. 2d DCA 1992)
- State v. Honorable J. Rogers Padgett, 601 So. 2d 1331 (Fla. 2d DCA 1992)