J.S., MOTHER OF J.W., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
Explore caselaw by topic → Browse Statutory Grounds For Termination cases and more on FLexlaw
J.S., the mother of J.W., appeals the final order entered by the trial court terminating her parental rights to J.W. She concedes that competent, substantial evidence supports the termination of her parental rights (TPR) on two of the statutory grounds alleged by the Department of Children and Families (DCF) in the TPR petition. However, J.S. contends that the trial court violated her due process rights by terminating her parental rights based upon additional grounds not set forth in the TPR petition. DCF properly concedes that the grounds that were not alleged in its petition should be stricken from the trial court’s order; specifically, sections 39.806(1)©, 39.806(l)(h), 39.806(l)(g) and 39.806(1)(£) of the Florida Statutes (2007). Accordingly, we strike those portions of *661the trial court’s order and otherwise affirm. See R.A. v. Dep’t of Children & Families, 878 So.2d 1272 (Fla. 5th DCA 2004).
AFFIRMED as modified.
SAWAYA and ORFINGER, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Riley Leonard Griffis, Jr. v. State, 163 So. 3d 1256 (Fla. 1st DCA 2015)…045(l)(a)2.; 784.045(1)(a)1., Fla. Stat. (2012). The state properly concedes that one of the two convictions must be vacated, as the dual convictions constitute a violation of his constitutional protection against double jeopardy. See Icon v. State, 44 So. 3d 660, 660 (Fla. 5th DCA [*1257] 2010); Cook v. State, 813 So. 2d 1010, 1012 (Fla. 1st DCA 2002); Maxwell v. State, 803 So. 2d 815, 820 (Fla. 5th DCA 2001). We reverse and remand to the trial court with directions that the court vacate the conviction and…
Authorities Cited
- R.A. v. Dep't of Child. & Families, 878 So. 2d 1272 (Fla. 5th DCA 2004)