B.D., MOTHER OF K.D., A CHILD, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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We reverse the final judgment terminating appellant’s parental rights, rendered after the entry of a consent by default. Constructive consent should be the disfavored result in a termination of parental rights proceeding. A.H. v. Dep’t of Children and Families, 22 So.3d 801 (Fla. 5th DCA 2009). The trial court should have either granted a short continuance or permitted appellant to appear by telephone where the record reflects that appellant was making a reasonable effort to personally appear at the scheduled adjudicatory hearing. D.M. v. Dep’t of Children and Families, 921 So.2d 737 (Fla. 5th DCA 2006); see also B.H. v. Dep’t of Children and Families, 882 So.2d 1099, 1100-01 (Fla. 4th DCA 2004) (“Courts have made a distinction between parents who fail to appear at a hearing without a reasonable explanation versus those who have made some reasonable effort to be present.”)
REVERSED and REMANDED for New Adjudicatory Hearing.
ORFINGER, LAWSON and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In the Interest of S.M. and M.M. v. Dep't of Child. & Families & Guardian Ad Litem Program, 184 So. 3d 1235 (Fla. 2d DCA 2016)…. 2d 986, 988 (Fla. 3d DCA 2003)). Termination of parental rights — which are fundamental rights — by consent implicitly derived from a parent’s' failure to appear at an adjudicatory hearing is “disfavored,” See B.D. v. Dep’t of Children & Families, 46 So. 3d 650, 650 (Fla. 5th DCA 2010). Where the record reflects that the parent was making a reasonable effort to appear at the scheduled hearing, the trial court should either grant a short continuance or permit the parent to appear by telephone. Id. (citing D…
Authorities Cited
- B.H., SR. v. Dep't of Child. & Families, 882 So. 2d 1099 (Fla. 4th DCA 2004)
- A.H. v. Dep't of Child. & Families, 22 So. 3d 801 (Fla. 5th DCA 2009)
- D.M. v. Dep't of Child. & Families, 921 So. 2d 737 (Fla. 5th DCA 2006)
- Austin v. Crosby, 921 So. 2d 737 (Fla. 1st DCA 2006)