W.T., FATHER OF K.J.T. AND C.J.T., CHILDREN, APPELLANT,
v.
K.F.Y., MOTHER, AND M.R.Y., STEPFATHER, OF K.J.T. AND C.J.T., CHILDREN, APPELLEES
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The court held that the termination of parental rights must be reversed because the appellant was unable to attend the hearing due to circumstances beyond his control and because no transcript of the proceedings was provided.
The appellant missed a hearing on the termination of his parental rights due to an error by the Department of Corrections, despite arranging to appear…
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The trial court terminated W.T.’s parental rights and granted Appellees’ petition for stepparent adoption after a hearing. W.T. appeals the order terminating his parental rights because he is indigent and incarcerated and was unrepresented below. We agree that reversal is appropriate.
*1217Despite receiving notice of the hearing and arranging to appear telephonically, the Department of Corrections inadvertently caused Appellant to miss the hearing, which proceeded in his absence. Florida Rule of Juvenile Procedure 8.525(d) provides that “all parties have the right to be present at all termination hearings.” In a similar context, this court has held that a default consent termination should not be entered when the parent’s failure to appear is due to forces beyond his control. See A.H. v. Dep’t. of Children and Families, 22 So.3d 801 (Fla. 5th DCA 2009). We believe the same result should apply in this case.
Further, there is neither a transcript, nor an adequate substitute, memorializing the proceedings before the trial court as required by Florida Rule of Juvenile Procedure 8.255(g). See J.D.L. v. W.J.J., Jr., 54 So.3d 603 (Fla. 5th DCA 2011). Accordingly, we reverse the final judgment and remand to the trial court to conduct a new hearing with the Appellant present, if he elects to exercise that right. See Fla. R.App. P. 9.315(b).1
REVERSED AND REMANDED WITH INSTRUCTIONS.
TORPY, LAWSON and COHEN, JJ., concur.
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J.C. v. Catholic Charities of Central Florida, 98 So. 3d 260 (Fla. 5th DCA 2012)…iew. In this case, there is no record of the proceeding. There was no court reporter present, and as a consequence, there is no transcription of the hearing. Under these circumstances, there can be no meaningful appellate review. See W.T. v. K.F.Y., 59 So. 3d 1216 (Fla. 5th DCA 2011). In addition, J.C. timely requested the appointment of counsel. As an indigent, he is entitled to counsel. See M.E.K. v. R.L.K, 921 So. 2d 787, 791 (Fla. 5th DCA 2006). Accordingly, the matter is reversed and remanded for a new t…
Authorities Cited
- A.H. v. Dep't of Child. & Families, 22 So. 3d 801 (Fla. 5th DCA 2009)
- Salomon Molyneaux v. State, 54 So. 3d 603 (Fla. 3d DCA 2011)
- J.D.L. v. W.J.J., JR., 54 So. 3d 603 (Fla. 5th DCA 2011)