IN THE INTEREST OF A.R., A CHILD. R.R., APPELLANT,
v.
M.M., APPELLEE

Fla. 2d DCA | 2014-07-18
No. 2D13-3036
MORRIS and SLEET, JJ., Concur.
143 So. 3d 449 Florida District Court of Appeal, Second District (2014) Positive Treatment
Cited by 4 cases

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Synopsis

A Florida appellate court reversed a trial court's termination of an incarcerated father's parental rights, holding that termination under the incarceration statute cannot rest exclusively on the length of incarceration but must consider whether termination is the least restrictive means of protecting the child and whether it serves the child's manifest best interests, with full consideration of the parent-child relationship and efforts to maintain contact.


Holding

The court held that termination of parental rights under the incarceration statute cannot rest exclusively on the length of incarceration but must also consider whether termination is the least restrictive means of protecting the child from harm, whether it serves the child's manifest best interests, the actual effect of incarceration on the parent-child relationship, and the incarcerated parent's efforts to maintain the relationship. The trial court erred by failing to adequately address these factors and by preventing the father from presenting evidence about his relationship with the child and the mother's interference with that relationship.


Headnotes

[1] Termination of parental rights based solely on the length of a parent's incarceration is insufficient; courts must also consider whether termination is the least restrict…

[2] An incarcerated parent's efforts to maintain a relationship with their child are relevant to the determination of whether termination of parental rights is the least rest…

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Key Quotes

“Termination of the parental rights of a parent who has played a supportive and beneficial role in the child's life despite the disabilities of incarceration probably would not meet these additional statutory and constitutional criteria.”

Establishes that an incarcerated parent's positive relationship with the child is relevant to whether termination is appropriate under the statute

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Facts & Procedural History

The mother filed a petition to terminate the father's parental rights in August 2012, arguing that his expected incarceration would constitute a signi…

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Opinion of the Court
KHOUZAM, Judge.

KHOUZAM, Judge.

The Father appeals the final judgment terminating his parental rights to his minor child, A.R. On August 16, 2012, the Mother filed a private petition for involuntary termination of the Father’s parental rights, arguing that the Father’s parental rights should be terminated pursuant to— among other grounds — section 39.806(l)(d)(l), Florida Statutes (2012). That section provides for termination of parental rights where “[t]he period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s minority.” After a hearing, the court granted the petition and terminated the Father’s parental rights on this ground.

On appeal, the Father argues that the circuit court erred by failing to find that termination was the least restrictive means of preventing harm to the child and failing to adequately support its finding that termination was in the child’s manifest best interests. He also claims that the court erred by not allowing him to present evidence that the Mother thwarted his efforts to maintain a relationship with the child, finding that such evidence was irrelevant to an analysis under section 39.806(l)(d)(l). We agree that the court erred and therefore reverse for a full evidentiary hearing.

The Florida Supreme Court has held that in addressing the termination of parental rights under section 39.806(l)(d)(l), *450a court must not only consider the length of the parent’s incarceration but also whether termination is the least restrictive means of protecting the child from harm and in the manifest best interests of the child. See B.C. v. Fla. Dep’t of Children & Families, 887 So.2d 1046, 1053 (Fla.2004). The incarcerated parent’s relationship with the child and efforts to maintain that relationship while in prison are relevant to these inquiries. As the supreme court has stated:

Termination of the parental rights of a parent who has played a supportive and beneficial role in the child’s life despite the disabilities of incarceration probably would not meet these additional statutory and constitutional criteria. Cf [In Interest of B.W., 498 So.2d 946, 948 (Fla.1986) ] (stating that “efforts, or lack thereof,” by incarcerated parent “to assume his parental duties through communicating with and supporting his children must be measured against his limited opportunity to assume those duties while imprisoned”). Further, termination of an incarcerated parent’s rights when another parent retains custody, which is permitted under section 89.810(3), Florida Statutes, would in many cases be contrary to the child’s best interests if the custodial parent facilitates contact with the incarcerated parent.
In sum, termination cannot rest exclusively on the length of incarceration. The actual effect of incarceration on the parent-child relationship must also be considered in light of the additional statutory and constitutional requirements. As we recently stated in [Florida Department of Children & Families v. F.L., 880 So.2d 602 (Fla.2004) ] concerning the court’s obligation to assess when termination is the least restrictive means of protecting the child from serious harm, the termination decision as a whole “can be made only after a judicious assessment of all relevant circumstances.” 880 So.2d at 608. We are confident that trial judges will diligently apply all the statutory and constitutional criteria in ruling on petitions for termination.

Id. at 1053-54.

Here, the court completely failed to address in its final judgment whether termination was the least restrictive means of protecting the child. And though the court did recite the required statutory factors on the manifest best interests of the child, the findings on these factors show that the court placed undue focus on the fact that the Father was incarcerated, failing to consider other relevant factors, such as the nature of the Father’s relationship with the child. Indeed, the record shows that the court limited questioning about the Father’s attempts to maintain a relationship with the child and the extent to which the Mother thwarted the relationship between the Father and the child. So the court did not give the Father the opportunity to present evidence on this important factor. Accordingly, we reverse and remand for a full evidentiary hearing.

Reversed and remanded.

MORRIS and SLEET, JJ., Concur.


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Citator

Cited By

  • In the Interest of: B.Y.G.M., 176 So. 3d 290 (Fla. 3d DCA 2015)
    …6, 577-81 (Fla. 1st DCA 2015)(stating that Y.V. did not request any services from the state; reversing the dismissal of a private petition and remanding for an adjudicatory hearing because prima facie case of dependency was established); In re A.R., 143 So. 3d 449, 449-50 (Fla. 2d DCA 2014)(involving the mother's private petition for involuntary termination of an incarcerated father's parental rights; reversing and remanding for full evidentiary hearing); Fla. Dep’t of Children & Families v. Y.C., 82 So. 3d 1…
  • In the Interest of B.W.G and B.J.G. v. J.L.G., 198 So. 3d 1025 (Fla. 2d DCA 2016)
    …arental rights if a parent is unable to financially provide for the child or to assume parental obligations due to incarceration”). This is so because an incarcerated person has very limited opportunities to assume parental duties. See R.R. v. M.M., 143 So. 3d 449, 450 (Fla. 2d DCA 2014). Similarly, in this case, because of the injunctions, the no-contact order, and the actions of the father and his wife, the mother’s ability and opportunity to contact, locate, and communicate with her children were extremel…

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