D.G.
v.
DCF

Fla. 5th DCA | 2018-08-13
No. 5D18-1049
Florida District Court of Appeal, Fifth District (2018)

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Holding

Parental rights may be terminated by clear and convincing evidence that continuing the relationship with an incarcerated parent would be harmful to the child and termination is in the child's best interest.


Headnotes

[1] A trial court's order terminating parental rights will be affirmed if the record supports the finding that the Department of Children and Families proved, by clear and co…

[2] The Department of Children and Families is required to prove only one statutory ground for termination of parental rights.

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Facts & Procedural History

D.G. appealed the termination of his parental rights to D.L. The Department of Children and Families sought termination based on D.G.'s incarceration …

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Opinion of the Court

Thomasina Moore, Statewide Director of Appeals, and Sara Elizabeth Goldfarb, Appellate Counsel, Guardian ad Litem Program, Tallahassee, for Guardian ad Litem.

PER CURIAM.

D.G. appeals the order terminating his parental rights to D.L. We affirm. The record supports the trial court’s findings that the Department of Children and Families (“DCF”) proved, by clear and convincing evidence, a ground for termination pursuant to section 39.806(1)(d)(3), Florida Statutes (2017).1 Because DCF was required to prove only one statutory ground for termination, we do not need to address whether the trial court correctly relied on other grounds for termination.2 See § 39.802(4)(a), Fla. Stat. (2017); S.D. v. Dep’t of Child. & Fam. Servs., 80 So. 3d 438 (Fla. 2d DCA 2012).

AFFIRMED. COHEN, C.J., and TORPY and EVANDER, JJ., concur. 1 Section 39.806(1)(d)(3) provides that grounds for termination of parental rights may be established where the court determines by clear and convincing evidence “that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of parental rights of an incarcerated parent is in the best interest of the child.”

Footnotes
2 We recognize that DCF conceded that some of the statutory grounds relied upon by the trial court for termination were not supported by the evidence.

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