A.R., THE MOTHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A Florida appellate court affirmed the termination of a mother's parental rights under Florida Statute section 39.806(1)(l), which permits termination when a child has been placed in out-of-home care on three or more occasions due to parental conduct. The court certified a question to the Florida Supreme Court concerning whether this statutory provision unconstitutionally removes the state's burden to prove substantial risk of harm and least restrictive means.
The court affirmed the termination of parental rights under section 39.806(1)(l) but certified the constitutional question to the Florida Supreme Court. The affirmance was issued while simultaneously questioning the constitutionality of the statutory provision applied.
[1] Under Florida Statutes section 39.806(1)(l), parental rights may be terminated when a child or sibling has been placed in out-of-home care on three or more occasions and…
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Join FLexlaw to unlock all legal intelligence“DOES THE 2008 ADDITION OF SUBPARAGRAPH (l) TO SECTION 39.806(1), FLORIDA STATUTES, WHICH PROVIDES FOR TERMINATION OF PARENTAL RIGHTS WHEN 'ON THREE OR MORE OCCASIONS THE CHILD OR ANOTHER CHILD OF THE PARENT OR PARENTS HAS BEEN PLACED IN OUT-OF-HOME CARE . . . AND THE CONDITIONS THAT LED TO THE CHILD'S OUT-OF-HOME PLACEMENT WERE CAUSED BY THE PARENT OR PARENTS,' UNCONSTITUTIONALLY REMOVE THE STATE'S BURDEN TO PROVE THAT THE PARENT'S OR PARENTS' CONDUCT POSES A SUBSTANTIAL RISK OF HARM TO THE CHILD OR CHILDREN AFFECTED BY THE TERMINATION OF PARENTAL RIGHTS AND IS THE LEAST RESTRICTIVE MEANS OF PROTECTING THE CHILD OR CHILDREN FROM SERIOUS HARM?”
The certified question to the Florida Supreme Court regarding the constitutionality of section 39.806(1)(l)
A mother's parental rights were terminated under section 39.806(1)(l) after a child was placed in out-of-home care on multiple occasions as a result o…
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Carolyn Schwarz, Children’s Legal Services, Fort Lauderdale, for appellee Department of Children and Families.
Sara Elizabeth Goldfarb, Statewide Director of Appeals, and Samantha Costas Valley, Senior Attorney, Statewide Guardian Ad Litem Office, Tallahassee, for appellee Guardian ad Litem.
ON MOTION FOR WRITTEN OPINION AND FOR CERTIFICATION OF QUESTION OF GREAT PUBLIC IMPORTANCE PER CURIAM.
We grant Appellant’s motion for written opinion and for certification of question of great public importance, withdraw our per curiam affirmance dated January 13, 2022, and issue the following in its place:
We affirm the final judgment of termination of the Mother’s parental rights under section 39.806(1)(l), Florida Statutes (2020). See K.A. v. Dep’t of Child. & Fams., 46 Fla. L. Weekly D2609 (Fla. 4th DCA Dec. 8, 2021); N.B. v. Fla. Dep’t of Child. & Fams., 183 So. 3d 1186 (Fla. 3d DCA 2016).
As we did in K.A., we once again certify the following question to the supreme court concerning the constitutionality of section 39.806(1)(l):
DOES THE 2008 ADDITION OF SUBPARAGRAPH (l) TO SECTION 39.806(1), FLORIDA STATUTES, WHICH PROVIDES FOR TERMINATION OF PARENTAL RIGHTS WHEN “ON THREE OR MORE OCCASIONS THE CHILD OR ANOTHER CHILD OF THE PARENT OR PARENTS HAS BEEN PLACED IN OUT-OF-HOME CARE . . . AND THE CONDITIONS THAT LED TO THE CHILD’S OUT-OF-HOME PLACEMENT WERE CAUSED BY THE PARENT OR PARENTS,” UNCONSTITUTIONALLY REMOVE THE STATE’S BURDEN TO PROVE THAT THE PARENT’S OR PARENTS’ CONDUCT POSES A SUBSTANTIAL RISK OF HARM TO THE CHILD OR CHILDREN AFFECTED BY THE TERMINATION OF PARENTAL RIGHTS AND IS THE LEAST RESTRICTIVE MEANS OF PROTECTING THE CHILD OR CHILDREN FROM SERIOUS HARM? Affirmed, and question certified. DAMOORGIAN, CIKLIN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Citator
Cited By
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A.R. v. Dep't of Child. & Families, 46 Fla. L. Weekly D2609 (Fla. 4th DCA 2022)
Authorities Cited
- N.B. v. Fla. Dep't OF Child. & Families, 183 So. 3d 1186 (Fla. 3d DCA 2016)
- A.R. v. Dep't of Child. & Families, 46 Fla. L. Weekly D2609 (Fla. 4th DCA 2022)