ORDER INVOLUNTARILY TERMINATING PARENTAL RIGHTS
THIS CAUSE came before this court on .....(all dates of the adjudicatory hearing).....for an adjudicatory hearing on the Petition for Termination of Parental Rights filed by .....(name) ......Present before the court were:
..... (Name)....., Petitioner
..... (Name)....., Attorney for the petitioner
..... (Name)....., Attorney for the department
..... (Name)....., Department caseworker
..... (Name)....., Child
..... (Name)....., Attorney for Child
..... (Name)....., Mother
..... (Name)....., Attorney for mother
..... (Name)....., Father of .....(child).....
..... (Name)....., Attorney for father
..... (Name)....., Guardian ad litem
..... (Name)....., Attorney for guardian ad litem
..... (Name)....., Legal custodian
..... (Name)....., Attorney for legal custodian
..... (Name)....., Other : ..........
COMMENT: The name of the guardian ad litem and the attorney ad litem, if appointed, must be listed on the order, even if he or she was not present at the hearing.
The court has carefully considered and weighed the testimony of all witnesses. The court has received and reviewed all exhibits.
COMMENT: Add the following only if necessary.
The petitioner has sought termination of the parental rights of (parent(s)) who is/are subject of petition)......
The court finds that the parent(s), .....(name(s))....., has/have .....(list grounds proved)....., under chapter 39, Florida Statutes. The grounds were proved by clear and convincing evidence. Further, the court finds that termination of parental rights of the parent(s), ..... ( name(s) ) ....., is clearly in the manifest best interests of the child(ren). The findings of fact and conclusions of law supporting this decision are as follows:
1. At all stages of these proceedings the parent(s) was/were advised of his/her/their right to legal counsel, or was/were in fact represented by counsel.2. On or about .....(date(s))....., the following occurred: .....(acts which were basis for dependency or TPR, if filed directly)......3. The mother has .....(grounds for TPR).....the minor child(ren) within the meaning and intent of section 39.806, Florida Statutes, in that: .....(findings that form the statutory basis for grounds)......4. The father has .....(grounds for TPR).....the minor child(ren) within the meaning and intent of section 39.806, Florida Statutes, in that: .....(findings that form the statutory basis for grounds)......5. The minor child(ren) to whom .....(parent's(s') name(s)).....parental rights are being terminated are at substantial risk of significant harm. Termination of parental rights is the least restrictive means to protect the child(ren) from harm.6. Under the provisions of sections 39.810(1)-(11), Florida Statutes, it is in the manifest best interests of the child(ren) for parental rights of .....(name(s)).....to be terminated for the reasons below. The court has considered all relevant factors and finds as follows: (a) Regarding any suitable permanent custody arrangement with a relative of the child(ren), the court finds ...........(b) Regarding the ability and disposition of the parent or parents to provide the child(ren) with food, clothing, medical care, or other remedial care recognized and permitted under state law instead of medical care, and other material needs of the child(ren), the court finds ...........(c) Regarding the capacity of the parent or parents to care for the child(ren) to the extent that the child(ren)'s safety, well-being, and physical, mental, and emotional health will not be endangered upon the child(ren)'s return home, the court finds ...........(d) Regarding the present mental and physical health needs of the child(ren) and such future needs of the child(ren) to the extent that such future needs can be ascertained based on the present condition of the child(ren), the court finds ...........(e) Regarding the love, affection, and other emotional ties existing between the child(ren) and the child(ren)'s parent or parents, siblings, and other relatives, and the degree of harm to the child(ren) that would arise from the termination of parental rights and duties, the court finds ...........(f) Regarding the likelihood of an older child remaining in long-term foster care upon termination of parental rights, due to emotional or behavioral problems or any special needs of the child(ren), the court finds ...........(g) Regarding the child(ren)'s ability to form a significant relationship with a parental substitute and the likelihood that the child(ren) will enter into a more stable and permanent family relationship as a result of permanent termination of parental rights and duties, the court finds ...........(h) Regarding the length of time that the child(ren) has lived in a stable, satisfactory environment and the desirability of maintaining continuity, the court finds ...........(i) Regarding the depth of the relationship existing between the child(ren) and present custodian, the court finds ...........(j) Regarding the reasonable preferences and wishes of the child(ren), if the court deems the child(ren) to be of sufficient intelligence, understanding, and experience to express a preference, the court finds ...........(k) Regarding the recommendations for the child(ren) provided by the child(ren)'s guardian ad litem or the legal representative, the court finds ........... (l) Regarding other relevant factors including .........., the court finds ........... COMMENT: Add items 7, 8, and 9 as applicable.
7. Under section 39.811(6) (..........), Florida Statutes, the court terminates the parental rights of only .....(parent whose rights are being terminated).....as to the minor child(ren), .....(child(ren)'s name(s))...... Specifically, the court finds that .....(specific findings of fact under section 39.811(6), Florida Statutes)...... 8. Under sections 39.509(5) and 39.811(7)(a), Florida Statutes, the court finds that continued grandparental visitation is not in the best interests of the child(ren) or that such visitation would interfere with the permanency goals for the child(ren) for the following reasons ...........9. Under section 39.811(7)(b), Florida Statutes, the court finds that although parental rights are being terminated, the best interests of .....(names of child(ren) to which this provision applies).....support continued communication or contact by .....(names of parents, siblings, or relatives of the parent whose rights are terminated and to which this provision applies)..... except as provided above. The nature and frequency of the communication or contact shall be as follows ........... It may be reviewed on motion of any party or an identified prospective adoptive parent.THEREFORE, after weighing the credibility of the witnesses, weighing all statutory factors, and based on the findings of fact and conclusions of law above, the court hereby ORDERS AND ADJUDGES THAT:
1. The petition filed by .....(name).....is granted as to the parent(s), .....(name(s))......2. The parental rights of the father, .....(name)....., and of the mother, .....(name)....., to the child, .....(name)....., are hereby terminated under section 39.806 (..........), Florida Statutes. COMMENT: Repeat the above for each child and parent, as necessary.
3. Under sections 39.811(2) and (5), Florida Statutes, the child(ren), .....(name(s)) ....., are placed in the custody of .....(agency).....for the purpose of subsequent adoption.4. The 30-day permanency plan required by section 39.811(8), Florida Statutes, shall be filed and heard at .....(time).....on .....(date).....in .....(location)...... DONE AND ORDERED on .....(date)....., in .....(city and county)....., Florida.
_________________
Circuit Judge
NOTICE
Under section 39.815, Florida Statutes, any child, any parent, guardian ad litem, or legal custodian of any child, any other party to the proceeding who is affected by an order of the court, or the department may appeal to the appropriate District Court of Appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure, which is 30 days from the date this order is rendered (signed and filed). A parent may have the right to a court-appointed attorney as provided by law.
Under Florida Rule of Juvenile Procedure 8.530, a parent, who had an attorney in the termination of parental rights proceeding, shall have 20 days after this order terminating parental rights is entered to file a motion in the trial court claiming ineffective assistance of counsel. A parent does not have the right to a court-appointed attorney to assist the parent with a motion claiming ineffective assistance of counsel, but the parent may independently obtain an attorney to represent the parent in the motion. The motion must contain the case name, case number, and identify the date the written order terminating parental rights was entered. The motion must also contain the current mailing address and email address, if any, and the phone number(s) of the parent filing the motion for the purpose of receiving notices and orders. In the motion, the parent must identify specific acts or omissions in the attorney's representation of the parent during the termination proceedings that the parent claims constituted a failure to provide reasonable, professional assistance, and the parent must explain how the errors or omissions prejudiced the parent's case to such an extent that but for counsel's deficient performance the rights of the parent would not have been terminated.
Copies to:
Fl. R. Juv. P. form 8.983
Amended effective 7/1/2023; amended by 286 So. 3d 82, effective 11/27/2019; amended by 213 So. 3d 803, effective 3/23/2017; amended by 24 So.3d 47, effective 11/12/2009; amended by 939 So.2d 74, effective 1/1/2007; amended by 725 So.2d 296, effective 10/1/1998.