ORDER TERMINATING PARENTAL RIGHTS (VOLUNTARY)
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/agency caseworker
..... (Name)....., Child
..... (Name)....., Attorney/Attorney ad litem 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 mother, .....(name)....., executed a voluntary surrender of her parental rights for the minor child(ren), .....(name(s))....., which is accepted by the court without objection.
COMMENT: Repeat the following as necessary.
..... The father, .....(name)....., executed a voluntary surrender of his parental rights for the minor child(ren), .....(name(s))....., which is accepted by the court without objection.
The court has carefully considered the testimony of witnesses, reviewed the exhibits, reviewed the file, heard argument of counsel, and considered recommendations and arguments of all parties. The court finds by clear and convincing evidence that the parents, .....(names)....., have surrendered their parental rights to the minor child(ren) under section 39.806(1)(a), Florida Statutes, and that termination of parental rights is in the manifest best interests of the child(ren). The specific facts and findings supporting this decision are as follows:
1. That the mother, .....(name)....., .....was .....was not personally served with the summons and the petition. COMMENT: Service is not required if surrender was signed before filing of petition.
2. That the father, .....(name)....., .....was .....was not personally served with the summons and the petition. COMMENT: Service is not required if surrender was signed before filing of petition.
3. That the parents were advised of their right to counsel in all prior dependency court proceedings which they attended. The mother has been represented by legal counsel, .....(name)....., starting on or about .....(date)..... The father has been represented by legal counsel, .....(name)....., starting on or about .....(date)......4. The mother, .....(name)....., freely, knowingly, voluntarily, and ..... with .....without advice of legal counsel executed an affidavit and acknowledgment of surrender, consent, and waiver of notice on .....(date)....., for termination of her parental rights to the minor child(ren), under section 39.806(1)(a), Florida Statutes.5. The father, .....(name)....., freely, knowingly, voluntarily, and .....with .....without advice of legal counsel executed an affidavit and acknowledgment of surrender, consent, and waiver of notice on .....(date)....., for termination of his parental rights to the minor child(ren), under section 39.806(1)(a), Florida Statutes.6. That at all times relevant to this action the interests of this/these child(ren) has/have been represented by a guardian ad litem. The guardian ad litem, .....(name)....., .....agrees .....does not agree that it is in the best interests of the child(ren) for parental rights to be terminated in this cause. COMMENT: Guardian ad litem not required in voluntary surrender.
7. 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 to be terminated for the following reasons: (a) Regarding any suitable permanency 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 materials 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 longterm 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 ...........THEREFORE, it is ORDERED AND ADJUDGED that:
1. The petition for termination of parental rights is GRANTED.2. The parental rights of the father, .....(name)....., and of the mother, .....(name)....., to the child(ren), .....(name(s))....., are hereby terminated under section 39.806 (..........), Florida Statutes. COMMENT: Repeat the above for each child and parent on petition.
3. The child(ren), .....(name(s))....., is/are hereby placed in the permanent care and custody of .....(agency name).....for subsequent adoption.4. A hearing for the department to provide a plan for permanency for the child(ren) shall be held on .....(date)....., within 30 days of rendering of order, at .....(time)...... DONE AND ORDERED on .....(date)....., in ..........County, Florida.
____________________________
Circuit Judge
Copies to:
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.
Fl. R. Juv. P. form 8.984
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 725 So.2d 296, effective 10/1/1998; added by 589 So.2d 818, effective 7/1/1991.