The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . and Appellee concedes, the trial court erred in finding grounds for termination pursuant to section 39.806 . . . shown any further reversible error, and the trial court properly terminated her rights under sections 39.806 . . . (1)(c) and 39.806(1)(f). . . . s parental rights under sections 39.806(1)(c) and 39.806(1)(f), but reverse the portion of the order . . . finding grounds for termination under section 39.806(1)(l ) and remand for this ground to be stricken . . .
. . . listed two grounds: 1) the mother's failure to substantially comply with her case plan under section 39.806 . . . or physical, mental, or emotional health, irrespective of the provision of services, under section 39.806 . . .
. . . felony battery resulting in serious bodily injury to a child are statutory grounds for termination. § 39.806 . . . "[S]o long as the trial court's ruling on one of the statutory grounds set forth in section 39.806, Florida . . . Under section 39.806(2), Florida Statutes (2018), reasonable efforts to preserve and reunify families . . . are not required when termination is proven under sections 39.806(1)(b) through (d) or (1)(f) through . . . We remand, however, "for [the] court to strike all findings of termination" based on section 39.806(1 . . .
. . . DCF alleged, among other grounds, that Father abandoned Child in violation of section 39.806(1)(b), Florida . . . trial, the court found by clear and convincing evidence that Father abandoned Child pursuant to section 39.806 . . .
. . . As to M.B., the Department alleged, pursuant to section 39.806(1)(c), Florida Statutes (2018), that Mother's . . . It did not allege chronic abuse of a controlled substance pursuant to section 39.806(1)(j). . . . conjunction with a prior finding of harm to a sibling because of exposure to drugs, pursuant to section 39.806 . . . allege that the parental rights of a sibling had been involuntarily terminated pursuant to section 39.806 . . . The Department could not allege section 39.806(1)(i) as a ground for termination because at the time . . .
. . . We agree with appellant that the trial court erred in terminating her rights based on section 39.806( . . . Thus, we affirm the final order of termination under section 39.806(1)(d) 1., but we remand for the trial . . . court to strike all findings of termination under section 39.806(1)(b). . . . First, pursuant to section 39.806(1)(b), Florida Statutes (2017), it alleged abandonment as defined in . . . based on section 39.806(1)(b). . . .
. . . (the Child), under sections 39.806(1)(c) and 39.806(1)(f), Florida Statutes (2017). . . . Because the Department sought termination under subsections 39.806(1)(c) and (f), the Department did . . . See § 39.806(2), Fla. Stat. (2017). . . . Termination under Section 39.806(1)(f) Section 39.806(1)(f) provides for the termination of parental . . . Termination under Section 39.806(1)(c) In order to terminate parental rights under section 39.806(1)( . . .
. . . The mother argues that termination under section 39.806(1)(e)1., (e)3., and (j), Florida Statutes was . . . "[S]o long as the trial court's ruling on one of the statutory grounds set forth in section 39.806, Florida . . . found the Department proved by clear and convincing evidence five statutory grounds for a TPR: section 39.806 . . . was put on notice by the answer briefs that she had waived the issue of termination based on section 39.806 . . .
. . . Such conduct is one of the fourteen enumerated grounds for TPR, paragraphs 39.806(1)(a) through (m), . . . "Egregious conduct," paragraph (f) of section 39.806(1), includes conduct that "threatens the life, safety . . . The term is further defined in subparagraph 39.806(1)(f)2 to mean "abuse, abandonment, neglect, or any . . . See https://medlineplus.gov/ency/article/001555.htm (site last visited October 22, 2018). § 39.806(1) . . .
. . . rights to another child pursuant to section 39.806(1)(i). . . . s parental rights as to K.M. under section 39.806(1)(c) and section 39.806(1)(e)(1). . . . See § 39.806(1)(e). . . . s parental rights on section 39.806(1)(e)(1). See T.H. v. . . . judgment removing all references to section 39.806(1)(e)(1). . . .
. . . Appellant, A.P., Sr., appeals an order terminating his parental rights pursuant to sections 39.806(1) . . . Appellant argues that the trial court erred in basing the termination in part upon section 39.806(1)( . . . c), that section 39.806(1)(f) is unconstitutional because the Legislature eliminated the proof-of-nexus . . . We find no merit in Appellant's challenge to the trial court's application of section 39.806(1)(c) in . . . Given such, we decline to address Appellant's constitutional challenge to section 39.806(1)(f). . . .
. . . court's conclusion of law that clear and convincing evidence supported termination based upon section 39.806 . . . trial court also found that clear and convincing evidence supported termination pursuant to sections 39.806 . . . (1)(c) and 39.806(1)(f), Florida Statutes. . . .
. . . s parental rights because the grounds for termination based on sections 39.806(1)(c), 39.806(1)(j), and . . . 39.806(1)(k), Florida Statutes (2017), were supported by competent, substantial evidence. . . . s parental rights as to M.C. and A.C. because the grounds for termination based on sections 39.806(1) . . . (e) 1., 39.806(1)(e)3., and 39.806(1)(j) were supported by competent, substantial evidence. . . . Section 39.806(1)(b) permits termination of parental rights based on abandonment, which is defined in . . .
. . . The trial court entered an order terminating the mother's parental rights pursuant to section 39.806( . . . case plan, and consequently, there was not sufficient proof to terminate parental rights under section 39.806 . . . or to the failure of the department to make reasonable efforts to reunify the parent and child.... § 39.806 . . .
. . . . § 39.806(1)(e)2., Fla. Stat. (2017). His past history was relevant to that determination. . . .
. . . department petitioned to terminate the father's parental rights based on Florida Statutes sections 39.806 . . . (1)(e) 1. and 39.806(1)(e)2. . . . unable to substantially comply with the case plan before time to comply with the case plan expires. § 39.806 . . . did not rule on the alternative circumstance for termination in the department's petition, section 39.806 . . . the department did not meet the legal criteria for termination of his parental rights under section 39.806 . . .
. . . Families ("DCF") proved, by clear and convincing evidence, a ground for termination pursuant to section 39.806 . . . Section 39.806(1)(d)(3) provides that grounds for termination of parental rights may be established where . . .
. . . filed a petition to terminate the Mother's parental rights based on two statutory grounds, sections 39.806 . . . Section 39.806(1)(e) 1. . . . Section 39.806(1)(e) 1. permits the termination of parental rights when a child is adjudicated dependent . . . s parental rights pursuant to section 39.806(1)(e) 1. . . . Section 39.806(1)(e) 3. . . .
. . . ." § 39.806(1)(f), Fla. Stat. (2017). . . . ." § 39.806(1)(g), Fla. Stat. (2017). . . . Whether the touching was done "in a sexual way" was, likewise, irrelevant, as neither section 39.806( . . . Accordingly, the trial court's finding that there was no egregious conduct under section 39.806(1)(f) . . . Here, because the trial court found that there was no egregious conduct under section 39.806(1)(f) or . . .
. . . history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806 . . .
. . . s parental rights should be terminated under section 39.806(1)(b), Florida Statutes (2016), for abandoning . . . the minor child, and section 39.806(1)(c), Florida Statutes, for engaging in conduct toward the child . . . s parental rights based on section 39.806(1)(e) 1., Florida Statutes (2016), is supported by clear and . . . 2016) ("[S]o long as the trial court's ruling on one of the statutory grounds set forth in section 39.806 . . . for the entry of an amended final judgment striking any language from the judgment regarding sections 39.806 . . .
. . . The trial court's order erroneously referred to section 39.806(1), Florida Statutes (2015), to interpret . . . Stat. (2015), with § 39.806(1)(d), Fla. Stat. (2015). . . .
. . . two statutory grounds pleaded, but we remand to the trial court to strike its reference to section 39.806 . . . inadvertent clerical error by the court, as the Department of Children and Families did not plead section 39.806 . . .
. . . case plan, but instead filed an expedited petition to terminate her parental rights under sections 39.806 . . . Under section 39.806(2), Florida Statutes (2016), reasonable efforts to preserve and reunify families . . . are not required when termination is proven under sections 39.806(1)(b) through (d) or (1)(f) through . . . Termination, here, was premised on sections 39.806(1)(c), (i), (j), and (l) ; therefore, the Department . . . case plan include termination based on continuing abuse through continued involvement under section 39.806 . . .
. . . s minority under section 39.806(1)(d) ; (3) C.W. had engaged in egregious conduct that threatened the . . . life, safety, or health of X.W. under section 39.806(1)(f) ; (4) C.W. had subjected the child or another . . . child to a sexual battery under section 39.806(1)(g) ; and (5) X.W. had been conceived as the result . . . of a sexual battery made unlawful by section 794.011, Florida Statutes, under section 39.806(1)(m). . . . See § 39.806(1)(m). . . .
. . . trial, the court entered an order finding that grounds for termination existed pursuant to section 39.806 . . . (1)(b), Florida Statutes, because the father had abandoned the child, and pursuant to section 39.806( . . . rights requires clear and convincing evidence of a statutory ground for termination set forth in section 39.806 . . . Abandonment is a ground for termination of parental rights. § 39.806(1)(b), Fla. Stat. . . . With respect to this ground, the order provides: 39.806(1)(e) The child has been adjudicated dependent . . .
. . . termination in part on a finding that the petitioner had established grounds for termination under section 39.806 . . . We remand for the trial court to amend the termination judgment’ to exclude section 39.806(1)0) as a . . .
. . . court concluded that the Department proved grounds for termination against both parents under section 39.806 . . . (1)(c) (continuing involvement threatens, irrespective of services) and section 39.806(1)(l) (three or . . . more removals caused by parent), and against the mother under section 39.806(1)(j) (chronic substance . . . (1)(c) and 39.806(1)(j), Florida Statutes (2017) as to both parents, and section 39.806(1)(j) as to the . . . See § 39.806(2), Fla. . . .
. . . See § 39.806(1)(c), Fla. Stat. . . . In discussing termination of parental rights under section 39.806(l)(c), we have required proof either . . . Although there are ,other subsections in section 39.806(1) that do not require proof of either the provision . . .
. . . judgment, which the trial court denied because M.P. failed to prove a meritorious defense to section 39.806 . . . See § 39.806(l)(e)(3), Fla. Stat. (2016). Accordingly, the trial court properly denied the motion. . . .
. . . the Department filed a petition for termination of G.H.’s parental rights as to D.E.B. under section 39.806 . . .
. . . Whether a petition for termination of parental rights has been filed pursuant to s. 39.806(l)(f), (g) . . .
. . . With respect to the Father, the Department alleged only one ground, abandonment under section 39.806( . . . As to T.D.H., the Department based its request for termination of parental rights on section 39.806(l . . . Dep’t of Children & Family Servs., 915 So.2d 761, 762 (Fla. 2d DCA 2005) (holding that section 39.806 . . . Dep’t of Children & Family Servs., 819 So.2d 270, 271-72 (Fla. 2d DCA 2002) (finding section 39.806(1 . . . We have no trouble finding that the Department established abandonment under section 39.806(1)(b). . . .
. . . terminating the Mother’s parental rights reflects that the termination was primarily based on section 39.806 . . .
. . . Section 39.806(1)(i), Florida Statutes (2017), provides that a trial court may terminate parental rights . . . the evidence presented at the hearing supports termination of Father’s parental rights under section 39.806 . . .
. . . petition alleged three statutory grounds for terminating W.W.’s rights: (1) abandonment under section 39.806 . . . (l)(b), Florida Statutes (2016); (2) failure to comply with the case plan under section 39.806(l)(e)l . . . Statutes (2016); and (3) harm from a continuing relationship with the incarcerated parent under section 39.806 . . . ground: that WW. would be incarcerated for a significant portion of the twins’ minority, under section 39.806 . . .
. . . . § 39.806(l)(c), Fla. Stat. (2016); S.M. v. Fla. . . .
. . . The mother has Tr^grounds for TPR)-^ the minor childfren) within the meaning and intent of section 39.806 . . . , .T77T7-(n;une)-7rr7T.. to the child,.Trr7r-(name)-rrrrr,...., are hereby terminated under section 39.806 . . . rmr (names)-rTTrr...... have surrendered their parental rights to the minor children) under section 39.806 . . . on.rr7rr-(date)-rr^r..for termination of her parental rights to the minor child(ren), under section 39.806 . . . TTTTr-fnamefs)Wttt , are hereby terminated under - section 39.806(-.-), Florida Statutes. . . .
. . . In its final order, the trial court terminated J.S.’s parental rights pursuant to section 39.806(l)(e . . .
. . . proved by clear and convincing evidence that D.H.’s parental rights should be terminated under section 39.806 . . . trial court’s termination of D.H.’s parental rights on the other statutory grounds set forth in section 39.806 . . . 2016) (“[S]o long as the trial court’s ruling on one of the statutory grounds set forth in section 39.806 . . . be supported by clear and convincing evidence that there is a ground for termination under section 39.806 . . . for the entry of an amended final judgment striking any language from the judgment regarding section 39.806 . . .
. . . Mother continues to abuse, neglect, or abandon A.E. and L.E., serving as grounds for TPR under section 39.806 . . . DCF established, by clear and convincing evidence, that his incarceration warranted TPR under section 39.806 . . . Mother “[i]f the parent whose rights are being terminated meets any of the criteria specified in s. 39.806 . . .
. . . history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806 . . .
. . . K.D., 88 So.3d 977 (Fla. 2d DCA 2012), superseded on other grounds by § 39.806(1)©, Fla. . . .
. . . harmful to the child to continue the relationship with M.S., an incarcerated parent, under section 39.806 . . . (l)(b), 39.806(l)(e)(l), and 39.806(l)(e)(3) are not supported by competent, substantial evidence. . . . However, DCF argues that competent, substantial evidence supports termination under section 39.806(l) . . . Continued Involvement Under Section 39.806(l)(c) Section 39.806(l)(c) provides that grounds for termination . . . Any other factor the court deems relevant. § 39.806(1)(d)(3)(a)-(e). . . .
. . . We affirm the order of termination based on section 39.806(l)(e), Florida Statutes (2016). . . . during the scheduled visits, we reverse as to the finding of abandonment under sections 39.01(1) and 39.806 . . .
. . . one of the statutory grounds for termination of parental rights to all of her children under section 39.806 . . . services were provided through a previous plan or offered as a case plan from a child welfare agency. § 39.806 . . . See § 39.806(l)(c), Fla. Stat. (2016). . . . established three grounds for termination of S.M.’s right to all three children pursuant to section 39.806 . . . last 22 months and the parents have not substantially complied with the case plan; and (3) section 39.806 . . .
. . . See § 39.806(l)(d)l., 8., Fla. Stat. (2014). . . . On appeal, the father makes numerous arguments pertaining to section 39.806(l)(d)l. . . . not based on abandonment, the judgment should clarify that termination is based only on subsections 39.806 . . .
. . . K.D., 88 So.3d 977 (Fla. 2d DCA 2012), superseded on other grounds by § 39.806(1)(f), Fla. . . . Compare § 39.402 (shelter placement), 'ivith § 39.806 (termination of parental rights); see also Dep’ . . .
. . . with the exception of the trial court’s termination of Father’s parental rights pursuant to section 39.806 . . . ) “the parents have not substantially complied with the case plan so as to permit reunification.” § 39.806 . . . amended final judgment striking the reference to termination of Father’s parental rights under section 39.806 . . .
. . . “[S]o long as the trial court’s ruling on one of the statutory grounds set forth in section 39.806, Florida . . . Parental rights may be terminated when a child is abandoned. § 39.806(l)(b), Fla. Stat. (2015). . . . . .
. . . (collectively, “the Children”) under .section 39.806(1)©, Florida Statutes (2015). . . . and E.C., asserting that the Department was proceeding directly to termination pursuant to section 39.806 . . . Because the Department sought termination under section 39.806(l)(f), the Department did not, and was . . . not required to, make “reasonable efforts to preserve and reunify” the family¡ § 39.806(2), Fla. . . . Reversed and'remanded. , Section 39.806(l)(f) provides as follows: (1) Grounds for the termination of . . .
. . . parental rights may be terminated: the existence of a statutory ground for termination under section 39.806 . . .
. . . or conviction in a criminal proceeding is required for termination of parental rights under section 39.806 . . . Section 39.806(1)(m) allows for termination of parental rights of an offending parent when a child is . . . We agree, Section 39.806(1)(m) provides: 39.806 Grounds for termination of parental rights.— (l) Grounds . . . We perceive nothing in section 39.806(1)(m), Fla. . . . See § 39.806(1)(d)2., Fla. Stat. (2015). . . . .
. . . See § 39.806(1)(b), (d)(3), Fla. Stat. (2014). . . .
. . . evidence supporting termination as to each child on at least one of the grounds enumerated in section 39.806 . . . We write to reiterate our concern that, with the elimination of the “nexus” requirement in 39.806(l)( . . . It filed a petition for expedited termination, alleging. three grounds: (1) pursuant to section 39.806 . . . safety, well-being, or physical, mental, or emotional health of each child; (2) pursuant to section 39.806 . . . Unlike the circumstances in N.W., the amendment to section 39.806(l)(f), which became effective on July . . .
. . . First, the Department must prove statutory grounds under section 39.806, Florida Statutes. . . . Here the Department sought termination of the ..mother’s parental rights pursuant to subsection 39.806 . . . Prior to terminating a parent’s rights under subsection 39.806(l)(c), two requirements must be met, . . . . in this case was section 39.806(l)(c), Florida Statutes. . . . See § 39.806(l)(f), Florida Statutes. . . .
. . . incarceration period does not constitute a significant portion of the child’s minority pursuant to section 39.806 . . . relationship with the child would not be contrary to the child’s best interests pursuant to section 39.806 . . . (l)(d)l.- and 39.806(l)(d)3. . . . Any other factor the court deems relevant. § 39.806(l)(d)3., Fla. Stat. (2015) (emphasis added). . . . as to the child pursuant to sections 39.806(l)(b) and 39.806(l)(e)l. and 2., Florida Statutes (2015) . . .
. . . clear and convincing evidence that statutory grounds for termination exist, specif-, ically sections. 39.806 . . . (l)(e)(l) and 39.806(l)(i), Florida Statutes (2014); termination is in the manifest best interest of . . . Nonetheless, we briefly address the facial constitutionality of section 39.806(l)(i). . . . In addressing section 39.806(1)©, Chief Judge Hawkes recognized in K.J. ex rel. A.J. v. . . . Thus, we reject N.B.’s facial constitutional challenge to section 39.806(1)(Z). Affirmed. . . .
. . . s parental rights to S.W. and A.W. under a 2014 amendment to section 39.806(1)(f), Florida Statutes, . . . Deeming T.K.H. a “sibling” of S.W. and A.W. under section 39.806(1)(f)(1), the dependency court applied . . . The amended text of section 39.806(1)(f) is silent on the subject of retro-activity. . . . In applying section 39.806(1)(f)’s amendment retroactively, the dependency court believed the removal . . . However, the 2014 amendment' to section 39.806(1)(f) did not affect the Department’s burden of proof . . .
. . . trial court make the following findings: 1) One"or more of the grounds for termination under section 39.806 . . . The trial court found that DCF had established three grounds , for termination under section 39.806, . . .
. . . for his child could not be classified as “egregious” under the statute, and therefore using section 39.806 . . . “Egregious conduct” is defined in 39.806(l)(f)2. to mean: [A]buse, abandonment, neglect, -or any other . . .
. . . See § 39.806(l)(e), Fla. . . .
. . . Termination of R.T.’s parental rights was based on abandonment pursuant to section 39.806(l)(b), Fla. . . .
. . . The petition alleged three grounds for termination: 1) abandonment, pursuant to subsection 39.806(l)( . . . Florida Statutes (2013); 2) threat of harm to the child irrespective of services, pursuant to subsection 39.806 . . . comply with the case plan within twelve months of an adjudication of dependency, pursuant to subsection 39.806 . . . Based upon the above findings and after considering all relevant grounds listed in Florida Statute 39.806 . . .
. . . conduct, support a finding that (i) J.C. materially breached her case plan, as provided in section 39.806 . . . We agree with the Department of Children & Families that citation to section 39.806(l)(e)l. in the conclusion . . .
. . . See § 39.806(l)(a), Fla. Stat. (2014). . . .
. . . parental rights to M.E.Q. in which the trial court found Father’s conduct was egregious under sections 39.806 . . . The petition did not allege termination was warranted for egregious conduct under section 39.806(1)(f . . . )2.; the petition only alleged termination was warranted under sections 39.806(1)(c) and (1)(g). . . . We do not need to discuss the facts of this case other than to note that termination under section 39.806 . . .
. . . Regarding B.K., the only ground alleged for termination of parental rights was under section 39.806(l . . . See §§ 39.806, 39.810, Fla. Stat. (2012). . . . Before July 1, 2012, when the foregoing section became law, section 39.806(l)(d)l., Florida Statutes . . . The court in B.C. emphasized that section 39.806(l)(d)l., “must be read in light of Padgett’s requirement . . . Both parties have proceeded upon the assumption that the 2012 amendments to section 39.806(l)(d) apply . . .
. . . She challenges the court’s order which determined that termination was warranted under sections 39.806 . . . (l)(c) and 39.806(l)(e), Florida Statutes, that it was the least restrictive means of protecting the . . . the trial court’s order to the extent it found that termination was warranted pursuant to sections 39.806 . . . (l)(c) and 39.806(l)(e), Florida Statutes, and because it was in the children’s manifest best interests . . .
. . . requires clear and convincing evidence of: (1) a statutory ground for termination set forth in section 39.806 . . . Section 39.806(l)(d), Florida Statutes (2013), provides: (1)Grounds for the termination of parental rights . . . constituting “a substantial portion of the period of time before the child will attain the age of 18 years.” § 39.806 . . .
. . . abandoned J.A. as defined in section 39.01(1), Florida Statutes (2014), and within the meaning of section 39.806 . . . Section 39.806(l)(b), Florida Statutes (2014), provides: (1) Grounds for the termination of parental . . .
. . . P. 8.270(b)(4); see also § 39.806(l)(a)2., Fla. Stat. . . .
. . . substantial evidence of the grounds alleged by the Department of Children and Families under sections 39.806 . . . (l)(c), 39.806(l)(e)l., and 39.806(l)(b), Florida Statutes (2012); (2) without making statutorily-required . . . we conclude that competent, substantial evidence did not support the grounds alleged under section 39.806 . . . (l)(c) and 39.806(l)(e)l., and that such evidence was sufficient to support the termination of parental . . . (l)(c) and 39.806(l)(e)l., and not on the grounds alleged under section 39.806(l)(b). . . .
. . . Nor is a new pregnancy among the statutorily established grounds enumerated in section 39.806 of the . . .
. . . See § 39.806(l)(e)(l), Fla.' Stat. (2013). ALTENBERND, NORTHCUTT, and KELLY, JJ., Concur. . . .
. . . parental rights based on the Mother’s abuse, neglect, and abandonment of the Child pursuant to sections 39.806 . . . (l)(b) and 39.806(l)(e)(l) of the Florida Statutes (2012). . . .
. . . DCA 2002) (finding “the trial court could not terminate the father’s parental rights under section 39.806 . . . terminated without a finding of dependency when abandonment is proven pursuant to the requisites of section 39.806 . . .
. . . See § 39.806(l)(b), Fla. Stat. (2013). . See § 39.806(l)(c), Fla. Stat. (2013). . . . .
. . . We affirm the order of termination based on section 39.806(l)(e), Florida Statutes. . . . and that the child is bonded with Father, we reverse as to the finding of abandonment under section 39.806 . . .
. . . See § 39.806(l)(d)l. & 2„ Fla. Stat. (2013). . . .
. . . arguing that the Father’s parental rights should be terminated pursuant to— among other grounds — section 39.806 . . . relationship with the child, finding that such evidence was irrelevant to an analysis under section 39.806 . . . Florida Supreme Court has held that in addressing the termination of parental rights under section 39.806 . . .
. . . physical, mental or emotional health of the child.... ” The statutory authority for this ground is section 39.806 . . .
. . . Pursuant to section 39.806, Florida Statutes (2014), the evidence of Mother’s egregious conduct (or failure . . . See § 39.806(1)(f), (h), Fla. . . . Stat. (2014); see also In re E.R., 49 So.3d 846, 853 (Fla. 2d DCA 2010) (addressing section 39.806(1) . . . explaining that “DCF proceeded on three statutory grounds including murder of a child under section 39.806 . . . B.B., 824 So.2d 1000, 1007 (Fla. 5th DCA 2002) (addressing section 39.806(1)(f) and providing that “[ . . .
. . . Dep’t of Children & Family Servs., 935 So.2d 621, 625 (Fla. 3d DCA 2006) (“Under section 39.806(l)(f) . . .
. . . See § 39.806(l)(d)l, Fla. Stat. (2013). Affirmed. . . .
. . . history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806 . . .
. . . his continued relationship with his children would be harmful to them, within the meaning of section 39.806 . . . August 14, 2013, DCF petitioned for involuntary termination of parental rights pursuant to section 39.806 . . . The sole ground on which DCF sought to terminate S.B.’s parental rights is section 39.806(l)(d)3., Florida . . . the parental relationship with the incarcerated parent would be harmful to the child under section 39.806 . . . The Legislature changed the word "substantial” in section 39.806(l)(d)l. to “significant” in describing . . .
. . . to "grounds for termination” in section 39.811(1) does not refer to a statutory ground under section 39.806 . . .
. . . Court The trial court found that termination of the father’s parental rights was supported by sections 39.806 . . . Section 39.806(l)(e), Florida Statutes provides grounds for termination of parental rights when the “ . . . child continues to be abused, neglected, or abandoned by the parent or parents.” § 39.806(l)(e), Fla. . . . Id. at § 39.806(1)(e)1. . . . has abandoned the child as defined in section 39.01(1), Florida Statutes. § 39.806(l)(b), Fla. . . .
. . . filed a petition for termination of parental rights as to both children, based on abandonment, section 39.806 . . . neglect or abandonment as evidenced by failure to substantially comply with the case plan, section 39.806 . . . This was a sufficient basis for termination under section 39.806(l)(e). See N.F. v. . . . The Mother also argues that the court erred in basing termination on abandonment under section 39.806 . . . We affirm the termination of parental rights based on section 39.806(l)(e), but reverse the portion of . . .
. . . concedes that the evidence was insufficient to support a finding of egregiousness as required by section 39.806 . . .
. . . The Department sought termination based upon three grounds: First, pursuant to section 39.806(l)(i), . . . (l)(i) and 39.806(l)(c), Florida Statutes. . . . Section B9.806(l)(i), Florida Statutes Section 39.806(l)(i) authorizes termination of parental rights . . . 39.806(3) does not require a case plan with the goal of reunification. . . . Section 39.806(l)(c), Florida Statutes The Department and the trial court also relied on section 39.806 . . .
. . . Program concede that two of the statutory grounds for termination found by the trial court — subsections 39.806 . . . As to the three remaining grounds — subsections 39.806(l)(e)1„ (1)(i), and (1)ffi, Florida Statutes ( . . . reverse the order, in part, and remand to the trial court to enter an amended order excluding subsections 39.806 . . .
. . . . § 39.806(l)(f), (g), Fla. Stat. (2012). See N.R.R. v. . . . as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39,01, or chronic abuse. § 39.806 . . .
. . . court’s conclusions that the Department proved statutory grounds for termination under both section 39.806 . . . (l)(e) and 39.806(l)(c), Florida Statutes (2011), that termination was in the manifest best interest . . .
. . . On appeal, L.E. argues that the evidence was insufficient to support termination under section 39.806 . . .
. . . As to the mother, the petition relied on section 39.806(l)(f), Florida Statutes (2010), which provides . . . As to the father, the petition relied on section 39.806(l)(g), Florida Statutes (2010), and alleged that . . . This petition was also based on section 39.806(l)(f). . . . cases, the trial court “must find by clear and convincing evidence that one of the grounds set forth in 39.806 . . . jurisdiction has determined that any of the events described in paragraphs (l)(e)-(Z) have occurred.” § 39.806 . . .
. . . (name) ., under section 39.806(l)(a), Florida Statutes. COMMENT: Repeat above as necessary. 34. . . . (name)., under section 39.806(l)(a), Florida Statutes. COMMENT: Repeat above as necessary. 45. . . .
. . . First, the court must find by clear and convincing evidence that one of the grounds set forth in 39.806 . . . (Fla. 4th DCA 2008) (termination petition based on egregious conduct toward a sibling under section 39.806 . . . DCA 2004) (termination petition based on manslaughter/felony assault of another child under section 39.806 . . . DCF relied on section 39.806(l)(g), Florida Statutes, which provides in relevant part: The parent or . . . as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01, or chronic abuse. § 39.806 . . .