2. Florida Guardian ad Litem Program Termination of Parental Rights Regional Training 2007

3. Clear & Convincing Evidence TPR Grounds Exist Manifest Best Interests TPR = Statutory Ground (+) MBI (+) LRM Least Restrictive Means

4. TPR Statutory Grounds §39.806 Voluntary Surrender Conduct towards child and continued involvement threatens life, safety, well- being irrespective of services Abandonment Incarceration a b c d

5. TPR Statutory Grounds§ 39.806 Case Plan Filed, Approved and Child Continues to be Abused Egregious conduct; failure to prevent egregious conduct, that threatens the life, safety, or physical, mental or emotional health of the child or the child’s sibling e f

6. TPR Statutory Grounds § 39.806 Subjected child to Aggravated Child Abuse, Sexual Battery, Sexual Abuse or Chronic Abuse Involuntary TPR of a Sibling Committed Murder or Voluntary Manslaughter of a Child g h i

7. Review the Petition

8. Grounds for TPR Parents informed of right to counsel Child dependent (if required) Review the TPR Petition with Team Manifest Best Interests Be sure petition contains facts alleging:

9. Grounds for Termination of Parental Rights

10. Written Consent Not under fraud or duress Voluntary Surrender § 39.806(1)(a) Department to take custody a

11. No effort to support; AND No communication; OR OR Abandonment § 39.806(1)(b) Marginal efforts at parenting = sufficient to evince a willful rejection of parental obligation While being able; AND b

12. Location of parent unknown Cannot be ascertained by diligent search Within 60 days Abandonment § 39.806(1)(b) Continued

13. Incarceration may only be a FACTOR to consider “together with other facts” including: Multiple and habitual Heinous nature of crime Long incarceration foreseeable Abandonment § 39.806(1)(b) Continued

14. Provision of services; AND Harm; AND Do not need dependency adjudication or 12 months Conduct towards child and continued involvement threatens life, safety, well- being despite services § 39.806(1)(c) Futility – no reasonable basis to believe parent would improve c

15. Substantial portion of child’s remaining minority § 39.806(1)(d)1; OR Certain crimes § 39.806(1)(d)2; OR Continued parent child relationship harmful to child § 39.806(1)(d)3 Incarceration § 39.806(1)(d) d

16. What is Substantial Period of Time? B.C. v. Florida Dept. of Children and Families, 887 So.2d 1046 (Fla. 2004) Incarceration § 39.806(1)(d) 25 - 32 percent of child minority is not substantial portion

17. Adjudicated dependent; AND Case Plan filed; AND 12 or more months Failure to substantially comply; OR Material Breach § 39.806 (1)(e)2 Child continues to be abused, neglected, or abandoned by the parents. § 39.806(1)(e) e

18. Department ’ s failure to make reasonable efforts to reunify Failure cannot be because of: Parent ’ s lack of financial resources

19. Egregious means deplorable, flagrant, or outrageous. Can be only once if such intensity, magnitude, or severity as to endanger the life of the child. Definitions Sibling means another child who resides with or is cared for by the parent regardless of whether the child is related f

20. Egregious conduct, or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental or emotional health of the child or the child ’ s sibling § 39.806(1)(f) f

21. Knew of previous abuse and did nothing Egregious Conduct Must have hurt the child or put the child at imminent risk of harm Commit or failed to prevent

22. Failure to Protect Can be Enough Egregious Conduct

23. Egregious Conduct Towards Sibling Nexus Required Nexus is required between the abuse of one child and the prospective abuse of a sibling

24. Aggravated child abuse; sexual battery or sexual abuse; or chronic abuse § 39.806(1)(g) Aggravated child abuse defined in § 827.03 Sexual battery or sexual abuse defined in § 39.01 Chronic abuse defined in In re D.A. D. “long duration or frequent occurrence” “always present or encountered” and “being such habitually” g

25. Committed murder or voluntary manslaughter of a child § 39.806(1)(h) h

26. Prior involuntary TPR of sibling Substantial risk of significant harm Involuntary TPR of sibling § 39.806(1)(i) i

27. Even if a two (or more) parent termination, be sure that evidence supports a TPR as to each and every parent Single Parent Terminations Final order should contain findings to support single parent termination

28. Request that the court make findings under Section 39.811(6) as to each parent in all cases, if it can be supported by record/evidence Single Parent Terminations Best Practice Review Single Parent TPR training available on the website www.Guardianadlitem.org

29. Manifest Best Interest

30. Court must make specific finding that TPR is in the child’s manifest best interest § 39.810(1)-(11) Manifest Best Interest (MBI) The final judgment is subject to reversal if no MBI on the record

31. Each child individually Review MBI questions with GAL If consent by default still need MBI testimony Manifest Best Interest (MBI) Not a comparison between placement and parents

32. 1. The availability of a suitable relative exists who is not willing to adopt but who is willing to provide a permanent placement § 39.810(1) 2. The ability and disposition of the parent or parents to provide the child with food, clothing, medical care … and other material needs of the child § 39.810(2) Manifest Best Interest

33. 3. The capacity of the parent or parents to care for the child …§ 39.810(3) Manifest Best Interest 4. The present …needs of the child and … future needs§ 39.810(4) 5. [E]motional ties …harm to the child …from the termination of parental rights... §39.810(5)

34. 6. The likelihood of an older child remaining in long- term foster care § 39.810(6) Manifest Best Interest 7. Bond between child and “parental substitute” §39.810(7) 8. The length of time that the child has lived in placement and desire for continuity § 39.810(8)

35. 9. The depth of the relationship existing between the child and the present custodian§ 39.810(9) Manifest Best Interest 10. Child’s wishes § 39.810(10) 11. Guardian ad Litem recommendations§ 39.810(11)

36. Least Restrictive Means

37. Padgett Test Measures short of termination should be utilized if … can permit the safe re-establishment of the parent-child bond Good faith effort to rehabilitate the parent and reunite the family

38. Least Restrictive Means Padgett Test “Relative Issue” goes only to MBI not Least Restrictive Means

39. Most Common Reversals Therapist testimony not provided Insufficient evidence of harm GAL testimony insufficient Evidence not Clear and Convincing

40. Most Common Reversals Mental Illness Insufficient Evidence of Provision of Services Incarceration Cases

41. Common Issues Substance abuse without harm not enough Proving Harm Bad acts alone are not enough

42. Common Issues Medical problems Proving Harm (Continued) GAL testimony (improvements since removal) Developmental delays Educational problems Therapist testimony

43. Common Issues Domestic Violence Child is a witness of physical or verbal abuse May not have to show that child witnessed the D.V – only that the child was affected by D.V. www.guardianadlitem.orgwww.guardianadlitem.org for complete DV explanation Child is aware of DV

44. Common Issues Hearsay If it is reliable and trustworthy + child testifies (subject to cross-examination), or See Evidence Training on www.GuardianadLitem.org for full explanationwww.GuardianadLitem.org If it is reliable and trustworthy + child does not testify + there is other corroborating evidence

45. Post Trial Issues Grounds Timely submission of final judgment Accuracy of final judgment M anifest Best Interests Least Restrictive Means Findings as to Single Parent

46. Appeals Notify Appellate Team of Appeals

47. TPR Training Materials Go to the P Drive to find TPR Training Power Point Presentation TPR Checklist TPR Evidence Chart MBI Chart TPR Grounds Case Summaries

48. www.GuardianadLitem.org Resources By Topic Conferences & Training

49. www.GuardianadLitem.org Searchable Case Summaries Case Summary by Topic Sign up to receive Legal Briefs Newsletter