C.W. v. Department of Children & Family Services

District Court of Appeal of Florida

C.W. v. Department of Children & Family Services

12 So. 3d 905, 2009 Fla. App. LEXIS 9356

CourtDistrict Court of Appeal of Florida

DecidedJuly 8, 2009

DocketNo. 2D09-426

StatusPublished

Cited by1 cases

This text of 12 So. 3d 905 (C.W. v. Department of Children & Family Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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C.W. v. Department of Children & Family Services, 12 So. 3d 905, 2009 Fla. App. LEXIS 9356 (Fla. Ct. App. 2009).

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Opinion

PER CURIAM.

C.W., the Father, challenges the trial court’s final judgment terminating his parental rights to his child, R.W. The Father, who is a prisoner, apparently indicated over the telephone a willingness to surrender his rights if certain conditions were met, but he never executed written surrender forms. The Department of Children and Family Services and the Guardian ad Litem Program concede that it was error to terminate the Father’s parental rights on the ground that he voluntarily surrendered his rights when he did not execute the necessary surrender forms. § 39.806(l)(a), Fla. Stat. (2008). Accordingly, we reverse the final judgment and remand for further proceedings.

Reversed and remanded.

CASANUEVA, C.J., and ALTENBERND and VILLANTI, JJ., Concur.

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PER CURIAM.

C.W., the Father, challenges the trial court’s final judgment terminating his parental rights to his child, R.W. The Father, who is a prisoner, apparently indicated over the telephone a willingness to surrender his rights if certain conditions were met, but he never executed written surrender forms. The Department of Children and Family Services and the Guardian ad Litem Program concede that it was error to terminate the Father’s parental rights on the ground that he voluntarily surrendered his rights when he did not execute the necessary surrender forms. § 39.806(l)(a), Fla. Stat. (2008). Accordingly, we reverse the final judgment and remand for further proceedings.

Reversed and remanded.

CASANUEVA, C.J., and ALTENBERND and VILLANTI, JJ., Concur.

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12 So. 3d 905, 2009 Fla. App. LEXIS 9356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cw-v-department-of-children-family-services-fladistctapp-2009.

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