GLS v. Dept. of Children and Families

724 So. 2d 1181, 1998 WL 892668
CourtSupreme Court of Florida
DecidedDecember 24, 1998
Docket91,771
StatusPublished
Cited by11 cases

This text of 724 So. 2d 1181 (GLS v. Dept. of Children and Families) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GLS v. Dept. of Children and Families, 724 So. 2d 1181, 1998 WL 892668 (Fla. 1998).

Opinion

724 So.2d 1181 (1998)

G.L.S., natural father of B.S. and C.S., Petitioner,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

No. 91,771.

Supreme Court of Florida.

December 24, 1998.

*1182 Sharon L. Ray, Marianna, for Petitioner.

Charles A. Finkel, District Legal Counsel, Department of Children and Families, Tallahassee, for Respondent.

ANSTEAD, Justice.

We have for review G.L.S. v. Department of Children & Families, 700 So.2d 96 (Fla. 1st DCA 1997), based on certified conflict with the decisions of the Fifth District in Moore v. Department of Health & Rehabilitative Services, 664 So.2d 1137 (Fla. 5th DCA 1995), and Lewis v. Department of Health & Rehabilitative Services, 670 So.2d 1191 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We hold that the First District erred in holding that an adjudication order which initially terminates parental rights in a child dependency case may not be challenged upon appeal from a subsequent disposition order.

Petitioner G.L.S.'s parental rights were terminated by court order on February 13, 1997, following an adjudicatory hearing on the petition of respondent Department of Children and Families (Department). G.L.S., 700 So.2d at 97. Thereafter, a disposition order was entered on March 3, 1997, permanently committing the children to the custody of the Department and ordering that there be no further contact between the parents and children. Id. at 97-98. In the disposition order, the court reaffirmed the termination of parental rights. Id. at 98.

G.L.S. filed a notice of appeal on March 27, 1997, contesting both the termination order and the disposition order. Id. The First District dismissed the appeal as to the termination of parental rights because the appeal was not filed within thirty days of the first order of February 13. Id. at 99. The court held that an order in which parental rights are terminated constitutes a final, appealable order, which must be reviewed immediately. Id. at 98. Judge Van Nortwick concurred in a separate opinion which suggested that parents should be able to appeal from either the initial termination order or the adjudicatory order.

In Moore, the Fifth District held that dispositional orders are final judgments in termination proceedings for purposes of appeal of the provisions of both a termination order and a disposition order. 664 So.2d at 1139. The court reasoned that the statutory scheme expressly contemplated the entry of two orders in a termination case, the last of which, the disposition order, should be deemed the final order. Id.

STATUTORY SCHEME

The statutory framework governing this child dependency case requires that the court first hold an advisory hearing on the petition to terminate parental rights. § 39.466, Fla. Stat. (1995). Thereafter, at an adjudicatory hearing, the court "determine[s] whether or not the facts support the allegations stated in the petition" for terminating parental rights. § 39.01(4), Fla. Stat. (1995). The circuit judge must "enter a written order with the findings of fact and conclusions of law." § 39.467(5), Fla. Stat. (1995). Further, however, the statutes mandate that once the court finds that sufficient evidence supports termination, it should enter still another order terminating parental rights and ordering custody to an appropriate party. § 39.469. In the "final" disposition order prescribed by section 39.469(3) the statute requires the court to enter

a written order of disposition briefly stating the facts upon which its decision to terminate the parental rights is made. An order of termination of parental rights, whether based on parental consent or after *1183 notice served as prescribed in this part, permanently deprives the parents or legal guardian of any right to the child.

Id. (emphasis supplied). In this "final" disposition order, the court must also provide for a post-disposition hearing, at which the Department presents a permanent plan for the child's placement. In addition, the court may, after considering the "best interests of the child," order that the parents or relatives may have a finite amount of contact with the child while he or she is pending adoption. § 39.469(5), Fla. Stat. (1995).[1]

MOORE

Based upon an analysis of this framework, the Moore court concluded:

The statutory scheme contemplates entry of two written orders relative to a termination of parental rights, the first after the adjudicatory hearing and the second, a dispositional order wherein the "court shall enter a written order of disposition briefly stating the facts upon which its decision to terminate parental rights is made." Moore filed his notice of appeal directed to the adjudicatory order entered by Judge Mathis.

In In the Interest of T.M. and F.M., 614 So.2d 561 (Fla. 1st DCA 1993) (motion to dismiss denied), 622 So.2d 589 (Fla. 1st DCA 1993), approved, 641 So.2d 410 (Fla. 1994), a similar situation arose and the question of the appealability of an adjudicatory order terminating parental rights was addressed. The First District, in denying a motion to dismiss the appeal as coming from a non-appealable order, stated:

As discussed by this court in the context of delinquency proceedings, the orders authorized by chapter 39 of the Florida Statutes do not always fit neatly into the traditional categories of final and non-final orders. See C.L.S. v. State, 586 So.2d 1173 (Fla. 1st DCA 1991). We nevertheless regard the September 21 [adjudicatory] order as sufficiently final *1184 on the question of the father's parental rights to be appealable. Even if it were not and only the November 9 [dispositional] order is appealable, we would treat the October 16 notice of appeal as prematurely filed and accept jurisdiction.
Since the statutory scheme contemplates entry of two orders on the issue of termination of parental rights, we hold that it is the second or dispositional order which is the final order for purposes of appeal. Thus, as referenced in T.M., a notice of appeal directed to an adjudicatory order should simply be treated as a premature notice which is held in abeyance until entry of the dispositional order. Since the notice of appeal is premature, it would not act to divest the trial court of jurisdiction and the court could proceed to enter the dispositional order.

664 So.2d at 1139 (emphasis supplied). Hence, the Fifth District concluded, contrary to the holding of the First District here, that the prior termination order may be reviewed in an appeal from the later dispositional order. While we agree with this conclusion, we also agree with the First District that the initial order terminating parental rights is appealable, and, in fact, we encourage parents and other parties to these proceedings to initiate an appeal at the earliest reasonable opportunity in order to carry out the policy of this Court and the legislature to expedite proceedings involving the lives of young children.

As can be seen from the foregoing discussion of the statutes, there appears to be a reasonable basis for the holdings in both the conflicting district court opinions in G.L.S. and Moore.

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Bluebook (online)
724 So. 2d 1181, 1998 WL 892668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gls-v-dept-of-children-and-families-fla-1998.