The Florida Senate

39.4611  Elements of petition for termination of parental rights.--

(1)  A petition for termination of parental rights filed under this chapter must contain facts supporting the following allegations:

¹(a)  That at least one of the grounds listed in s. 39.464 has been met.

¹(b)  That the parents of the child were informed of their right to counsel at all hearings that they attend and that a dispositional order adjudicating the child dependent was entered in any prior dependency proceeding relied upon in offering a parent a case plan as described in s. 39.464.

(c)  That the manifest best interests of the child, in accordance with s. 39.4612, would be served by the granting of the petition.

¹(2)  When a petition for termination of parental rights is filed under s. 39.464(1), a separate petition for dependency need not be filed and the department need not offer the parents a case plan with a goal of reunification, but may instead file with the court a case plan with a goal of termination of parental rights.

(3)  The fact that a child has been previously adjudicated dependent as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency.

(4)  The fact that the parent of a child was informed of the right to counsel in any prior dependency proceeding as alleged in a petition for termination of parental rights may be proved by the introduction of a certified copy of the order of adjudication or the order of disposition of dependency containing a finding of fact that the parent was so advised.

(5)  Whenever the department has entered into a case plan with a parent with the goal of reunification, and a petition for termination of parental rights based on the same facts as are covered in the case plan is filed prior to the time agreed upon in the case plan for the performance of the case plan, the petitioner must allege and prove by clear and convincing evidence that the parent has materially breached the provisions of the case plan.

History.--s. 30, ch. 94-164; s. 13, ch. 97-276.

¹Note.--Reenacted effective July 1, 1998, by s. 13, ch. 97-276, to incorporate the amendment to s. 39.464 by that law effective on that date.