Legal Opinion

S.H. v. Dep't of Children & Families

District Court of Appeal of Florida

Decided February 14, 2019No. Case No. 5D18-3554Published

1Per curiam

S.H. ("Mother") appeals the final judgment terminating her parental rights to M.B.1 We reverse because the trial court terminated Mother's parental rights based on grounds not pled in the petition.

The Department of Children and Families ("the Department") received an abuse report regarding M.B. upon her birth. It responded to the hospital the next day and interviewed Mother, who admitted to smoking marijuana during her pregnancy and testing positive for THC and methamphetamine two months before giving birth. Mother also admitted that she was confined under the Baker Act three times during her…

2Cases cited3 opinions

  1. C.R. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2017
  2. Z.M. v. State, Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2008
  3. D.W.Q. v. A.B.District Court of Appeal of Florida · 2015

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