Florida Department of Children & Family Services v. P.E.

We have for review the decision in In re H.E., 3 So.3d 341 (Fla. 2d DCA 2009), review granted, sub nom. Florida Department of Children & Family Services v. P.E., 4 So.3d 676 (Fla.2009), in which the Second District Court of Appeal addressed a question of statutory construction regarding a parent’s implied consent to termination of parental rights under section 39.801(3)(d), Florida Statutes (2007), The statute provides for entry of such consent upon a parent’s “failure to personally appear at the adjudicatory hearing.” § 39.801(3)(d). The Second District held that when the trial court enters…