S.H. v. Department of Children & Family Services

LaROSE, Judge.

S.H. argues that the trial court erroneously terminated his parental rights to his four children based solely on his incarceration. We have jurisdiction. See Fla. R.App. P. 9.146. We agree with S.H. and reverse.

The Department of Children and Family Services (DCF) filed an amended petition to terminate S.H.’s parental rights pursuant to section 39.806(l)(d)(l), Florida Statutes (2007). In pertinent part, the statute provides for termination of parental rights when the parent is incarcerated and the period of expected incarceration constitutes a substantial portion of time before…