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Florida Rules of Juvenile Procedure
 

Florida Rules of Juvenile Procedure

8.981 Petition for Involuntary Termination of Parental Rights

PETITION FOR TERMINATION OF PARENTAL RIGHTS

Petitioner, .....(petitioner’s name)....., respectfully petitions this court for termination of parental rights and permanent commitment of the minor child(ren), .....(name(s))....., to .....(agency name)..... for the purpose of subsequent adoption, and as grounds states the following:

A. PARTIES

1. The child, .....(name)....., is a male/female child born on .....(date)....., at .....(city, county, state)...... At the time of the filing of this petition, the child is .....(age)...... A copy of the child’s birth certificate is attached to this Petition and incorporated as Petitioner’s Exhibit ......

COMMENT: Repeat above for each child on petition.

2. The child(ren) is/are presently in the care and custody of .....(name)....., and is/are residing in .................... County, Florida.

3. An affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act is attached to this as Petitioner’s Exhibit ......

4. The natural mother of the child(ren) is .....(name)....., who resides at ................................................................

5. The natural/alleged/putative father of the child(ren) .....(name(s))..... is .....(name)....., who resides at ............. .......................................................................................

COMMENT: Repeat #5 as necessary.

6. A guardian ad litem ..... has ..... has not been appointed to represent the interests of the child(ren) in this cause.

B. GROUNDS FOR TERMINATION

1. The parents have been advised of their right to legal counsel at all hearings that they attended.

2. On or about .....(date(s))....., the following occurred: .....(acts which were basis for dependency or TPR, if filed directly)......

3. The mother has .....(grounds for TPR)..... the minor child(ren) within the meaning and intent of section 39.806, Florida Statutes, in that: .....(allegations which form the statutory basis for grounds)......

4. The father has .....(grounds for TPR)..... the minor child(ren) within the meaning and intent of section 39.806, Florida Statutes, in that: .....(allegations which form the statutory basis for grounds)......

5. Under the provisions of sections 39.810(1)–(11), Florida Statutes, it is in the manifest best interests of the child(ren) for parental rights of .....(name(s))..... to be terminated for the following reasons: .....(allegations for each statutory factor in the manifest best interest test)......

6. A copy of this petition shall be served on the natural mother, .....(name)....., father(s), .....(name(s))....., the custodian, .....(name).....; and the guardian ad litem, ..... (name)......

7. This petition is filed by the petitioner in good faith and under oath.

WHEREFORE, the petitioner respectfully requests that this court grant this petition; find that the parents have abused, neglected, or abandoned the minor child(ren); find that termination of parental rights is in the manifest best interests of this/these child(ren); and that this court enter an order permanently committing this/these child(ren) to .....(agency)..... for subsequent adoption.

_____________________
.....(petitioner’s name and
identifying information).....

Verification
.....(attorney’s name).....
.....(address and telephone number).....
.....(Florida Bar number).....

Certificate of Service

 

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Florida Rules of Juvenile Procedure
8.000 Scope and Purpose
8.003 Family and Scope
PART I. DELINQUENCY PROCEEDINGS
A. PRELIMINARY PROCEEDINGS
8.005 Ordering Children into Custody
8.010 Detention Hearing
8.013 Detention Petition and Order
8.015 Arraignment of Detained Child
B. PLEADINGS, PROCESS, AND ORDERS
8.025 Style of Pleadings and Orders
8.030 Commencement of Formal Proceedings
8.031 Petition for Parental Sanctions
8.035 Petitions for Delinquency
8.040 Process
8.041 Witness Attendance and Subpoenas
8.045 Notice to Appear
8.055 Orders
C. DISCOVERY
8.060 Discovery
8.065 Notice of Defense of Alibi
D. ARRAIGNMENTS AND PLEAS
8.070 Arraignments
8.075 Pleas
8.080 Acceptance of Guilty or Nolo Contendere Plea
E. MOTIONS AND SERVICE OF PLEADINGS
8.085 Prehearing Motions and Service
8.090 Speedy Trial
8.095 Procedure when Child Believed to be Incompetent or Insane
F. HEARINGS
8.100 General Provisions for Hearings
8.104 Testimony by Closed-Circuit Television
8.105 Waiver of Jurisdiction
8.110 Adjudicatory Hearings
8.115 Disposition Hearing
8.120 Post-Disposition Hearing
G. RELIEF FROM ORDERS AND JUDGMENTS
8.130 Motion for Rehearing
8.135 Correction of Disposition or Commitment Orders
8.140 Extraordinary Relief
8.145 Supersedeas on Appeal
H. CONTEMPT
8.150 Contempt
I. GENERAL PROVISIONS
8.160 Transfer of Cases
8.165 Providing Counsel to Parties
8.170 Guardian Ad Litem
8.180 Computation and Enlargement of Time
8.185 Community Arbitration
PART II. DEPENDENCY AND TERMINATION OF PARENTAL RIGHTS PROCEEDINGS
A. GENERAL PROVISIONS
8.201 Commencement of Proceedings
8.203 Application of Uniform Child Custody Jurisdiction and Enforcement Act
8.205 Transfer of Cases
8.210 Parties and Participants
8.215 Guardian Ad Litem
8.217 Attorney Ad Litem
8.220 Style of Pleading and Orders
8.224 Permanent Mailing Address
8.225 Process, Diligent Searches and Service of Pleadings and Papers
8.230 Pleadings to be Signed
8.235 Motions
8.240 Computation, Continuance, Extension and Enlargement of Time
8.245 Discovery
8.250 Examinations, Evaluation and Treatment
8.255 General Provisions for Hearings
8.257 General Magistrates
8.260 Orders
8.265 Motion for Rehearing
8.270 Relief from Judgments or Orders
8.276 Appeal Procedures
8.285 Contempt
8.290 Dependency Mediation
8.292 Appointment and Discharge or Surrogate Parent
B. TAKING CHILDREN INTO CUSTODY AND SHELTER HEARINGS
8.300 Taking into Custody
8.305 Shelter Petition, Hearing and Order
C. PETITION, ARRAIGNMENT, ADJUDICATION, AND DISPOSITION
8.310 Dependency Petitions
8.315 Arraignments and Prehearing Conferences
8.320 Providing Counsel to Parties
8.325 Answers and Pleadings
8.330 Adjudicatory Hearings
8.332 Order Finding Dependency
8.335 Alternatives Pending Disposition
8.340 Disposition Hearings
8.345 Post-Disposition Relief
8.350 Placement of a Child into Residential Treatment Center after Adjudication of Dependency
8.355 Administration of Psychotropic Medication to a Child in Shelter Care or in Foster Care when Parental Consent has not been Obtained
D. CASE PLANS
8.400 Case Plan Development
8.410 Approval of Case Plans
8.415 Judicial Review of Dependency Cases
8.420 Case Plan Amendments
8.425 Permanency Hearings
8.430 Modification of Permanency Order
E. TERMINATION OF PARENTAL RIGHTS
8.500 Petition
8.505 Process and Service
8.510 Advisory Hearing and Pretrial Status Conferences
8.515 Providing Counsel to Parties
8.520 Answers and Responsive Pleadings
8.525 Adjudicatory Hearings
8.535 Postdisposition Hearings
PART III. PROCEEDINGS FOR FAMILIES AND CHILDREN IN NEED OF SERVICES
8.601 Commencement of Proceedings
8.603 Application of Uniform Child Custody Jurisdiction and Enforcement Act
8.605 Transfer of Cases
8.610 Parties
8.615 Providing Counsel to Parties
8.617 Guardian Ad Litem
8.620 Style of Pleadings and Orders
8.625 General Provisions for Hearings
8.630 Computation and Enlargement of Time
8.635 Process
8.640 Pleadings to be Signed
8.645 Orders
8.650 Taking into Custody
8.655 Shelter Petition, Hearing and Order
8.660 Petitions
8.665 Answers, Arraignments and Prehearing Conferences
8.670 Motions
8.675 Examinations, Evaluation and Treatment
8.680 Discovery
8.685 Adjudicatory Hearings
8.690 Disposition Hearings
8.695 Postdisposition Relief
PART IV. OTHER PROCEEDINGS
A. GUARDIAN ADVOCATES FOR DRUG-DEPENDENT NEWBORNS
8.705 Commencement of Proceedings
8.710 Parties
8.715 Guardian Ad Litem
8.720 Process and Service
8.725 Petition
8.730 Hearing
8.735 Review and Removal
B. JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY
8.800 Applicability
8.805 Commencement of Proceedings
8.810 Petition
8.815 Counsel
8.820 Hearing
8.825 Order and Judgment
8.830 Transcripts
8.835 Confidentiality of Records
PART V. FORMS FOR USE WITH RULES OF JUVENILE PROCEDURE
A. GENERAL FORMS
8.901 Caption of Pleadings and Orders
8.902 Verification
8.903 Certificate of Service
8.904 Affidavit for Order to Take into Custody
8.905 Order to Take into Custody
8.906 Release Order
8.907 Transfer Order
8.908 Summons
8.909 Plan for Treatment, Training or Conduct
8.911 Uniform Custody Jurisdiction and Enforcement Act Affidavit
8.912 Petition to Show Cause
8.913 Order to Show Cause
B. DELINQUENCY FORMS
8.929 Detention Order
8.930 Juvenile Notice to Appear
8.931 Delinquency Petition
8.932 Application for Counsel and Order
8.933 Waiver of Counsel
8.934 Order to Determine Mental Condition
8.935 Order of Incompetency
8.936 Order of Competency
8.937 Demand for Voluntary Waiver
8.938 Order of Voluntary Waiver
8.939 Motion for Involuntary Waiver
8.940 Motion to Compile Report
8.941 Order to Compile Report
8.942 Order of Involuntary Waiver
8.947 Disposition Order Delinquency
8.948 Petition for Revocation of Juvenile Probation
8.949 Order for HIV Testing
8.950 Restitution Order
8.951 Motion for Juvenile Sexual Offender Placement
C. DEPENDENCY FORMS
8.958 Order Appointing Surrogate Parent
8.959 Summons for Dependency Arraignment
8.960 Shelter Petition
8.961 Shelter Order
8.961(a) Order Authorizing Access to Child's Medical Records and Educational Records
8.962 Motion for Injunction
8.963 Injunction Order
8.964 Dependency Petition
8.965 Arraignment Order
8.966 Adjudication Order - Dependency
8.967 Order of Disposition, Acceptance of Case Plan and Notice of Hearing
8.968 Affidavit of Diligent Search
8.969 Sworn Statement Regarding Identity or Location of Father
8.970 Order on Judicial Review
8.971 Motion to Terminate Jurisdiction
8.972 Order Terminating Jurisdiction
8.973 Order on Judicial Review for Child Age 17 or Older
8.974 Petition to Extend or Reinstate Court's Jurisdiction
8.975 Dependency Order Withholding Adjudication
8.976 Proposed Relative Placement
8.977 Order Authorizing Child to Enter into Residential Leasehold and Secure Utility Services Before the Child's 18th Birthday
8.978 Order Authorizing Child to Secure Depository Financial Services Before the Child's 18th Birthday
8.978(a) Order Concerning Youth's Eligibility for Florida's Tuition and Fee Exemption
D. TERMINATION OF PARENTAL RIGHTS FORMS
8.979 Summons for Advisory Hearing
8.980 Petition for Termination of Parental Rights Based on Voluntary Relinquishment
8.981 Petition for Involuntary Termination of Parental Rights
8.982 Notice of Action for Advisory Hearing
8.983 Adjudication Order and Judgment of Involuntary Termination of Parental Rights
8.984 Judgment of Voluntary Termination of Parental Rights
8.985 Motion to Terminate Supervision and Jurisdiction
8.986 Order Terminating Supervision and Jurisdiction
E. JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY FORMS
8.987 Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy
8.988 Sworn Statement of True Name and Pseudonym
8.989 Advisory Notice to Minor
8.990 Final Order Granting Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy
8.991 Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy
8.992 Clerks Certificate Pursuant to Section 390.01114(4)(b), Florida Statutes
 
Florida Rules of Appellate Procedure
Florida Rules of Civil Procedure
Florida Rules of Criminal Procedure
Florida Rules of Evidence - Evidence Code
Florida Rules of Evidence - Witnesses, Records and Documents
Florida Family Law Rules of Procedure
Florida Rules of Judicial Administration
Florida Rules of Juvenile Procedure
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