R.S. v. Department of Children and Families

The parental rights of R.S. were terminated. R.S. raises multiple issues on appeal. We write to address only the issue of whether the trial court erred by terminating R.S.'s parental rights on a ground not pleaded in the termination petition. On that issue, we reverse. The Department of Children and Families (DCF) filed a petition for termination of parental rights as to R.S. and her four children. In the petition, DCF stated five grounds for termination: Florida Statutes sections 39.806(1)(b), 39.806(1)(c), 39.806(1)(d)3., 39.806(1)(e), and 39.806(1)(f). During DCF's opening statement at the termination hearing, DCF requested termination on three grounds: 39.806(1)(b), 39.806(1)(b)3. [presumably 39.806(1)(d)3.], and 39.806(1)(c).