63 So. 3d 874
Fla. Dist. Ct. App.2011Background
- A.P. is a five-year-old whose mother died; DCF intervened after the family moved from Oregon to Florida.
- Appellant father was incarcerated in Oregon on a drug-related charge and had Oregon sex-crime convictions involving an unrelated minor.
- No Oregon court designated Appellant as a sexual predator, although such designation was available under Oregon law.
- DCF filed an expedited TPR petition citing incarceration, Oregon sex-crime convictions, a 10-year probation contact restriction, and abuse of A.P. based on her statement to DCF.
- The trial court erroneously found Appellant to be a sexual predator under Florida law; the court lacked authority to make that designation in a TPR case.
- The appellate court reversed the sexual-predator basis, remanded for an amended judgment, and affirmed termination on an alternative ground of abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of child hearsay under 90.803(23) | Appellant argues hearsay was improperly admitted. | DCF contends proper admissibility under applicable rules. | Affirmed on the hearsay ruling. |
| Authority to designate sexual predator for TPR termination | Appellant was not designated by sentencing court; designated by dependency court improperly. | DCF urged designation and termination under 39.806(1)(d)2 based on sexual predator status. | Reversed; designation by sentencing court pre-TPR required; remanded for amended judgment; affirmed on alternative abuse ground. |
Key Cases Cited
- State v. Robinson, 873 So.2d 1205 (Fla. 2004) (designated sexual predator must be set at sentencing)
- W.W. v. Dep't of Children & Families, 811 So.2d 791 (Fla. 4th DCA 2002) (TPR court cannot designate sexual predator; requires sentencing court)
- SB v. Dep't of Children & Families, 851 So.2d 689 (Fla. 2003) (dependency proceedings are civil; sexual predator issues tied to criminal sentencing)