225 So. 3d 393
Fla. Dist. Ct. App.2017Background
- Mother received notice of an adjudicatory hearing but did not appear in court.
- When contacted by phone during the hearing, Mother said she was outside a hospital due to panic attacks but had not checked in for treatment.
- Mother told the court she intended to surrender her parental rights and asked to come the next morning, citing lack of transportation.
- The court refused to continue the hearing unless she was admitted to the hospital, gave her until 5:00 p.m. to appear or admit herself, and offered counsel-arranged transport.
- Mother repeatedly told the court to default her, declined the offered transport, did not answer her attorney’s calls, and failed to appear by the deadline.
- The trial court entered a default consent and later terminated Mother’s parental rights; Mother appealed arguing inability to attend due to circumstances beyond her control.
Issues
| Issue | Mother’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether entry of consent-by-default termination under §39.801(3)(d) was an abuse of discretion when Mother failed to appear | Mother asserted medical issues (panic attacks) prevented her attendance and thus her absence was due to forces beyond her control | Mother had notice, was outside the hospital but did not admit herself, refused offered transport, and voluntarily remained absent | Affirmed: default consent was proper because Mother’s absence was voluntary and not caused by uncontrollable forces |
Key Cases Cited
- E.A. v. Dep’t of Child. & Fams., 894 So.2d 1049 (Fla. 5th DCA 2005) (default should be set aside when parent makes reasonable effort and delay is due to factors beyond control)
- A.H. v. Dep’t of Child. & Fams., 22 So.3d 801 (Fla. 5th DCA 2009) (courts should refrain from default when absent parent makes reasonable efforts and is delayed by uncontrollable forces)
- R.P. v. Dep’t of Child. & Fams., 835 So.2d 1212 (Fla. 4th DCA 2003) (same principle regarding excusable delays and defaults)
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1979) (recognizing a natural parent’s fundamental liberty interest in the child)