K.D. v. Department of Children & Family Services & Guardian Ad Litem Program, 132 So. 3d 877

DCF sought termination of parental rights for K.D. and Z.H. as to twins Z.C.(1) and Z.C.(2).
This is the second appeal in the termination proceeding and the en banc court previously reversed and remanded.
On remand, there was disagreement over whether additional evidence could be introduced before final rulings on least restrictive means and manifest best interests.
The trial court elected to reapply the existing evidence to the statutory tests rather than admit new evidence, prompting renewed review.
The final hearing occurred when the twins were three; circumstances had changed (separation of parents, living with maternal grandfather, potential adoption, and older half-sibling).
The court concluded current information was necessary to properly assess least restrictive means and manifest best interests, and ordered another evidentiary hearing remanded for that purpose.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by not updating evidence before manifest best interests decision	K.D. argued updated evidence was needed	Z.H. and DCF argued existing record sufficed	Remand for updated evidence on manifest best interests
Whether the court could consider additional evidence before final determination	K.D. sought permission to introduce new evidence	GAL supported no new evidence	Remand to receive additional evidence on least restrictive means and best interests
Whether termination was the appropriate disposition given new circumstances	Termination/adoption may be warranted	Adjudication of dependency or other disposition possible due to changes	Court remanded to determine least restrictive means and manifest best interests with current evidence

Department of Children & Family Servs. v. K.D., 88 So.3d 977 (Fla. 2d DCA 2012) (en banc decision guiding framework for expedited termination petitions and alternatives)