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D.T.S. v. J.M.
Citations: 33 So. 3d 106; 2010 Fla. App. LEXIS 5527Docket: No. 1D09-4395
Court: District Court of Appeal of Florida; April 26, 2010; Florida; State Appellate Court
D.T.S. appeals the final order that terminated his parental rights to his son, O.T.S., based on consent under Florida Statutes Chapter 68. The court had arranged for the child to be placed with prospective adoptive parents, J.M. and S.M., pending a favorable report under the Interstate Compact for Placement of Children. After an evidentiary hearing, D.T.S. revoked his consent, but the court rejected this revocation. The appellate court reverses the termination, citing insufficient evidentiary support for the lower court's decision, referencing the precedent set in In re: Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla. 1995). The court notes that while Section 68.062(1) allows for termination of parental rights with written consent compliant with Section 63.082, D.T.S.'s signed consent form allowed him to withdraw consent at any time before placement, which he did. However, Section 63.082(4)(c) limits the revocation period to three days, creating a conflict. The hearing transcript also indicates that D.T.S.'s testimony regarding consent was not clear, further questioning the validity of his consent. Consequently, the appellate court reverses the termination order and instructs the lower court to dismiss the petition for involuntary termination of parental rights. Judges WOLF, BENTON, and PADOVANO concur in the decision.