DEPARTMENT OF CHILD. AND FAM. SERV. v. B.C.

No. 4D02-4987.

884 So.2d 955 (2003)

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellant, v. B.C., The Father, Appellee.

District Court of Appeal of Florida, Fourth District.

August 27, 2003.


Attorney(s) appearing for the Case

Jeffrey Dana Gillen, West Palm Beach, for appellant.

Frank A. Kreidler, Lake Worth, for appellee.


KLEIN, J.

A parent's rights can be terminated, under our statute, if the parent is incarcerated for a period which will constitute a substantial portion of the child's minority. The question in this case is whether the statute allows the court to consider the entire period of incarceration, or only the period to be served after the petition for termination is filed. We conclude that it is the former and reverse.

The trial court found that the father, who was...

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