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R.M. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 4D02-3416.

847 So.2d 1103 (2003)

R.M., The Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fourth District.

June 18, 2003.

Attorney(s) appearing for the Case

Kathleen K. Pena, Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Laurel R. Wiley, Assistant Attorney General, Fort Lauderdale, for appellee.

WARNER, J.

An incarcerated father appeals the termination of his parental rights to his two children, claiming that the trial court erred in relying on section 39.806(1)(d)3, Florida Statutes (2001), as a ground for termination. That section permits the court to terminate the rights of an incarcerated parent when the court determines by clear and convincing evidence that "continuing the parental relationship would be harmful to the child." The father contends that...

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