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DEPARTMENT OF CHILDREN AND FAMILIES v. A.S.

No. 5D05-2906.

927 So.2d 204 (2006)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. A.S. and W.S., Parents of R.S., a Child, Appellees.

District Court of Appeal of Florida, Fifth District.

April 28, 2006.

Attorney(s) appearing for the Case

Ralph J. McMurphy, of the Department of Children and Families, Wildwood, for Appellant.

Diana K. Simpson, Ocala, for Appellee W.S.

Carol Ann Volini, Ocala, for Appellee A.S.

Patricia M. Propheter, Florida Guardian Ad Litem Program, Orlando.

SAWAYA, J.

In termination of parental rights proceedings, the Department of Children and Families (hereinafter "the Department") may petition for termination on the ground that "the parental rights of the parent to a sibling have been terminated involuntarily." § 39.806(1)(i), Fla. Stat. (2005) (emphasis added). The question here is whether parental rights are "involuntarily" terminated within the meaning of section 39.806(1)(i) when the parents...

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