L.C., the Mother v. Department of Children and Families
CourtDistrict Court of Appeal of Florida
Date FiledOctober 28, 2026
Docket3D2026-1246
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 28, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D26-1246
Lower Tribunal No. D15-16021
________________
L.C., the Mother,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Michelle
Alvarez Barakat, Judge.
Albert W. Guffanti, P.A., and Albert W. Guffanti, for appellant.
Sara Elizabeth Goldfarb and Laura J. Lee (Tallahassee), for appellee
Guardian ad Litem; Karla F. Perkins, for appellee Department of Children
and Families.
Before SCALES, C.J., and LOGUE and BOKOR, JJ.
PER CURIAM.
Appellant L.C. (“Mother”) failed to appear at an April 17, 2026
adjudicatory hearing on appellee Department of Children and Families’
(“DCF”) petition to terminate Mother’s parental rights for her minor child, A.I.,
(“TPR petition”). This resulted in a consent default.1 The trial court thereafter
entered an April 22, 2026 final judgment terminating Mother’s parental rights.
We affirm the trial court’s denial of Mother’s motion to vacate the consent
1
See § 39.801(3)(e), Fla. Stat. (2026) (“If a parent appears for the advisory
hearing and the court orders that parent to appear at the adjudicatory hearing
for the petition for termination of parental rights, stating the date, time, and
location of the hearing . . . , then failure of that parent to appear . . . at the
adjudicatory hearing constitutes consent for termination of parental rights.”);
Fla. Dep’t of Child. & Fam. Servs. v. P.E., 14 So. 3d 228, 235 (Fla. 2009)
(“The Legislature has unequivocally provided that the parent’s failure to
personally appear evidences a parent’s consent to the termination of his or
her parental rights. The trial court’s entry of the consent for the parent
essentially constitutes entry of a default, i.e., a consent to the allegations in
the petition and termination of parental rights.”).
2
default2 and the trial court’s final judgment terminating Mother’s parental
rights.3
We remand, however, so the trial court may correct what appears to
be inadvertent scrivener’s errors contained in the Introduction section of the
final judgment. The Introduction states that “[t]he Department is not seeking
to terminate the mother’s rights” and the “Court had the opportunity to listen
2
See P.E., 14 So. 3d at 236 (“Under [the three-part test], ‘the party seeking
to vacate the default [must] act with due diligence, demonstrate excusable
neglect, and demonstrate the existence of a meritorious defense to the
termination petition.’” (quoting E.S. v. Dep’t of Child. & Fam. Servs., 878 So.
2d 493, 496 (Fla. 3d DCA 2004))); A.B. v. Dep’t of Child. & Fams., 291 So.
3d 161, 164 (Fla. 5th DCA 2020) (“[Mother’s] only attempt to address this
third prong at the hearing consisted of a vague, underdeveloped suggestion
of a potential defense to one of the three separate statutory grounds for
termination of her parental rights alleged in DCF’s petition. Mother failed to
suggest the existence of any defense to the other two statutory grounds
alleged by DCF. Under these circumstances, we conclude that the trial court
did not abuse its discretion in denying Mother’s ‘Motion to Set Aside
Default[.]’”).
3
See L.E. v. Dep’t of Child. & Fams., 91 So. 3d 243, 244 (Fla. 4th DCA 2012)
(“The final judgment was based on the mother’s constructive consent to the
Petition for Termination of Parental Rights and Permanent Commitment of
Minor Child filed by the Department of Children and Families. By her consent
to the petition for termination of parental rights, the mother acknowledged
that a case plan would be futile and thus implicitly agreed that termination is
the least restrictive means of protecting the child from harm.”); In re G.M., 36
So. 3d 869, 872 (Fla. 2d DCA 2010) (“Although this court has concluded that
the trial court must determine whether termination is in the manifest best
interest of the child regardless of whether the parents participate in the final
hearing, no such requirement exists regarding the issue of least restrictive
means.”) (citation omitted).
3
to, observe, and weigh evidence” on each of the grounds alleged in DCF’s
TPR petition. The Mother is correct that those statements are inaccurate.
Indeed, DCF’s TPR petition sought to terminate Mother’s parental rights,
and, by virtue of the consent default, the trial court heard no evidence below
on the grounds alleged in DCF’s TPR petition.4 But these inadvertent
mistakes do not constitute reversible error because they had no substantive
effect on the trial court’s analysis and decision. See T.V. v. Dep’t of Child. &
Fams., 318 So. 3d 649, 650 (Fla. 5th DCA 2021). We, therefore, affirm the
final judgment and remand only for the correction of the scrivener’s errors.
Id.
Affirmed and remanded with instructions.
4
See P.E., 14 So. 3d at 236 (“With the finding that the mother constructively
consented to termination and with no objection being made to the termination
by any other party, no purpose would have been served by requiring [DCF]
to present evidence regarding the statutory grounds for termination.”).
4