Abstract

YOU CAN NEVER GO HOME AGAIN: THE FLORIDA LEGISLATURE ADDS INCARCERATION TO THE LIST OF STATUTORY GROUNDS FOR TERMINATION OF PARENTAL RIGHTS

THE HONORABLE JEAN M. JOHNSON AND CHRISTA N. FLOWERS

Copyright 1998 Florida State University Law Review

This Article examines Florida's new termination of parental rights statute from a constitutional and judicial economy perspective. Part II discusses the grounds for termination available prior to the new statute, and the events leading to the new statute's enactment. Part III provides a summary of the requirements of the new statute. Part IV provides a constitutional analysis of the new statute, considering both substantive and procedural due process issues. Part V examines the effect the new statute will have on the judiciary. Part VI highlights potential problems with the new statute. Finally, Part VII concludes that despite its potential problems and uncertainty, the new statute is a welcome addition to the ongoing effort to protect Florida's children from harm.

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