M.J., the mother, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES (2021)

M.J. (“the Mother”) appeals the final judgment terminating parental rights to her two children. The trial court terminated the Mother's rights based on three statutory grounds: section 39.806(1)(c) (continuing involvement of the parent in the parent-child relationship threatens the child's well-being irrespective of services); section 39.806(1)(e)1. (failure to substantially comply with the case plan); and section 39.806(1)(e)2. (material breach of the case plan), Florida Statutes (2019). We affirm on the first two statutory grounds without further comment. Because section 39.806(1)(e)2. was not raised as a basis for termination in the petition to terminate parental rights, we reverse and remand for the trial court to strike that portion of the order. See J.C. v. Dep't of Child. & Fams., 959 So. 2d 431, 431–32 (Fla. 4th DCA 2007) (reversing and remanding portion of final judgment that based termination of parental rights on a ground not pled); R.S. v. Dep't of Child. & Fams., 872 So. 2d 412, 413 (Fla. 4th DCA 2004) (holding that it is a denial of due process to terminate parental rights based on a statutory ground not pled in the petition, not raised during opening statements, and not tried by consent). However, since two other statutory grounds support termination, “the ultimate outcome of this case is not impacted by the need to correct this error.” R.S., 872 So. 2d at 413.

Affirmed in part, reversed in part, and remanded.

Damoorgian, J.

Levine and Kuntz, JJ., concur.