It’s Friday and there’s not much to say on this one. Mr. Joyce (for the mother) is right that the Three or More Removals TPR ground in Section 39.806(1)(l) is almost blatantly unconstitutional without some saving nexus construction, but the argument wasn’t preserved below in this case and it sounds like there were other grounds available to TPR the mother. Even though there might be technical arguments about sufficiency of the evidence and reliance on judicially noticed documents, it doesn’t sound like anyone on the bench is willing to bend over backwards to preserve this mother’s rights.
I note that the State’s argument was repeatedly that “this mother chose cocaine over her child.” I also note that there are a lot of chronic illnesses that cause parents to be out of the home periodically that nobody would consider TPR’ing a parent for. Substance dependency among poor people who don’t have the resources to minimize the harm to their families is not on that list.