This section contains the nature of the case and procedural background.

B.G.J. was born to a cocaine-addicted mother and placed in a foster home with FP. DCF filed a Petition for Termination of Parental Rights (TPR) which was issued on January 10, 2001. B.G.J. was placed in the custody of DCF for the purpose of subsequent adoption. FP contacted DCF, expressing interest in adopting B.G.J. DCF adoption unit caseworker, Michelle Foraker, was concerned because of DCF's policy to try to keep siblings together. D had already finalized their adoption of B.G.J.'s twin brothers. At a hearing, DCF stated that it was exploring other options for the placement of B.G.J., including placement with her siblings. FP came before the trial court again in an attempt to finalize B.G.J.'s adoption. DCF stated that it would not place the child with FP. as a permanent placement. DCF asked for more time and it was granted. After the match staffing was completed, DCF gave consent to D to adopt B.G.J. On October 29, 2001, B.G.J.'s guardian ad litem filed an objection to DCF's selection of D pursuant to section 39.811(9), Florida Statutes (2001). The judge decided that it was in B.G.J.'s best interest to stay with FP because they had bonded. In addition, the trial court found that DCF had previously consented to FP adopting B.G.J. at the August 8th hearing, and therefore, DCF was estopped from contesting that consent. This appeal resulted.

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