MARJORIE MAE GERRY, PETITIONER,
v.
THE HONORABLE ERNEST C. AULLS, JR., CIRCUIT JUDGE, RESPONDENT
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SHARP, Judge.
This petition for issuance of a common law writ of certiorari1 presents the question of whether the trial court departed from the essential requirements of law in denying Gerry’s motion to require the Department of Health and Rehabilitative Services (HRS) to enter into a performance agreement with the view of her re-obtaining custody of her son. The child had been adjudicated to be a dependent child. We ruled in In Re C.B., 453 So. 2d 220 (Fla. 5th DCA 1984), that it was not necessary in a clear case of child abuse or abandonment, for HRS to enter into a performance agreement with a parent prior to instituting permanent commitment proceedings. We think C.B. is controlling in this case. However, because the issues are ones of great public importance, we again certify2 the following question to the Florida Supreme Court:
WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(l)(f)l.a.
PETITION DENIED.
COBB, C.J., and DAUKSCH, J., concur. . Fla.R.App.P. 9.030(b)(3).
. Fla.R.App.P. 9.030(a)(2)(A)(v).
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In the Interest of L.T. and C.T. v. State, 464 So. 2d 201 (Fla. 5th DCA 1985)…to enter into a performance agreement before proceedings can be instituted to terminate parental rights. We have decided this issue contrary to the position of the appellant in In Interest of C.B., 453 So. 2d 220 (Fla. 5th DCA 1984); Gerry v. Aulls, 457 So. 2d 598 (Fla. 5th DCA 1984). But cf. In Interest of C.T.G., 460 So. 2d 495 (Fla. 1st DCA Dec. 11, 1984) where the First District Court of Appeal held that the preparation of a performance agreement is mandatory prior to instituting permanent commitment proc…
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Gerry v. Dep't of Health & Rehabilitative Servs., 476 So. 2d 1279 (Fla. 1985)…McDONALD, Justice. We have for review Gerry v. Aulls, 457 So. 2d 598 (Fla. 5th DCA 1984), which certified the following question of great public importance: WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO…
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In re the Interest of M.E.W. v. State, 464 So. 2d 1322 (Fla. 5th DCA 1985)…to section 409.168, Florida Statutes (1983), where it appears the child has been abandoned or abused, and returning the child to the custody of its parent is not a feasible alternative. In Re C.B., 453 So. 2d 220 (Fla. 5th DCA 1984); Gerry v. Aulls, 457 So. 2d 598 (Fla. 5th DCA 1984). We acknowledge a conflict with our sister court on this point. See In Re C.T.G., 460 So. 2d 495 (Fla. 1st DCA 1984). The record in this case supports a finding of abandonment by clear and convincing evidence. Williams left the…
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- In re the Interest of C.B. v. Dep't of Health & Rehabilitative Servs., 453 So. 2d 220 (Fla. 5th DCA 1984)