JOANNA YELVERTON A/K/A JOANNA SCULL, APPELLANT,
v.
THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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Mother's appeal of permanent adoption commitment is reversed because the Department of Health and Rehabilitative Services failed to comply with section 409.168(3)(a) requiring a performance agreement before terminating parental rights.
A performance agreement must be prepared and offered to parents in every case where a social service agency obtains custody of a dependent child as a condition precedent to termination of parental rights.
[1] A performance agreement must be prepared and offered to parents as a condition precedent to termination of parental rights whenever a social service agency obtains custod…
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Join FLexlaw to unlock all legal intelligenceA mother appealed a judgment permanently committing her child for adoption after the Department of Health and Rehabilitative Services obtained custody…
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COBB, Chief Judge.
In this case the mother of a child permanently committed for adoption appeals that judgment. Although several issues are raised, the appellant’s fourth point is dis-positive in light of recent action by the Florida Supreme Court. That point is framed:
THE TRIAL COURT ERRED IN NOT REQUIRING APPELLEE TO COMPLY WITH SECTION 409.168(3)(A), FLORIDA STATUTES, WHICH REQUIRES A PERFORMANCE AGREEMENT IN EACH CASE WHERE CUSTODY OF A CHILD HAS BEEN VESTED VOLUNTARILY OR INVOLUNTARILY IN THE SOCIAL SERVICE AGENCY AND THE CHILD HAS BEEN PLACED IN FOSTER CARE.
In Burk v. Department of Health & Rehabilitative Services, 476 So. 2d 1275 (Fla.1985), and Gerry v. Department of Health & Rehabilitative Services, 476 So. 2d 1279 (Fla.1985), the Florida Supreme Court, in four-to-three opinions, agreed with the position herein asserted by the appellant: under the language of section 409.168, Florida Statutes (1983), a performance agreement must be prepared by the Department of Health and Rehabilitative Services and offered to parents in every case in which a social service agency obtains custody of a dependent child as a condition precedent to termination of parental rights.
REVERSED and REMANDED.
UPCHURCH and SHARP, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Burk v. Dep't of Health & Rehabilitative Servs., 476 So. 2d 1275 (Fla. 1985)
- Gerry v. Dep't of Health & Rehabilitative Servs., 476 So. 2d 1279 (Fla. 1985)