HERBERT EARL WILLIAMS, PETITIONER,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENT
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Florida Supreme Court held that the Department of Health and Rehabilitative Services must enter into a performance agreement or plan prior to filing for permanent commitment of a child, even where abandonment or abuse is alleged, and that a natural mother's waiver of parental rights does not eliminate the natural father's right to enter into such an agreement.
A performance agreement or performance plan is a prerequisite to permanent commitment proceedings under section 409.168, Florida Statutes, regardless of prior parental abandonment or abuse.
[1] A performance agreement or performance plan is a mandatory prerequisite to permanent commitment proceedings under section 409.168, Florida Statutes, even when a child has…
[2] A natural mother's waiver of parental rights does not eliminate a natural father's independent right to enter into a performance agreement regarding the child.
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Join FLexlaw to unlock all legal intelligenceThe Fifth District Court of Appeal held that DHRS need not enter into a performance agreement before filing for permanent commitment where a child app…
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ADKINS, Justice.
We have for review Williams v. State, 464 So. 2d 1322 (Fla. 5th DCA 1985), which directly and expressly conflicts with Burk v. Department of Health and Rehabilitative Services, 476 So. 2d 1275 (Fla.1985), and In re C.T.G., 460 So. 2d 495 (Fla. 1st DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Fifth District Court of Appeal held that the Department of Health and Rehabilitative Services need not enter into a performance agreement prior to filing for permanent commitment, pursuant to section 409.168, Florida Statutes (1983), where it appears the child has been abandoned or abused. This finding is directly contrary to our recent opinion in Burk in which we held that either a performance agreement or a performance plan is a prerequisite to permanent commitment proceedings despite the fact that the parent had previously abandoned his children. Moreover, the natural mother’s waiver of her parental rights does not interfere with the natural father’s right to enter into a performance agreement.
Accordingly, we quash the decision of the district court and remand for proceedings consistent with this opinion.
It is so ordered.
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)…well established that parental rights cannot be terminated without the Department first offering each natural parent a performance agreement in compliance with the statutory requirements. Williams v. Department of Health and Rehabilitative Services, 482 So. 2d 1371 (Fla.1986); Burk v. Department of Health and Rehabilitative Services, 476 So. 2d 1275 (Fla.1985); In the Interest of H., 494 So. 2d 304 (Fla. 1st DCA 1986). It is undisputed from the testimony of the Department’s witnesses that neither performance a…1 / 2
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In the Interest of H., 494 So. 2d 304 (Fla. 1st DCA 1986)…85), is a prerequisite to permanent commitment proceedings. This case is controlled by Burk v. Department of Health and Rehabilitative Services, 476 So. 2d 1275 (Fla.1985) and followed in Williams v. Department of Health and Rehabilitative Services, 482 So. 2d 1371 (Fla.1986), holding that a performance agreement or a permanent placement plan is a prerequisite to permanent commitment proceedings when a child has been placed in foster care and despite the fact that the child has been abandoned or abused. It is…
Authorities Cited
- Burk v. Dep't of Health & Rehabilitative Servs., 476 So. 2d 1275 (Fla. 1985)
- In the Interest of C.T.G., 460 So. 2d 495 (Fla. 1st DCA 1984)
- In re the Interest of M.E.W. v. State, 464 So. 2d 1322 (Fla. 5th DCA 1985)