KIMBERLY HORNBACK, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE

Fla. 3d DCA | 1991-03-19
No. 90-1177
Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ. '
576 So. 2d 416 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Kimberly Hornback, appeals an order granting a performance agreement with a goal of terminating her parental rights, after an action adjudicating her minor son dependent. We affirm.

The paramount consideration in this, and every other child dependency case, is the welfare and best interest of the child. Fitzpatrick v. Department of Health & Rehabilitative Services, 515 So. 2d 319 (Fla. 3d DCA 1987).

Although Florida Statutes provide for performance agreements, such agreements still have as their ultimate goal the welfare of the child. However, where that welfare precludes the return of the child to a parent, then it is appropriate to terminate the parental rights. See, e.g., Burk v. Department of Health & Rehabilitative Services, 476 So. 2d 1275 (Fla.1985).

We find no error and affirm.


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  • In the Interest of J.A.C. and J.L.C. v. Crouch, 634 So. 2d 1087 (Fla. 2d DCA 1993)
    …however, need not be reunification of the parent and child. See Warren v. Department of Health & Rehabilitative Servs., 501 So. 2d 706 (Fla. 2d DCA), review denied, 508 So. 2d 16 (Fla.1987); Hornback v. Department of Health & Rehabilitative Servs., 576 So. 2d 416 (Fla. 3d DCA 1991). Termination of parental rights and subsequent adoption may be the goal of a plan when the return of the child to the parent would be unsafe. See § 39.451, Fla. Stat. (1993); Warren. Moreover, parental rights have been terminated…

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