DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
DIANE ORTIZ ET AL., APPELLEES
PER CURIAM.
The Department of Health and Rehabilitative Services (HRS) appeals the order requiring it to pay the cost of a psychological evaluation of the mother of an infant who was alleged to be dependent. We reverse.
In the absence of legislative authorization, the State cannot be held financially responsible unless the recipient of the service can show a constitutional right to the service. In Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991); In Interest of N.W., R.W., R.W. and R.W., 506 So. 2d 80 (Fla. 1st DCA 1987). In this case, there is no legislative authority requiring or authorizing HRS to pay for such services and the mother failed to demonstrate a constitutional right to the services, see In Interest of D.B. and D.S, 385 So. 2d 83 (Fla.1980), and thus it was error for the trial court to order HRS responsible for payment for the evaluation.
REVERSED.
W. SHARP, GOSHORN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Health & Rehabilitative Servs. v. Kahn, 639 So. 2d 689 (Fla. 5th DCA 1994)…urred where no constitutional right to the service exists. See, e.g., Department of Health and Rehabilitative Services v. Jones, 631 So. 2d 348 (Fla. 5th DCA 1994) (intelligence evaluation); Department of Health and Rehabilitative Seivices v. Ortiz, 627 So. 2d 124 (Fla. 5th DCA 1993) (psychological evaluation of natural mother); In Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991) (counseling services). None of these cases involved any threat of termination of parental rights.…
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Dep't OF Health & Rehabilitative Servs. v. Platt, 675 So. 2d 141 (Fla. 5th DCA 1996)…nt specific statutory direction for state payment of services or a constitutional right on the part of the parent to such services, the parent is responsible for payment of the services. See Department of Health and Rehabilitative Services v. Ortiz, 627 So. 2d 124 (Fla. 5th DCA 1993); In the Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991). In Ortiz, this court held that HRS was not financially responsible for the cost of the psychological evaluation of a parent undertaken in a dependency context. See al…
Authorities Cited
- In the Interest of D. B. and D. S., 385 So. 2d 83 (Fla. 1980)
- In the Interest of N.W., 506 So. 2d 80 (Fla. 1st DCA 1987)
- In the Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991)