Hroncich v. Department of Health

667 So. 2d 804, 1995 WL 703617
CourtDistrict Court of Appeal of Florida
DecidedFebruary 9, 1996
Docket95-761
StatusPublished
Cited by6 cases

This text of 667 So. 2d 804 (Hroncich v. Department of Health) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hroncich v. Department of Health, 667 So. 2d 804, 1995 WL 703617 (Fla. Ct. App. 1996).

Opinion

667 So.2d 804 (1995)

Nancy HRONCICH, Appellant,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

No. 95-761.

District Court of Appeal of Florida, Fifth District.

November 28, 1995.
As Amended on Denial of Rehearing February 9, 1996.

*805 Douglas D. Marks of Potter, McClelland & Marks, P.A., Melbourne, for Appellant.

Cindy M. Rothfeld, Cocoa, for Appellee.

SHARP, Judge.

Hroncich, the natural mother, appeals from a judgment terminating her parental rights to her daughter, Veronica, age four. She argues that HRS failed to produce clear and convincing evidence of prospective risk of neglect to justify termination of her parental rights. We agree and reverse.

This case began in February of 1992 when HRS received a call about Veronica. An investigator reported that the apartment in which Hroncich and Veronica were living was littered with dirty clothes, and that it smelled of spoiling food and urine. Veronica appeared as if she had been playing in the yard and needed a bath.

The case was referred to Protective Services, and in April of 1992, and again in November of that year, an investigator reported similar conditions as to both the child and the apartment. Hroncich explained that Veronica slipped out of the apartment occasionally without her knowledge, and she had to find her and bring her home. The investigations resulted in referrals to Protective Services and the case was closed without classification.

Hroncich was told HRS wanted someone to come to her home and help her with homemaking tasks. She refused. Thereafter a non-sheltered dependency petition was filed and an order entered. The court ordered protective supervision and the establishment of a plan for treatment, training, and conduct. Hroncich signed the plan, but did not comply with it.

In February of 1993, Hroncich was evicted from her apartment because the residence was sold. Veronica was placed in a shelter. For a time, Hroncich was homeless.

The evidence in this record showed that although Hroncich was intelligent and had the potential to support herself and her child,[1] she was suffering from schizophrenia, paranoid type. Beverly Goering-Nichols, a psychologist who evaluated Hroncich for the court, testified that Hroncich's mental illness was in a residual phase, and she had no retardation or intellectual impairment.

Goering-Nichols further testified that schizophrenia is a mental illness which typically strikes late in adolescence. Persons suffering from this condition experience generalized anxiety and anger. They appear argumentative and tend to interpret the actions of others as deliberately meant to demean them. It is a thought disorder problem and the outside world appears stilted. Victims are intent and tense and can be difficult to deal with. Active or acute symptoms of schizophrenia include hallucinations, incoherence and bizarre delusions.

In the residual phase, in which Hroncich was classified, persons are impaired in their ability to take care of their daily lives and needs and they are characterized by social isolation. As homemakers and wage earners their abilities to function are diminished, and they exhibit peculiar behaviors. Personal hygiene is neglected. They have symptoms *806 of thought disorder, even though the illness is not active or acute.

It has now been determined that schizophrenia is caused by a chemical imbalance in the body, and it can be treated successfully with medication. The illness is not a matter of choice to the person who has it, and the impairment suffered is real and a direct cause of the disease. Goering-Nichols testified that in remission, the person can go into high functioning.[2] She said it was very safe to say that in remission, with treatment, a person's general manner of functioning will improve. Great improvement can be achieved through drug therapy within a few weeks.

One of the main features of the disease is suspicion and lack of trust of others. It is very important in the treatment of such persons that there be a good rapport between the therapist and the patient. Such persons need support and nurturing, and a lot of hands-on effort. The disease often scares people away who are untrained and unfamiliar with the characteristics of the disease. Such patients can be dirty and verbally abusive.

Aside from this mental illness, there was nothing in this record that appeared to render Hroncich incapable of parenting her child and carrying out the tasks required of her under the performance agreement. The expert recommended Hroncich be referred to a mental health agency such as Circles of Care, and that she obtain out-patient treatment. She said:

My belief was what needed to happen was that she needed to get into a treatment situation where she could be provided some support and help and stability. And if she were to have that kind of support and help and stability, which can be offered through such treatment, then I think that would greatly enhance her ability to be compliant on the other issues; such as, the parenting education, etc., you know. But I felt that she needed some help and support. And that was prerequisite to her being able to successfully complete the other tasks.

However, she did not discuss her recommendations with Hroncich, although Hroncich stopped by to see her on several occasions. The recommendations were given to Hroncich's HRS counselor and to Hroncich's attorney.

Between the time of Veronica's being placed in foster care and the time of the hearing to terminate parental rights, Hroncich's case had been assigned to five successive case workers. The last one, Chatwood, had an undergraduate degree in psychology, and was the only person who had worked with Hroncich from HRS who had any experience or knowledge in dealing with people suffering from this kind of mental disorder. The original performance agreement was drafted by a counselor who had never met or talked with Hroncich, and who was unaware of her illness.

Shortly after Chatwood became involved in her case, Hroncich made great strides forward. She obtained an apartment and applied for social security. Chatwood had physically taken Hroncich to accomplish these tasks. Hroncich explained she applied for social security income in September of 1994. She waited that long because she had thought she would have to make herself disabled to get it, and that would jeopardize her ability to become employed in the future. She also delayed going to the housing authority for help in obtaining a place to live because she had no income.

At the time of the final hearing, she had completed all the parenting classes required by the HRS plan and received a certificate of successful completion. She had completed her mental health assessment and maintained contact with HRS, providing them with a list of names of people living within her residence. She had applied for and was receiving social security income of $400.00 per month, and had a lease to a one-bedroom apartment. It was conceded by HRS that Hroncich had "religiously" exercised visitation with Veronica. In closing argument the *807 attorney for HRS said Hroncich's compliance was "too little too late."

At the conclusion of the hearing, the trial judge ruled that HRS had proven by clear and convincing evidence that Hroncich neglected her child based on the original dirty apartment reports and the fact that Hroncich allowed herself to be evicted from her apartment in 1992.

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667 So. 2d 804, 1995 WL 703617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hroncich-v-department-of-health-fladistctapp-1996.