In the Interest of H.

District Court of Appeal of Florida

In the Interest of H.

494 So. 2d 304, 11 Fla. L. Weekly 2040, 1986 Fla. App. LEXIS 9817

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 1986

DocketNo. BH-171

StatusPublished

Cited by3 cases

This text of 494 So. 2d 304 (In the Interest of H.) 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.

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In the Interest of H., 494 So. 2d 304, 11 Fla. L. Weekly 2040, 1986 Fla. App. LEXIS 9817 (Fla. Ct. App. 1986).

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Opinion

SMITH, Judge.

This is an appeal from a final judgment of permanent commitment of an infant who was voluntarily placed in the custody of appellee, The Children’s Home Society, a licensed child-placing agency. We reverse.

The record indicates that prior to formally surrendering the child to the agency, the mother changed her mind about the adoption but failed to take custody of the infant during the ensuing six months.

The issue is whether a performance agreement under section 409.168(3), Florida Statutes (1985), 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 clear from the record herein that the child was in the custody of a licensed child-placing agency and had been placed in foster care. Cf., In the Interest of D.W.K., 492 So.2d 1360 (Fla. 1st DCA 1986), wherein the court held that a child placed in the custody and care of the maternal grandmother was not in foster care; thus no performance agreement was required.

REVERSED.

SHIVERS and ZEHMER, JJ., concur.

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SMITH, Judge.

This is an appeal from a final judgment of permanent commitment of an infant who was voluntarily placed in the custody of appellee, The Children’s Home Society, a licensed child-placing agency. We reverse.

The record indicates that prior to formally surrendering the child to the agency, the mother changed her mind about the adoption but failed to take custody of the infant during the ensuing six months.

The issue is whether a performance agreement under section 409.168(3), Florida Statutes (1985), 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 clear from the record herein that the child was in the custody of a licensed child-placing agency and had been placed in foster care. Cf., In the Interest of D.W.K., 492 So.2d 1360 (Fla. 1st DCA 1986), wherein the court held that a child placed in the custody and care of the maternal grandmother was not in foster care; thus no performance agreement was required.

REVERSED.

SHIVERS and ZEHMER, JJ., concur.

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494 So. 2d 304, 11 Fla. L. Weekly 2040, 1986 Fla. App. LEXIS 9817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-h-fladistctapp-1986.

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