In the Interest of T.S. v. State, Department of Health & Rehabilitative Services

464 So. 2d 677, 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652
CourtDistrict Court of Appeal of Florida
DecidedMarch 7, 1985
DocketNo. 84-552
StatusPublished
Cited by14 cases

This text of 464 So. 2d 677 (In the Interest of T.S. v. State, Department of Health & Rehabilitative Services) 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
In the Interest of T.S. v. State, Department of Health & Rehabilitative Services, 464 So. 2d 677, 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652 (Fla. Ct. App. 1985).

Opinion

COWART, Judge.

This is an appeal by a mother from an order permanently terminating her parental rights to her child, T.S.

T.S. was born two months premature on June 16, 1982, with numerous severe medical complications including heart and respiratory problems and sudden infant death syndrome. She required special medication, respiratory and heart monitors and twenty-four hour attention and was designated a special needs child.

The mother’s maiden name is Carolyn Elaine Williams. She is married to a man named Smith but her two children are fathered by Billy Ray Huff. When T.S. was born the mother was considered the sole parent. She was also the sole support of her two year old boy-child, Billy Huff, with whom she lived in a rundown one bedroom rental unit, with no stove and no refrigerator. The mother is Black and overweight, and has little education, no job skills, no car and no money.

When T.S. was about three months old and it was time for her to leave the hospital she was still in need of a heart monitor and constant special medical attention. The Department of Health and Rehabilitative Services (HRS) determined that the mother was “currently financially stressed” and unable to provide the basic care and specific medical care the child needed. HRS also felt the mother had not visited her baby in the hospital as often as she should have. The mother had been told the baby had [679]*679“brain damage” and she was reluctant to visit and become attached because she feared it was going to die. On September 10, 1982, HRS filed a petition to have T.S. adjudicated a dependent child. At the hearing on that petition the mother and the natural father, Billy Ray Huff, appeared and consented to the adjudication because they knew they could not financially provide the special medical care and attention needed by T.S. The court withheld adjudication, placed the child in the temporary custody of HRS and set a disposition hearing for October 29, 1982. However, on September 24, 1982, in the absence of the mother, the court adjudicated the child to be dependent1 continued the temporary custody of the child to HRS and ordered the mother to enter into a performance agreement2 with HRS. Ominously, the September 24, 1982, order also stated “refer to ARS3 unit.”

HRS took the baby from the hospital and placed it in a foster home4 located some distance from where the mother lived.

Ms. Joan M. Adkins, a foster care counselor with HRS determined that the mother had problems including (1) a lack of emotional bonding to the child, (2) inability to provide the baby’s needed medical care, (3) inability to understand the child’s special needs, and (4) inability to provide an adequate home environment. Ms. Adkins approached the mother with a performance agreement dated October 22, 1982, requiring (1) that the mother attend and successfully complete a parenting course of classes, (2) that the mother attend eighty percent of certain medical counseling sessions and provide reports to the court and HRS thereon, and (3) that the mother obtain and maintain an adequate apartment and necessary toys, furniture, clothing, food, etc., for two children. The mother was made to understand clearly that she would not be given the actual custody of her child T.S. unless she performed all of the “tasks” assigned to her by HRS and set forth in the performance agreement. She was fearful she might be unable to perform her assigned “tasks” and for this reason she refused to sign the performance agreement. A second performance agreement dated March 25, 1983, was also tendered by HRS. The mother again refused to sign for the same reason. When asked why she did not sign the agreements, she said: “I didn’t know whether or not ... I could stand up to it but I said I would try to the best of my ability to do, you know, the best I could.”

Although the mother never signed the two proposed performance agreements, or two related “visitation contracts,” HRS used them as a guide in dealing with the mother. The agreements squarely placed the “responsibility for regular and ongoing visitation between the child and the parent” equally upon the HRS counselor and the parent. The agreements recognized that the mother did not have transportation and the agreements specifically provided that the mother would be transported by the HRS foster care counselor for visitations, medical consultations and training sessions. The HRS visitation “contract” of March 25, 1983, permitted the mother to visit with her baby for one hour every two weeks but every week if she complied with the performance agreement.

During the months from September, 1982, to August, 1983, the mother tried to meet the terms dictated by her HRS counselor:

PARENTING TRAINING: HRS in one of the proposed performance agreements required the mother to successfully com-[680]*680píete a BETA5 parenting course. Apparently BETA required attendance of a twelve class course of three days a week for four weeks. In March, 1983, the mother attended three of the twelve sessions given that month. In April she attended three of the twelve sessions given that month and in May she attended six of the twelve sessions given that month. Many of the sessions covered the same class. The mother’s impression was that she went to 10 of 12 sessions, missing two when she had the flu. When the mother was told that to get a BETA certificate she had to attend, in June 1983, every one of twelve consecutive different classes, she gave up and did not get a certificate. However, in September 1983, one night each week for twelve weeks the mother took her son with her and walked to and from a vocational school and attended and successfully completed an HRS Developmental Services parental training course. HRS gave a certificate indicating that the mother had successfully completed 20 hours of training in Child Development Using Behavior Modification Techniques.

HOUSING: Because HRS told her she needed more adequate housing, the mother applied for housing assistance and applied for many apartments. She also applied to the Housing Authority. After going to sessions required by HUD (Housing and Urban Development) about June of 1983, the mother moved into government owned housing having three bedrooms and a bath and a kitchen. She got furniture from Goodwill. Because HRS told her she should have them the mother also bought a baby bed and toys for T.S. HRS admits the mother met HRS requirements for adequate housing.

EMPLOYMENT: One performance agreement required the mother to actively seek employment. The mother worked from January until April of 1983 as a nurse’s aide but was not otherwise employed. The juvenile judge reviewed the status of the case6 in September of 1983 and again referred the case to the Adoption and Related Services Unit of HRS and also ordered “the mother to obtain full-time employment immediately — court requires employment prior to any future return of custody.”7 Seeking employment the mother went to CETA but was told that she would have to obtain a general educational development (GED) certificate before she could enter their program. The mother then applied to Temporary Helpers to try to find a job through them. Because of her nervous condition the mother applied for a social security disability but that application was turned down after a hospital examination. The mother next applied to Vocational Rehabilitation which agency had the mother examined by a psychiatrist (Dr.

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Bluebook (online)
464 So. 2d 677, 10 Fla. L. Weekly 619, 1985 Fla. App. LEXIS 12652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ts-v-state-department-of-health-rehabilitative-fladistctapp-1985.