Yelverton v. State, Department of Health & Rehabilitative Services

475 So. 2d 1038, 10 Fla. L. Weekly 2272, 1985 Fla. App. LEXIS 16128

• Court: District Court of Appeal of Florida
• Decided: October 3, 1985
• Docket: No. 85-118
• Status: Published

Opinion

COBB, Chief Judge.

In this case the mother of a child permanently committed for adoption appeals that judgment. Although several issues are raised, the appellant’s fourth point is dis-positive in light of recent action by the Florida Supreme Court. That point is framed:

THE TRIAL COURT ERRED IN NOT REQUIRING APPELLEE TO COMPLY WITH SECTION 409.168(3)(A), FLORIDA STATUTES, WHICH REQUIRES A PERFORMANCE AGREEMENT IN EACH CASE WHERE CUSTODY OF A CHILD HAS BEEN VESTED VOLUNTARILY OR INVOLUNTARILY IN THE SOCIAL SERVICE AGENCY AND THE CHILD HAS BEEN PLACED IN FOSTER CARE.

In Burk v. Department of Health & Rehabilitative Services, 476 So.2d 1275 (Fla.1985), and Gerry v. Department of Health & Rehabilitative Services, 476 So.2d 1279 (Fla.1985), the Florida Supreme Court, in four-to-three opinions, agreed with the position herein asserted by the appellant: under the language of section 409.168, Florida Statutes (1983), a performance agreement must be prepared by the Department of Health and Rehabilitative Services and offered to parents in every case in which a social service agency obtains custody of a dependent child as a condition precedent to termination of parental rights.

REVERSED and REMANDED.

UPCHURCH and SHARP, JJ„ concur.