IN THE INTEREST OF H., INFANT MALE, A CHILD
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Florida appellate court reversed a permanent commitment order because the child-placing agency failed to execute a required performance agreement under section 409.168(3) before initiating permanent commitment proceedings.
A performance agreement or permanent placement plan is a prerequisite to permanent commitment proceedings when a child has been placed in foster care with a licensed child-placing agency.
[1] A performance agreement or permanent placement plan under section 409.168(3), Florida Statutes, is a prerequisite to permanent commitment proceedings when a child has bee…
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Join FLexlaw to unlock all legal intelligenceA mother voluntarily placed her infant with The Children's Home Society, a licensed child-placing agency, but changed her mind about adoption before f…
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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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Cited By
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IN the Interest OF D.J.S. and J.S.G. v. Dep't of Health & Rehabilitative Servs., 563 So. 2d 655 (Fla. 1st DCA 1990)…ent in compliance with the statutory requirements. Williams v. Department of Health and Rehabilitative Services, 482 So. 2d 1371 (Fla.1986); Burk v. Department of Health and Rehabilitative Services, 476 So. 2d 1275 (Fla.1985); In the Interest of H., 494 So. 2d 304 (Fla. 1st DCA 1986). It is undisputed from the testimony of the Department’s witnesses that neither performance agreement executed by John contemplated the return of either child to his custody. The Department never considered placing either child w…
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In the Interest of D.J., 553 So. 2d 378 (Fla. 1st DCA 1989)…ttled that a performance agreement or plan was a prerequisite to permanent commitment proceedings brought under Chapter 39, Florida Statutes (1985). See Burk v. Department of Health & Rehab. Servs., 476 So. 2d 1275 (Fla.1985); In the Interest of H., 494 So. 2d 304 (Fla. 1st DCA 1986). Effective October 1, 1987, however, the legislature enacted section 39.464, which provides in part: (2) EXTRAORDINARY PROCEDURES.— (a) Whenever it appears that the manifest best interests of the child demand it, the state may…
Authorities Cited
- Burk v. Dep't of Health & Rehabilitative Servs., 476 So. 2d 1275 (Fla. 1985)
- Williams v. Dep't of Health & Rehabilitative Servs., 482 So. 2d 1371 (Fla. 1986)
- In the Interest of D.W.K., 492 So. 2d 1360 (Fla. 1st DCA 1986)