IN THE INTEREST OF J.W., A CHILD
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The court held that the trial court erred in ordering the Department of Health and Rehabilitative Services (HRS) to pay for parental counseling services, as there was no statutory authorization and no demonstrated constitutional right to such services.
The trial court ordered HRS to pay for parental counseling for parents of children adjudicated dependent and in HRS custody. The parents were found in…
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PER CURIAM.
This is an appeal from the trial court’s order requiring appellant Department of Health and Rehabilitative Services (HRS) to pay the cost of parental counseling to be provided to the parents of J.W. and K.W., whose child K.W. was, at the time of the subject order, adjudicated dependent and in the protective custody of HRS. We reverse that portion of the trial court’s order requiring HRS to pay for said parental counseling services.
The trial court's order requiring HRS to pay for such counseling services must be supported either by statutory authorization or a showing by the recipient parents of a constitutional right to counseling services. See In Interest of N.W., R.W., R.W. and R.W., Each a Child, 506 So. 2d 80 (Fla. 1st DCA 1987). As there is no statutory authorization for the trial court to require the state to pay for the counseling services, we must then ask if the parents have shown a constitutional right to such services.
In Interest of D.B. and D.S., 385 So. 2d 83 (Fla.1980) held that there existed a constitutional right to counsel for all indigent participants in juvenile dependency proceedings where the proceedings could result in a permanent loss of parental rights. Similarly, in the instant case, although we accept the trial court’s finding of the parents’ indigence, our review of the record and the trial court’s order gives no indication that the parents were faced with the permanent loss of parental rights, or that K.W. would not be reunited with her parents unless the parents received counseling. Such being the case, the parents have not demonstrated a constitutional right to counseling services, and the state may not be required to pay for such services. The trial court is hereby instructed to modify the subject order to conform with this opinion.
AFFIRMED in part, REVERSED in part.
SHIVERS, ZEHMER and MINER, JJ., concur.
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Dep't of Health & Rehabilitative Servs. v. Ortiz, 627 So. 2d 124 (Fla. 5th DCA 1993)…ant who was alleged to be dependent. We reverse. In the absence of legislative authorization, the State cannot be held financially responsible unless the recipient of the service can show a constitutional right to the service. In Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991); In Interest of N.W., R.W., R.W. and R.W., 506 So. 2d 80 (Fla. 1st DCA 1987). In this case, there is no legislative authority requiring or authorizing HRS to pay for such services and the mother failed to demonstrate a constituti…
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Dep't of Health & Rehabilitative Servs. v. Jones, 631 So. 2d 348 (Fla. 5th DCA 1994)…e proceedings could result in a permanent loss of parental rights or where the Department requires the services to be undertaken prior to the parent being reunited with the child (listed responsibility in performance agreement). In Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991); In Interest of N.W., 506 So. 2d 80 (Fla. 1st DCA 1987). See also In Interest of D.J.S., 563 So. 2d 655, 669, 683 (Fla. 1st DCA 1990) (where performance agreement dealt with parents undergoing psychological evaluation, HRS should…
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Dep't OF Health & Rehabilitative Servs. v. Kahn, 639 So. 2d 689 (Fla. 5th DCA 1994)…itative Services v. Jones, 631 So. 2d 348 (Fla. 5th DCA 1994) (intelligence evaluation); Department of Health and Rehabilitative Seivices v. Ortiz, 627 So. 2d 124 (Fla. 5th DCA 1993) (psychological evaluation of natural mother); In Interest of J.W., 591 So. 2d 1048 (Fla. 1st DCA 1991) (counseling services). None of these cases involved any threat of termination of parental rights.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of D. B. and D. S., 385 So. 2d 83 (Fla. 1980)
- In the Interest of N.W., 506 So. 2d 80 (Fla. 1st DCA 1987)