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eBook details

• Title: R.W. v. Mary Pollock
• Author : Supreme Court of Florida
• Release Date : January 21, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

This appeal from In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA 1986), concerns the constitutionality of section 39.41(1)(f)1.d, Florida Statutes (1983), which permits the permanent severance of a parent's rights to his or her children based solely on the parent's failure to substantially comply with a performance agreement prepared by Department of Health and Rehabilitative Services personnel. The Fifth District Court of Appeal found the statute unconstitutional.*{/Cite} We affirm. Appellee, the mother of six children, appeared in circuit court in June, 1983, and entered into an oral stipulation consenting to an adjudication of dependency. As a result of that action, the children were placed in the temporary custody of the Department of Health and Rehabilitative Services. Subsequently, a performance agreement, prepared by the Department of Health and Rehabilitative Services, was executed by all parties. Eight months after the entry of the performance agreement, the Department filed a petition for termination of parental rights and permanent commitment for adoption, alleging that the mother failed to comply substantially with the performance agreement. The Department also alleged that the mother had abandoned her children. After a hearing, the circuit court entered a final order terminating the mother's parental rights and committing the children to the care, custody, and control of the Department of Health and Rehabilitative Services. The termination was based solely on the mother's failure to substantially comply with the terms of the performance agreement.

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