Florida District Courts of Appeal, 1985

Yelverton v. State, Department of Health & Rehabilitative Services

Florida District Courts of Appeal · Decided October 3, 1985 · Cobb, Sharp, Upchurch

475 So. 2d 1038; 10 Fla. L. Weekly 2272; 1985 Fla. App. LEXIS 16128 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

In the Interest of D.W.K. (Fla. Dist. Ct. App. 1986)
In Interest of BW (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *1039CHILD 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.