Florida District Courts of Appeal, 1987

Smith v. State, Department of Health & Rehabilitative Services

Smith v. State, Department of Health & Rehabilitative Services
Florida District Courts of Appeal · Decided June 17, 1987 · Campbell, Frank, Lehan
509 So. 2d 1157; 12 Fla. L. Weekly 1516; 1987 Fla. App. LEXIS 8928 (Southern Reporter, Second Series)

Smith v. State, Department of Health & Rehabilitative Services

Opinion of the Court

PER CURIAM.

In this action for the permanent removal of two children from their mother, the mother appeals from a nonfinal order denying her motion for the release of the children from HRS custody. We affirm.

We do not conclude that a memorandum which HRS filed with the court insufficiently provided the written reasons required by section 409.168(6)(a), Florida Statutes (1985), for the delay in the permanent commitment process. Also, we conclude that the argument that that section, by permitting such a delay, was unconstitutional is without merit.

Affirmed.

CAMPBELL, A.C.J., and LEHAN and FRANK, JJ., concur.

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