Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Gelatt v. Department of Health & Rehabilitative Services585 So. 2d 477 (Fla. Dist. Ct. App. 1991) · DCA91-1255

Court
District Court of Appeal
Decided
1991-09-10
On CourtListener
PER CURIAM.

We reverse the final judgment terminating parental rights because the record demonstrates that the Department of Health and Rehabilitative Services did not give notice of the March 15, 1991 dispositional hearing as required by statute. A person required to be served with notice as prescribed by section 39.462(1)(a), Florida Statutes (1989), is entitled to notice of hearings. § 39.462(1)(b), Fla.Stat. (1989). Failure to furnish appellant notice of the disposition hearing rendered the entry of the judgment terminating her parental rights improper.

Reversed and remanded.

BASKIN and LEVY, JJ., concur.


JORGENSON, Judge,

specially concurring.

I agree with the result reached by the majority. I write specially because, in my view, the trial court should have proceeded to trial on counsel’s representations that she was ready to proceed on behalf of the *478mother. This case has been mishandled by HRS from the outset, and the result is that the child must spend still another year in a foster home.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.