Dependency Law Finder

1. In re D.W.K. 492 So. 2d 1360 · 5DBJ-17 · 5th DCA 1986

   This opinion cites § 409.168 27 times, the section generally

   · cited by 1 in all courts

   …relative willing to care for the child.” D.W.K., therefore, was never committed to the legal custody of HRS or placed in foster care within the purview of § 409.168, Fla.Stat. Thus the failure of HRS to offer, or of the court to order, a performance agreement was not reversible error. In Burk v. Department of Health…

2. In Interest of A.B. 444 So. 2d 981 · 1DAQ-331 · 1st DCA 1983

   This opinion cites § 409.168 22 times, the section generally

   · cited by 20 in all courts

   …1982, the child A.B. had "temporarily" been placed in HRS foster home care for eight of her ten years. Periodic judicial review of the placement, see § 409.168, Fla. Stat. (1981), and In the Interest of V.M.C., 369 So.2d 660 (Fla. 1st DCA 1979), began in 1977. Judge Safer's order recognizes, with characteristic…

3. Burk v. Department of Health & Rehabilitative Services 476 So. 2d 1275 · SC65790 · Florida Supreme Court 1985

   This opinion cites § 409.168 19 times, the section generally

   · cited by 21 in all courts

   …certified the following question of great public importance: WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE *1277 PLAN AS PRESCRIBED BY SECTION 409.168 [FLORIDA STATUTES (1983)] IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. [FLORIDA STATUTES (1983)]. Id. at…

4. In Interest of D.J.S. 563 So. 2d 655 · 1D88-141 · 1st DCA 1990

   This opinion cites § 409.168 16 times, the section generally

   · cited by 37 in all courts

   …determine whether appellant's concern for the child was genuine, substantial, and motivated his making reports to HRS. PERFORMANCE AGREEMENTS Section 409.168(2)(g), Florida Statutes (Supp. 1986), defines performance agreement as a document ordered by the court, prepared by the social service agency responsible for the…

5. Doe v. Department of Health & Rehabilitative Services 563 So. 2d 655 · DCA88-141-2 · District Court of Appeal 1990

   This opinion cites § 409.168 16 times, the section generally

   · cited by 5 in all courts

   …to determine whether appellant’s concern for the child was genuine, substantial, and motivated his making reports to HRS. PERFORMANCE AGREEMENTS Section 409.168(2)(g), Florida Statutes (Supp.1986), defines performance agreement as a document ordered by the court, prepared by the social service agency responsible for the…

6. Glennon v. Department of Health & Rehabilitative Services 506 So. 2d 1131 · DCA86-1970 · District Court of Appeal 1987

   This opinion cites § 409.168 13 times, the section generally

   · cited by 3 in all courts

   …a disposition report. After a disposition hearing, the court, on November 19, released C.G. to the custody of HRS. In January 1986, HRS pursuant to section 409.168(3), Florida Statutes (1985), submitted a performance agreement for appellants’ review. The proposed agreement identified five tasks for appellants to accomplish…

7. In Interest of C.T.G. 460 So. 2d 495 · 1DAU-42 · 1st DCA 1984

   This opinion cites § 409.168 12 times, the section generally

   · cited by 10 in all courts

   …purpose of providing care for the child. The mother moved to stay permanent commitment proceedings pending compliance of HRS with the requirements of Section 409.168(3)(a), Florida Statutes, regarding the preparation of performance agreements. On May 16, 1983, the trial court entered an order denying the mother's motion to…

8. In re J.N. 492 So. 2d 1118 · DCABK-366 · District Court of Appeal 1986

   This opinion cites § 409.168 8 times, the section generally

   · cited by 2 in all courts

   …1985). After the children were placed out of the home, on 17 October 1984, the parents entered into a “performance agreement” with HRS pursuant to Section 409.168(3), Florida Statutes. The purpose of such an agreement is to record “the actions to be taken by the parties involved in order to quickly assure the safe return…

9. In Interest of B.W. 479 So. 2d 740 · 5D84-844 · 5th DCA 1985

   This opinion cites § 409.168 8 times, the section generally

   · cited by 8 in all courts

   …Court, regrettably, has issued its opinion in Burk v. Department of Health & Rehabilitative Services, 476 So.2d 1275 (Fla. 1985), holding that section 409.168, Florida Statutes (1983), requires the preparation and offering of a performance agreement to a parent in every case as a condition precedent to termination…

10. In Interest of R.D.D. 518 So. 2d 412 · 2D86-1534 · 2nd DCA 1988

    This opinion cites § 409.168 6 times, the section generally

    · cited by 9 in all courts

    …in foster care since March 4, 1983. She alleges the trial court erred in (1) failing to require HRS to provide a performance agreement pursuant to section 409.168(3), Florida Statutes (1985) prior to the permanent commitment proceedings and (2) in entering final judgment of permanent commitment where there was no clear and…

11. T.S. v. State 464 So. 2d 677 · 5D84-552 · 5th DCA 1985

    This opinion cites § 409.168 6 times, the section generally

    …39.41(1)(f)1.d., Florida Statutes, refers to a parent's failure to substantially comply with "a performance agreement entered into under s. 409.163." Section 409.168(2)(g) defines the performance agreement as a document "signed by the parent." Section 409.168(3)(b) confirms that the statute contemplates a performance agreement…

12. In re R.D.D. 518 So. 2d 411 · DCA86-1534 · District Court of Appeal 1988

    This opinion cites § 409.168 5 times, the section generally

    …in foster care since March 4, 1983. She alleges the trial court erred in (1) failing to require HRS to provide a performance agreement pursuant to section 409.168(3), Florida Statutes (1985) prior to the permanent commitment proceedings and (2) in entering final judgment of permanent commitment where there was no clear and…

13. Warren v. Department of Health & Rehabilitative Services 501 So. 2d 706 · 2D86-1105 · 2nd DCA 1987

    This opinion cites § 409.168 5 times, the section generally

    · cited by 4 in all courts

    …not for herself, but to give custody to her parents. The trial court had initially directed HRS to file a permanent placement plan pursuant to section 409.168(4), Florida Statutes (1985). However, upon the issuance by the supreme court of its opinions in Gerry and Burk , the court required HRS to submit a…

14. Smith v. Moore 481 So. 2d 36 · DCAAV-240 · District Court of Appeal 1985

    This opinion cites § 409.168 5 times, the section generally

    · cited by 2 in all courts

    …to the Moores where she lived continuously in foster care until her adoption by the Moores in September 1983. In 1980 the Legislature enacted section 409.168, Florida Statutes, requiring a performance agreement to be executed, within 30 days after placement of a child in a foster home. The Legislature stated as its…

15. T.W.S. v. Dept. 466 So. 2d 387 · 1DAY-167 · 1st DCA 1985

    This opinion cites § 409.168 5 times, the section generally

    …and to stablize her life, there is no record evidence that she, or the father, entered into a performance agreement with H.R.S., as required by section 409.168(3)(a), Florida Statutes, or, for that matter, that she received any assistance toward rehabilitation from that agency. Further, despite efforts by the trial court…

16. T.W.S. v. Department of Health & Rehabilitative Services 466 So. 2d 387 · DCAAY-167 · District Court of Appeal 1985

    This opinion cites § 409.168 5 times, the section generally

    · cited by 4 in all courts

    …and to stablize her life, there is no record evidence that she, or the father, entered into a performance agreement with H.R.S., as required by section 409.168(3)(a), Florida Statutes, or, for that matter, that she received any assistance toward rehabilitation from that agency. Further, despite efforts by the trial court…

17. Pingree v. Quaintance 394 So. 2d 161 · 1DSS-125 · 1st DCA 1981

    This opinion cites § 409.168 5 times, the section generally

    · cited by 6 in all courts

    …to institute judicial review of all cases in which a child had been committed to foster care for a continuous six-month period as provided in Section 409.168(3)(a), Florida Statutes (1977). In its answer and in its response to a request for admissions, the Department admitted that it had not instituted proceedings in…

18. In the Interest of T.S. v. Department of Health & Rehabilitative Services 464 So. 2d 677 · DCA84-552 · District Court of Appeal 1985

    This opinion cites § 409.168 4 times, the section generally

    · cited by 14 in all courts

    …performance agreement entered into under s. 409.163.” Section 409.-168(2)(g) defines the performance agreement as a document “signed by the parent.” Section 409.168(3)(b) confirms that the statute contemplates a performance agreement “agreed upon and signed by the parties involved. ” (emphasis supplied) The mother in this…

19. In Interest of C.B. 453 So. 2d 220 · 5D83-668 · 5th DCA 1984

    This opinion cites § 409.168 4 times, the section generally

    · cited by 8 in all courts

    …a finding of abandonment, abuse or neglect and the best interests of the child, permanently committing the child to H.R.S. for subsequent adoption. Section 409.168, Florida Statutes (1983), provides, in relevant part: (1) The Legislature finds that seven out of ten children placed in foster care do not return to their…

20. In Interest of P.A.D. 498 So. 2d 1342 · 1DBM-29 · 1st DCA 1986

    This opinion cites § 409.168 3 times, the section generally

    · cited by 6 in all courts

    …failed, upon the expiration of a performance agreement entered into or of a plan for permanent placement submitted to and approved by the court under section 409.168, to comply substantially with such agreement or plan. If the court finds that the failure to comply with the performance agreement or plan is the result of…

21. Gerry v. Department of H. and R. Services 476 So. 2d 1279 · SC66192 · Florida Supreme Court 1985

    This opinion cites § 409.168 3 times, the section generally

    · cited by 8 in all courts

    …which certified the following question of great public importance: WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. Id. at 599 . We have jurisdiction. Art. V, § 3(b)(4), Fla.…

22. In the Interest of L.R.O. v. State 471 So. 2d 111 · DCABD-338 · District Court of Appeal 1985

    This opinion cites § 409.168 3 times, the section generally

    · cited by 2 in all courts

    …with performance agreements, and an abandonment by the mother. Florida’s statutory plan for the placement of dependent children is contained in § 409.168, Florida Statutes, and details a process by which a dependency adjudication may be followed by a period of temporary foster care, at which time a performance…

23. Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988

    This opinion cites § 409.168 2 times, the section generally

    · cited by 9 in all courts

    …written plans of proposed treatment, training or conduct may be submitted by any party. Rule 8.790(c), Florida Rules of Juvenile Procedure. See Fla.Stat. § 409.168. The disposition hearing must be held within 30 days of the adjudication. Fla.Stat. § 39.402(11). Once a dispositional order has been entered and a child…

24. A.T. v. Department of Health & Rehabilitative Services 490 So. 2d 155 · 1DBJ-378 · 1st DCA 1986

    This opinion cites § 409.168 2 times, the section generally

    · cited by 8 in all courts

    …of being significantly impaired. That the father ... and the mother ... have failed upon expiration of a Performance Agreement entered into under Statute 409.168 to comply substantially with said Agreement. And the Court further finding that it is manifestly in the best interest of said children to permanently commit…

25. Yelverton v. Department of Health & Rehabilitative Services 475 So. 2d 1038 · DCA85-118 · District Court of Appeal 1985

    This opinion cites § 409.168 2 times, the section generally

    · cited by 2 in all courts

    …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 *1039 CHILD HAS BEEN VESTED VOLUNTARILY OR INVOLUNTARILY IN THE…

26. Petition of Fla. Bar, Rules of Juv. Proc. 462 So. 2d 399 · SC65103 · Florida Supreme Court 1984

    This opinion cites § 409.168 2 times, the section generally

    · cited by 8 in all courts

    …shall be held in accordance with these rules. Committee Note: This rule is designed to add changes in the new statute to the former rule. Section 409.168, Florida Statutes, provides that within thirty days of placement of a child in foster care, either a performance agreement or a permanent plan is to be filed…

27. In Interest of Baby Boy 544 So. 2d 1136 · 4D88-2702 · 4th DCA 1989

    This opinion cites § 409.168 1 time, the section generally

    · cited by 8 in all courts

    …of chapter 409. The law requires the offering of either a performance agreement or performance plan prior to termination of parental rights. § 409.168(1)(b), Fla. Stat. (1985). Failure to make the offering, however, does not automatically preclude termination of parental rights. Sections 39.41(1)(f) and (f)(3)(a),…

28. Department of Health & Rehabilitative Services v. Yamuni 529 So. 2d 258 · SC69602 · Florida Supreme Court 1988

    This opinion cites § 409.168 1 time, the section generally

    · cited by 60 in all courts

    …was a dependent child under section 39.401, Florida Statutes (1985); and (4) there was never a performance agreement entered into as permitted by section 409.168, Florida Statutes (1985), upon a finding of dependency. There was only a judicial recognition that the mother had voluntarily agreed to HRS supervision and…

29. Darkes v. Department of Health & Rehabilitative Services 495 So. 2d 873 · 5D85-1680 · 5th DCA 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 5 in all courts

    …as to appellants' two older children and continued their custody with the Department of Health and Rehabilitative Services for six months. [2] § 409.168, Fla. Stat. (1985). [3] In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA 1986); In the Interest of T.S. v. Dept. of Health and Rehabilitative…

30. In re H. 494 So. 2d 304 · DCABH-171 · District Court of Appeal 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 3 in all courts

    …mind about the adoption but failed to take custody of the infant during the ensuing six months. The issue is whether a performance agreement under section 409.168(3), Florida Statutes (1985), is a prerequisite to permanent commitment proceedings. This case is controlled by Burk v. Department of Health and Rehabilitative…

31. In Interest of R.W. 495 So. 2d 133 · SC68245 · Florida Supreme Court 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 33 in all courts

    …best interests of the child to do so, and: ... . d. If the parent or parents have failed, upon expiration of a performance agreement entered into under s. 409.168, to comply substantially with such agreement. If the court finds that the failure to comply with the performance agreement is the result of conditions beyond…

32. Department of Health & Rehabilitative Services v. Pollock 495 So. 2d 133 · SC68245-2 · Florida Supreme Court 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 1 in all courts

    …best interests of the child to do so, and: d. If the parent or parents have failed, upon expiration of a performance agreement entered into under s. 409.168, to comply substantially with such agreement. If the court finds that the failure to comply with the performance agreement is the result of conditions beyond…

33. In Interest of K.A.B. 483 So. 2d 898 · 5D85-712 · 5th DCA 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 20 in all courts

    …duty to continuously review the status of any child it has adjudicated to be dependent, especially one in the protective custody of H.R.S. See §§ 39.40(2), 409.168, Fla. Stat. When the juvenile court judge determines that the dependent child, in its best interests, should reside in a particular suitable place, must the…

34. White v. Department of Health & Rehabilitative Services 483 So. 2d 861 · 5D85-625 · 5th DCA 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 16 in all courts

    …a permanent commitment is but one of six authorized dispositions in a dependency proceeding, notwithstanding that section 39.41(1)(f), as well as section 409.168(3)(a)6.h, Florida Statutes (1983), and other statutes [4] and rules and case law, establish procedural and substantive prerequisites to a permanent termination of…

35. In Interest of R.W. 481 So. 2d 548 · 5D84-1414 · 5th DCA 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 6 in all courts

    …of the child to do so, and: * * * * * * b. If the parent or parents have failed, upon expiration of a performance agreement entered into under s. 409.168, to comply substantially with such agreement. If the court finds that the failure to comply with the performance agreement is the result of conditions beyond…

36. Pollock v. Department of Health & Rehabilitative Services 481 So. 2d 548 · DCA84-1414 · District Court of Appeal 1986

    This opinion cites § 409.168 1 time, the section generally

    · cited by 3 in all courts

    …interests of the child to do so, and: ****** b. If the parent or parents have failed, upon expiration of a performance agreement entered into under s. 409.168, to comply substantially with such agreement. If the court finds that the failure to comply with the performance agreement is the result of conditions beyond…

37. In Interest of S.J.T. 475 So. 2d 951 · 1DBD-375 · 1st DCA 1985

    This opinion cites § 409.168 1 time, the section generally

    · cited by 14 in all courts

    …step, unless the parents will not or cannot participate in the preparation of the performance agreement, before permanent commitment can be sought. See § 409.168(3)(a); In the Interest of C.T.G., 460 So.2d 495 (Fla. 1st DCA 1984). If on remand the trial court again decides upon competent and substantial evidence to…

38. In Interest of A.D.J. 466 So. 2d 1156 · 1DAV-422 · 1st DCA 1985

    This opinion cites § 409.168 1 time, the section generally

    · cited by 18 in all courts

    …that the "parents stipulated as to dependency of child." On April 8, 1982, the parents entered into a performance agreement in accordance with section 409.168, Florida Statutes (1981). Among other things, the agreement required that both parents receive counseling and, by September 1982, provide HRS with a statement…

39. Williams v. State 464 So. 2d 1322 · DCA84-589 · District Court of Appeal 1985

    This opinion cites § 409.168 1 time, the section generally

    · cited by 1 in all courts

    …commitment. We have held that HRS need not enter into a performance agreement prior to seeking *1323 a termination of parental rights, pursuant to section 409.168, Florida Statutes (1983), where it appears the child has been abandoned or abused, and returning the child to the custody of its parent is not a feasible…

40. In Interest of L.T. 464 So. 2d 201 · 5D84-1263 · 5th DCA 1985

    This opinion cites § 409.168 1 time, the section generally

    · cited by 22 in all courts

    …parental rights and ordering the adoption of two children. The parents appeal the order on two grounds, the first of which is the assertion that section 409.168 requires the Department of Health and Rehabilitative Services to enter into a performance agreement before proceedings can be instituted to terminate parental…

41. Gerry v. Aulls 457 So. 2d 598 · 5D84-573 · 5th DCA 1984

    This opinion cites § 409.168 1 time, the section generally

    · cited by 4 in all courts

    …certify [2] the following question to the Florida Supreme Court: WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE PLAN AS PRESCRIBED BY SECTION 409.168 IS A PREREQUISITE TO PERMANENT COMMITMENT PROCEEDINGS PURSUANT TO SECTION 39.41(1)(f)1.a. PETITION DENIED. COBB, C.J., and DAUKSCH, J., concur. NOTES …

42. In re R.W.H. 447 So. 2d 341 · DCA82-2013 · District Court of Appeal 1984

    This opinion cites § 409.168 1 time, the section generally

    · cited by 2 in all courts

    …that either neglect or abuse may be proved prospectively. However, we feel our companion court viewed parental performance agreements provided by Section 409.168, Florida Statutes (1981) as only two dimensional; i.e. if the parent performed, the child is to be returned; and if not, the child is to be committed for…

43. State v. Hollis 439 So. 2d 947 · 1DAL-100 · 1st DCA 1983

    This opinion cites § 409.168 1 time, the section generally

    · cited by 16 in all courts

    …over matters relating to child custody and commitment proceedings to both HRS and to the circuit courts. See generally ss. 39.001, 39.40, 39.404, 39.41, 409.168, 409.145, Florida Statutes (1981). When such an overlap of powers occurs, the legitimate exercise of powers by one branch, in this case the judiciary,…

44. In re T.C. 417 So. 2d 775 · DCA81-1469 · District Court of Appeal 1982

    This opinion cites § 409.168 1 time, the section generally

    · cited by 1 in all courts

    …has by the adoption of Section 39.41(l)(f) 1. d., Florida Statutes (1980 Supp.), made noncompliance with the performance agreement established by Section 409.168, Florida Statutes (1980 Supp.), a new and additional ground for the termination of parental rights. However, the petition for permanent commitment of T. C.…

45. In re S.B.B. 379 So. 2d 395 · DCA78-256 · District Court of Appeal 1980

    This opinion cites § 409.168 1 time, the section generally

    · cited by 2 in all courts

    …that the natural parents are inadequate and unable to provide a home for their child. More frequent reviews of such cases are now mandated by statute *398 [§ 409.168, Fla.Stat. (1978)], and that is an improvement. Another reform that is needed is for the state to take an active role in trying to return the child to the…

46. Williamson v. State 369 So. 2d 660 · DCALL-331 · District Court of Appeal 1979

    This opinion cites § 409.168 1 time, the section generally

    · cited by 2 in all courts

    …child and that for a period of time from January 1974 to January 1977 the child had had no contact with the mother. We reverse. Under the provisions of F.S. 409.168(3)(a) the juvenile court had only three dispositional alternatives in a foster care review hearing. The trial court did not adopt either one of these alternatives…

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