Supreme Court of Florida
Burk v. Department of Health & Rehab. Serv.
August 30, 1985476 So. 2d 1275
Summary
The Court held that Florida Statute §409.168 requires the Department of Health and Rehabilitative Services to prepare and offer a performance agreement to a natural parent before terminating parental rights, even when the child has been abused, abandoned, or neglected and even when the child is in emergency shelter care. Accordingly, the district court’s order permanently committing the child for adoption was quashed and the case remanded for compliance with the statutory requirement.