Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MARJORIE MAE GERRY, PETITIONER, v. THE HONORABLE ERNEST C. AULLS, JR., CIRCUIT JUDGE, RESPONDENT.

SHARP, Judge.

This petition for issuance of a common law writ of certiorari presents the question of whether the trial court departed from the essential requirements of law in denying Gerry's motion to require the Department of Health and Rehabilitative Services (HRS) to enter into a performance agreement with the view of her re-obtaining custody of her son. The child had been adjudicated to be a dependent child. We ruled in In Re C.B., 453 So.2d 220 (Fla. 5th DCA 1984), that it was not necessary in a clear case of child abuse or abandonment, for HRS to enter into a performance agreement with a parent prior to instituting permanent commitment proceedings. We think C.B. is controlling in this case. However, because the issues are ones of great public importance, we again certify the following question to the Florida Supreme Court:

Fla.R.App.P. 9.030(b)(3).

Fla.R.App.P. 9.030(a)(2)(A)(v).

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.

Use AI to get other relevant cases.

Comments

GERRY v. AULLS
(Oct 18, 1984)