BURK v. DEPARTMENT OF HEALTH & REHAB. SERV.

No. 65790.

476 So.2d 1275 (1985)

Mary K. BURK, Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent.

Supreme Court of Florida.

Rehearing Denied November 12, 1985.


Attorney(s) appearing for the Case

Charles J. Roberts of Holcomb, Ennis, Theriac, Brinson, Amari and Roberts, Cocoa, for petitioner.

Jim Smith, Atty. Gen. and James A. Peters, Asst. Atty. Gen., Tallahassee, Douglas E. Whitney, Dist. Counsel, Orlando, for Dept., of Health and Rehabilitative Services; and Joan H. Bickerstaff of the Law Offices of Joan H. Bickerstaff, Melbourne, court-appointed attorney ad litem for the child, C.B., respondent.

Jeffrey H. Barker, C. James Dulfer, Henry George White, Mary K. Williams, and Christina A. Zawisza, Tallahassee, for Florida Legal Services, Inc., amicus curiae.


McDONALD, Justice.

We have for review In re C.B., 453 So.2d 220 (Fla. 5th DCA 1984), which certified the following question of great public importance:

WHETHER EITHER A PERFORMANCE AGREEMENT OR A PERFORMANCE 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...

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