IN INTEREST OF R.W.

No. 84-1414.

481 So.2d 548 (1986)

In the Interest of R.W., C.A.W., M.I.W., C.P., M.E.P., and A.P. Mary POLLOCK N/K/a Mary Hayes, Appellant, v. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 1986.


Attorney(s) appearing for the Case

Michael S. Wilson, Altamonte Springs, for appellant.

Gerry L. Clark and Douglas E. Whitney, Dist. Counsel, Dept. of H.R.S., Orlando, for appellee.


ON MOTION FOR REHEARING

COBB, Chief Judge.

The appellant, Mary Pollack, has moved for rehearing. In our original opinion herein, we found that the issue of the constitutionality of section 39.41(1)(f)(3)(b), Florida Statutes (1983),1 was not raised below; hence, we did not consider it. Upon further reflection and review of the record, we conclude the issue was properly preserved. In any event, the statute is fundamentally defective...

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