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IN INTEREST OF P.A.D.

No. BM-29.

498 So.2d 1342 (1986)

In the Interest of P.A.D., J.T.D., and J.B.D., All Children.

District Court of Appeal of Florida, First District.

December 10, 1986.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Eric J. Taylor, Asst. Atty. Gen., Tallahassee, for appellant.

Cynthia L. Nichols, Jacksonville, for appellee.

James Dulfer, Brent R. Taylor, Guilene Theodore, Henry George White, Mary K. Williams and Christina A. Zawisza, Tallahassee, for amicus curiae Florida Legal Services, Inc.

SHIVERS, Judge.

Appellants, Department of Health and Rehabilitative Services (HRS), appeal the trial court's denial of three petitions for permanent commitment. We affirm the trial court's order dismissing all three petitions for permanent commitment and hold that section 39.41(1)(f)3.b., Florida Statutes (1985), is unconstitutional because it permits permanent severance of parental custody without requiring the state to prove, by clear and convincing evidence, abuse...

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