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IN INTEREST OF J.A.

No. 89-1739.

561 So.2d 356 (1990)

In the Interest of J.A., a Child.

District Court of Appeal of Florida, Third District.

May 1, 1990.

Attorney(s) appearing for the Case

Nancy Schleifer, Miami, for appellants, Linda Binder, Guardian Ad Litem, on behalf of J.A., a child, and The Dept. of Health and Rehabilitative Services, State of Fla.

Diana H. Kelly, for appellee/mother.

Before BASKIN, FERGUSON and COPE, JJ.

PER CURIAM.

The guardian ad litem for J.A., and the Department of Health and Rehabilitative Services (HRS), appeal the trial court's denial of HRS' petition to terminate parental rights. The trial court concluded that it was in the best interest of the child to grant the motion, but concluded that paragraph 39.467(2)(c), Florida Statutes (1989), prevented termination of parental rights where the inability to comply with the performance agreement was because of chronic...

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