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DEPT. OF H & R SERVICE v. ORTIZ

No. 93-212.

627 So.2d 124 (1993)

DEPARTMENT OF HhEALTH AND REHABILITATIVE SERVICES, Appellant, v. Diane ORTIZ et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 3, 1993.

Attorney(s) appearing for the Case

Wayne Starr, Orlando, for appellant.

No appearance for appellees.

PER CURIAM.

The Department of Health and Rehabilitative Services (HRS) appeals the order requiring it to pay the cost of a psychological evaluation of the mother of an infant who was alleged to be dependent. We reverse.

In the absence of legislative authorization, the State cannot be held financially responsible unless the recipient of the service can show a constitutional right to the service. In Interest of J.W., 591 So.2d 1048

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