RUSSELL v. AGENCY FOR PERSONS WITH DISABILITIES

No. 1D05-5150.

929 So.2d 601 (2006)

Amber RUSSELL, Appellant, v. AGENCY FOR PERSONS WITH DISABILITIES, Appellee.

District Court of Appeal of Florida, First District.

May 8, 2006.


Attorney(s) appearing for the Case

Paolo Annino, Mary Clark and Carol Gregg, Tallahassee, Florida State University College of Law, Children's Advocacy Center, Tallahassee, for Appellant.

Nancy W. Gregoire of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre, Gregoire & Klein, P.A., Fort Lauderdale; Andrea Moore, Executive Director, Florida's Children First, Coral Springs; Bernard P. Perlmutter, Director and Assistant Clinical Professor, UM School of Law Children & Youth Law Clinic, Coral Gables; Hubert Grissom, General Counsel and Gayle Miller, Senior Attorney, Advocacy Center for Persons With Disabilities, Inc., Tampa; Jodi Siegel, Executive Director, Southern Legal Counsel, Inc., Gainesville; Anne Swerlick, Deputy Director, Florida Legal Services, Inc., Tallahassee, for Amici Curiae.

Dennis W. Moore, General Counsel and Thomas Wade Young, Appellate Counsel, Statewide Guardian ad Litem Office, Orlando, for Amicus Curiae, Florida Guardian Ad Litem Program.

Katie George, District Legal Counsel and Eric D. Schurger, Assistant District Legal Counsel, Department of Children and Families, Local Counsel for the Agency for Persons With Disabilities, Pensacola, for Appellee.


VAN NORTWICK, J.

Amber Russell, a developmentally disabled child in Florida's foster care system, appeals a final order denying her placement on the so-called "crisis tier" of the waiting list for services through the developmental services home and community based waiver program that is administered by the Florida Agency for Persons With Disabilities (Agency).1 It is undisputed in this record that Amber meets one of the three alternative...

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