Department of Health & Rehabilitative Services v. Pollock

OVERTON, Justice.

This appeal from In the Interest of R.W., 481 So.2d 548 (Fla. 5th DCA 1986), concerns the constitutionality of section 39.41(l)(f)l.d, Florida Statutes (1983), which permits the permanent severance of a parent’s rights to his or her children based solely on the parent’s failure to substantially comply with a performance agreement prepared by Department of Health and Rehabilitative Services personnel. The Fifth District Court of Appeal found the statute unconstitutional.* We affirm.

Appellee, the mother of six children, appeared in circuit court in June, 1983, and entered into…