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Legal Opinion

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Florida Attorney General Reports

Decided January 4, 1974Published

1Opinion of the Court

QUESTIONS:

1. What is the legal status of a child born to a legally incompetent parent in a state institution such as a state hospital or Sunland facility?

2. Does the administrator of such a state facility have the authority or responsibility to place such a patient's child with the Department of Health and Rehabilitative Services' Division of Family Services for foster home placement?

3. What court has original jurisdiction to consider a petition regarding the dependency of such child: The court in the county where the parent is domiciled and committed or the county wherein the child has been…

2Cases cited11 opinions

  1. Edgerton v. International CompanySupreme Court of Florida · 1956
  2. State Ex Rel. Deeb v. FabisinskiSupreme Court of Florida · 1933
  3. State Ex Rel. Sparks v. ReevesSupreme Court of Florida · 1957
  4. Foster v. SharpeDistrict Court of Appeal of Florida · 1959
  5. Bourn v. Hinsey, Et Ux.Supreme Court of Florida · 1937

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