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NCJRS Abstract

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NCJ Number: 148849 Find in a Library
Title: Case Notes: Termination of Parental Rights - Padgett v. Dept. of Health and Rehabilitative Services, 577 So. 2d 565 (Fla. 1991)
Journal: Journal of Juvenile Law  Volume:14  Dated:(1993)  Pages:200-206
Author(s): N I Kellner
Date Published: 1993
Page Count: 7
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: A Florida case involving termination of parental rights is discussed.
Abstract: The Florida Supreme Court (Court) was asked to decide whether prospective abuse, neglect or abandonment can justify the termination of parental rights. The Court rephrased the question to address whether termination of parents' rights in one child can support the termination of those rights in a different child. The Court decided affirmatively. Due to the status of parental rights as a fundamental liberty interest, the Court established the requirement that the Department of Health and Rehabilitative Services must show that it has made a good faith effort to rehabilitate the parent and reunite the family before terminating the parents' rights. The Court recognized that the rights of parents to care for, have custody of, and manage their children are fundamental. The Court, however, emphasized that the rights are not absolute, but rather are subject to the overriding interest in the welfare and best interest of the child. This case note provides a detailed description of the factual and procedural history of the case. Footnotes
Main Term(s): Courts
Index Term(s): Juveniles; Parental rights
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