Carlson v. State, Dept. of Health and Rehabilitative Services, 79-28
| Decision Date | 21 December 1979 |
| Docket Number | No. 79-28,79-28 |
| Citation | 378 So.2d 868 |
| Parties | Roland R. CARLSON and Sharon Carlson, his wife, Appellants, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. |
| Court | Florida District Court of Appeals |
Roland R. and Sharon Carlson, pro se.
Jim Smith, Atty. Gen., and Shirley A. Walker, Asst. Atty. Gen., Tallahassee, for appellee.
The trial court terminated the parental rights of appellants, Sharon E. Carlson and Roland R. Carlson, and permanently committed Pamela, Roland, Jr., and Eric Carlson and Jason Carr to the Department of Health and Rehabilitative Services (HRS) for adoption. The Carlsons contend that failure to comply with the requirements imposed upon Sharon Carlson and her former husband, Eugene Clayton Carr, by HRS was an insufficient basis for the court's judgment terminating the Carlsons' parental rights. The Carlsons assert that a decision terminating parental rights must include a consideration of the parental relationship in the current family unit, and that HRS failed to meet its burden of proof in this regard. We agree, and hold that it was error for the court to sever the Carlsons' parental rights.
Between 1968 and 1972 appellants, Roland R. Carlson and Sharon E. Carlson had three children, Pamela, Roland, Jr., and Eric. The children are now eleven, nine and eight years of age respectively. Subsequently, Sharon married Eugene Clayton Carr, and they had one son, Jason, now age five. In late 1976 Eugene Carr lost his job because of a physical disability suffered while working. He did not obtain disability benefits for two years, and the problems which developed in the marriage led to a series of separations. On January 10, 1977, Sharon placed Roland, Jr. and Eric in the custody of HRS because she was no longer financially capable of caring for them. On April 4 she also placed Pamela and Jason with HRS. The Carrs permanently separated in late 1977.
After the breakup of her marriage to Eugene Carr, Sharon resumed her relationship with Roland Carlson. Sharon and Roland were not able to marry until November 1978 following entry of the final decree dissolving Sharon's marriage to Eugene Carr on October 30, 1978.
Prior to Sharon's marriage to Carlson, Sharon and Eugene Carr, while still cohabiting, entered into an agreement with HRS in November 1977. 1 This agreement required the Carrs to meet several prerequisites before HRS would recommend that the children be returned to them. 2 HRS required this compliance by March 26, 1978.
On September 12, 1978, HRS petitioned for permanent commitment of the four children. Although Eugene Carr did not appear at the November 16, 1978 hearing, Roland and Sharon Carlson appeared and contested HRS' petition. HRS presented evidence showing that during the time that Sharon Carlson was married to Eugene Carr, Sharon and Eugene Carr failed to comply with the requirements of their agreement with HRS. Further, HRS presented evidence that Roland Carlson had experienced problems of alcohol abuse and had failed to support the children while they were in the custody of Sharon and Eugene Carr and HRS. The Carlsons presented evidence of their attempts to comply with the conditions established by HRS for compliance by Sharon and Eugene Carr. They also attempted to show their present competency as parents. Nevertheless, the trial court found Roland and Sharon Carlson to be unfit parents. This appeal by the Carlsons ensued.
The right to the integrity of the family is among the most fundamental rights. In re R. W. H., 375 So.2d 321 (Fla.2d DCA 1979). Thus, the right of a parent to the custody of his or her children can be severed...
To continue reading
Request your trial
-
Department of Health and Rehabilitative Services v. Privette
...legally established family relationships about which we know next to nothing on the present record. See Carlson v. State Dept. of Health & Rehab. Servs., 378 So.2d 868 (Fla. 2d DCA 1979). Once children are born legitimate, they have a right to maintain that status both factually and legally......
-
A.B., In Interest of, AQ-331
...and the period was fixed in the manner of a performance agreement. For other judicial predictions of abuse or neglect, see Carlson, supra, 378 So.2d at 869, citing alcohol abuse and nonsupport during the child's absence; S.B.B., supra, 379 So.2d at 396, citing one parent's advanced age and ......
-
David, In re, 79-271
...Alsager v. District Court, 406 F.Supp. 10 (S.D.Iowa 1975), aff'd, 545 F.2d 1137 (8th Cir. 1976); Carlson v. State Department of Health and Rehabilitative Services, 378 So.2d 868 (Fla.1979); In re Massey, 35 Ill.App.3d 518, 341 N.E.2d 405 (1976); In re Atwood, 2 Kan.App.2d 680, 587 P.2d 1 (1......
-
R.W., In Interest of
...rights can be permanently terminated. In Interest of A.B., 444 So.2d 981 (Fla. 1st DCA 1983); Carlson v. Department of Health and Rehabilitative Services, 378 So.2d 868 (Fla. 2d DCA 1979). This Court has recognized that the protection of the parent-child relationship is so significant that ......