Public-domain · open source
OpenJurist
← 585 SO2D 1222 - State v. DW

State v. DW’s Empirical Analysis

1991

Citation profile

18
cited by 18 later decisions
1
states following
February 2017
most recently cited

18 state decisions

How this case has been cited

Cited by 18 later decisions — most recently February 2017

18 state decisions

120199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State in Interest of CV v. TV · 538 So. 2d 1112 - State, in Interest of Mp · 499 So. 2d 159 - State in Interest of CV v. TV · 572 So. 2d 629 - State in Interest of JH v. RFH · State, in Interest of Quilter

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “C. Under Article 1015(5), lack of parental compliance with a case plan may be evidence by one or more of the following: (1) The parent's failure to attend court-ordered approved scheduled visitation with the child. (2) The parent's failure to communicate with the child. (3) The parent's failure to keep the department apprised of the parent's whereabouts and significant changes affecting the parent's ability to comply with the case plan for services. (4) The parent's failure to contribute to the cost of the child's foster care, if ordered to do so by the court when approving the case plan. (5) The parent's repeated failure to comply with the required program of treatment and rehabilitation services provided in the case plan. (6) The parent's lack of substantial improvement in redressing the problems preventing reunification. (7) The persistence of conditions that led to removal or similar potentially harmful conditions. D. Under Article 1015(5), lack of any reasonable expectation of significant improvement in the parent's conduct in the near future may be evidenced by one or more of the following: (1) Any physical or mental illness, mental deficiency, substance abuse, or chemical dependency that renders the parent unable or incapable of exercising parental responsibilities without exposing the child to a substantial risk of harm, based upon expert opinion or based upon an established pattern of behavior. (2) A pattern of repeated incarceration of the parent that has rendered t”
    2 later decisions quote this exact passage
  2. “Art. 1015. Grounds The grounds set forth in the petition must meet all of the conditions of any one of the following Paragraphs: (4) Prior adjudications as a child in need of care (a) One year has elapsed since a child in need of care adjudication. (b) The parent is unfit to retain parental control. (c) The parent has shown no significant, substantial indication of reformation, and there is no reasonable expectation of his reformation in the foreseeable future. (5) Prior adjudication as a child in need of care and removal from the parental home (a) One year has elapsed since a child was removed from the parent’s custody pursuant to a court order in a child in need of care proceeding and placed either in the custody of an agency or individual. (b) The parent is now unfit to retain parental control, and there is no reasonable expectation of his reformation in the foreseeable future. (c) The department has made every reasonable effort to reunite the child with his parents to no avail but now recommends that reunification would not be in the best interests of the child. [[Image here]] (7) Loss of custody due to the parent's condition (a) One year has elapsed since a court order placing the child in the custody of the department. (b) The child was removed from the custody of his parents because of the parent’s mental illness, mental retardation, or substance abuse. (c) The parent’s condition continues to render the parent unable or incapable of exercising parental responsibilities”
    2 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.