986 So. 2d 76 - State Ex Rel. Dlr’s Empirical Analysis
2008
Citation profile
1 state decisions
Relationships
Relies on Santosky v. Kramer · Lassiter v. Department of Social Services of Durham County North Carolina · Lehman Ex Rel. Lehman v. Lycoming County Children's Services Agency · State Ex Rel. Ja · 719 So. 2d 445 - State, in Interest of Sm
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any case to involuntarily terminate parental rights, there are two private interests involved: those of the parents and those of the child. The parents have a natural, fundamental liberty interest to the continuing companionship, care, custody and management of their children warranting great deference and vigilant protection under the law, and due process requires that a fundamentally fair procedure be followed when the state seeks to terminate the parent-child legal relationship. However, the child has a profound interest, often at odds with those of his parents, in terminating parental rights that prevent adoption and inhibit establishing secure, stable, long-term, and continuous relationships found in a home with proper parental care. In balancing these interests, the courts of this state have consistently found the interest of the child to be paramount over that of the parent. The State's parens patriae power allows intervention in the parent-child relationship only under serious circumstances, such as where the State seeks the permanent severance of that relationship in an involuntary termination proceeding. The fundamental purpose of involuntary termination proceedings is to provide the greatest possible protection to a child whose parents are unwilling or unable to provide adequate care for his physical, emotional, and mental health needs and adequate rearing by providing an expeditious judicial process for the termination of all parental rights and responsibilitie”
1 later decision quote this exact passagee.g. State Ex Rel. Dlr“record contains complaints by OCS of other instances of noncompliance (with the case plan), but these complaints did not constitute the basis for termination of parental rights as set forth in the state's original petition.”
1 later decision quote this exact passagee.g. State Ex Rel. Dlr“subsequent documents prepared in monitoring the original case management plan and testimony of various individuals at trial. Id. In fact, the court of appeal's discussion of the record focused on one of those”
1 later decision quote this exact passagee.g. State Ex Rel. Dlr
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.