# Department of Health & Rehabilitative Services v. McHellen

> District Court of Appeal of Florida · September 11, 1986 · 11 Fla. L. Weekly 1943

URL: https://www.frixlaw.com/law-library/cases/7551662

## Case

- **Full name:** In re the Interest of L.B., a minor. DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES v. Alberta McHELLEN Kasandra and Niel Brown Holly Royal and Betty Hodges
- **Court:** District Court of Appeal of Florida
- **Decided:** September 11, 1986
- **Citations:** 11 Fla. L. Weekly 1943; 493 So. 2d 554; 1986 Fla. App. LEXIS 9624
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cobb, Dauksch, Sharp
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7551662

## Opinion text

PER CURIAM.
H.R.S. has standing to bring this action pursuant to section 39.14, Florida Statutes (1985). See In Re Interest of K.A.B., 483 So.2d 898 (Fla. 5th DCA 1986). The lower court’s actions in recommending placement options for the minors in this case were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So.2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So.2d 582 (Fla. 5th DCA 1984); W.Y. v. State, 414 So.2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So.2d 1349 (Fla. 1st DCA 1982). This case is reversed and remanded for entry of an order in compliance with the statute.
REVERSED and REMANDED.
DAUKSCH, COBB and SHARP, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7551662. Public record. Not legal advice.