Petition for Writ of Certiorari — Griffing v. Children's Home Society of Florida, Inc.

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Supreme Court, U.S, ~T

Y)

89. 1579 FILED

APR 10 1990

_ No. = JOSEPH F. SPANIOL, JR.

IN THE -

Supreme Court Of The United States

OCTOBER TERM, 1989

MARY CELESTE GRIFFING,

PETITIONER,

V.

THE CHILDREN’S HOME SOCIETY OF FLORIDA, INC.,

RESPONDENT.

PETITION FOR WRIT OF CERTIORARL .

TO THE DISTRICT COURT OF APPEAL

OF FLORIDA, THIRD DISTRICT

JOHN PATTON RACIN

1721 Lamont Street, N.W.

Washington, D.C. 20010

202 265-2516

Attorney for Petitioner

.\

i

QUESTION PRESENTED

Whether, in a Section 1983 action brought by a woman

whose liberty interest in the care and custody of her four young

children was extinguished without notice, the state-licensed

agency alleged to have taken the children and placed them for

adoption in derogation of due process was entitled to summary

judgment based on an immunity derived solely from the exist-

ence in its files of court orders purporting to terminate parental

rights, where no record of these orders exists as required by law;

and where petitioner presented affirmative evidence that the

orders are invalid, and that the agency knowingly participated

with a county judge to take permanent custody illegally.

iii

TABLE OF CONTENTS

ee en a ere a i

EER ee ee een iii

EPICS EE TREC Loe ee iv

Petition for Writ of Certiorari ................ 1

rs ov. cp 5 sp 5 ¥ % 8 w 8.0.08 1

ras Sas San st es 0 + 68 8 8 ea 2

Constitutional Provision Involved .............. 2

ee a ne a a 2

SSE TERETE 3

Reason for Granting the Writ ................ 20

The State Court Decisions Are in Conflict

With Immunity Principles Governing Actions

Under 42 U.S.C. 1983

eid Se Ge 6 Sw 48 668 oe ee we ee 26

ee ee ee ee re ee la

iv

TABLE OF AUTHORITIES

CASES

Anderson v. Creighton, —U.S.—, 107 S.Ct. 3034 (1987) . . . 24

Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) . 22, 23,25

Armstrong v. Manzo, 380 U.S. 545 (1965) ........ 21, 24

Chapman v. Dept. of Health and Rehabilitative Serv.,

517 So.2d 104 (Fla. 3d DCA 1987) .......... 19

Davis v. Scheur, 468 U.S. 183 (1984) ............. 24

Dennis v. Sparks, 449 U.S. 24 (1980) ........... 21, 22

Duchesne v. Sugarman, 566 F2d 817 (2d Cir.1977) ..... 21

Gomez v. Toledo, 446 U.S. 635 (1980) ............. 23

Harlow v. Fitzgerald, 457 U.S. 800 (1982) ........... 24

Malley v. Briggs, 475 U.S. 335 (1986) .........-.-... 25

Martinez v. California, 444 U.S. 277 (1980),

rehearing denied, 445 U.S. 920(1980) ........ 23

May v. Anderson, 345 U.S. 528 (1953) ............ 24

Meyer v. Nebraska, 262 U.S. 390 (1923) ............ 24

Owen v. City of Independence, 445 U.S. 622 (1980) . . . . 19,23

Parks v. City of Homestead, 414 So.2d 1142

8 ee aera 19, 23

Penthouse, Inc. v. Saba, 399 So.2d 456 (Fla. 2d DCA 1981),

review denied, 408 So.2d 1095 (1981) ........ 19

Skinner v. Oklahoma, 315 U.S. 535 (1942) .......... 24

Vv

Stanley v. Illinois, 405 U.S. 645(1972) .......... 20, 25

Tower v. Glover, 467 U.S. 914 (1984) ............. 21

West v. Atkins, —U.S.—, 108 S.Ct. 2250 (1988) ....... 20

STATUTES

UEC) ......... SS canvases 2

SP, 96 i oo cs 6 ae eee passim

PUR PEED. nee we ewe eacaee ens 4

pk, BY ek aera 4,16

OTHER AUTHORITY

Rule 9.030(a)(2), Florida Rules of Appellate Procedure,

Florida Rules of Court-State (West, 1990Ed.) ........ 20

Rule 1.510(c), Florida Rules of Civil Procedure, Florida

Rules of Court-State (West, 1990 Ed.) ...........-.. 18

Florida Evidence Code, sec. 90.902(2), Florida Rules

of Court-State (West, 1990 Ed.) ...........4.-.-. 13

a eps

ne et”

No.

IN THE

Supreme Court Of The United States

October Term, 1989

MARY CELESTE GRIFFING,

Petitioner,

v.

THE CHILDREN’S HOME SOCIETY OF FLORIDA, INC.,

Respondent.

PETITION FOR WRIT OF CERTIORARI

TO THE DISTRICT COURT OF APPEAL

OF FLORIDA, THIRD DISTRICT

Mary Celeste Griffing (“petitioner” hereafter) prays that

this Court review on certiorari the judgment of the District Court

of Appeal of Florida, Third District, which affirmed without

opinion a summary judgment entered for the Children’s Home

Society of the State of Florida, Inc. (“respondent” hereafter) by

the Circuit Court of the 11th Judicial Circuit in and for Dade

County (“Circuit Court” or “trial court” hereafter).

DECISION BELOW

The unpublished order granting “Summary Final Judg-

ment” to respondent is set out in the Appendix, at 1a—2a.

2

JURISDICTION

The District Court of Appeal of Florida, Third District,

affirmed without opinion on October 17, 1989, Appendix 3a,

and on January 10, 1990 denied rehearing, or rehearing en banc.

Appendix 4a. Jurisdiction of this Court is invoked under 28

US.C. §1257(3).

CONSTITUTIONAL PROVISION INVOLVED

U.S. CONST. Amend. XIV, §1

«“ * *

No State shall make or enforce any law which shall abridge

the privileges or immunities of citizens of the United States; nor

shall any State deprive any person of life, liberty, or property,

without due process of law....

STATUTE INVOLVED

42 USC 1983

Every person who, under color of any statute, ordinance,

regulation, custom, or usage, of any State or Territory or the

District of Columbia, subjects, or causes to be subjected, any

citizen of the United States or other person within the jurisdic-

tion thereof to the deprivation of any rights, privileges, or

immunities secured by the Constitution and laws, shall be liable

to the party injured in an action at law, suit in equity, or other

proper proceeding for redress....

ts Adalat Sat

3

STATEMENT OF THE CASE

Petitioner filed suit against respondent in February 1987,

alleging claims under 42 USC 1983 and Florida common law

based upon respondent's knowing participation in the termina-

tion of her parental rights in four young children without notice

or opportunity to be heard; and its subsequent concealment of

the fact that it had taken custody of petitioner's children and

caused them to be placed for adoption.

Petitioner alleged that in 1959 she was a citizen of Florida

residing in Key West, Monroe County. Separated from her

husband, she had sole custody of her four children, Debra

Anderson, age 6; Wayne Goldman, 5; Robin Goldman, 3; and

Adrienne Goldman, 1. Amended Complaint, 15.

In October 1959, petitioner was convicted of a misdemeanor

arising from unauthorized travel aboard a government aircraft.

She was sentenced to three months imprisonment, during

which she was forced to entrust her children to the care of a

babysitter. Id.. {6. Upon her release in February 1960,

petitioner discovered that her children were missing. Id., {8.

It was to take heralmost twenty-five years to learn what became

of them. Id., {23.

1 Petitioner filed her Complaint February 27, 1987, which she amended

on March 18, 1987, in respects not relevant here. Respondent answered this

Amended Complaint, and for this reason petitioner refers to it.

4

Petitioner alleged that following her release from prison she

immediately set about contacting local, county and state offi-

cials, all of whom denied knowledge of her children or their

whereabouts. Id., {11.

She sought assistance from the Clerk of Court for Monroe

County, but was told that there existed no record concerning

either the temporary or permanent termination of her parental

rights. Id., 412.

Petitioner also traveled to Dade County in search of her

childyen, and there made the first of many inquiries to respon-

dent, id., {414-17, whose officials denied having any

knowledge of petitioner's children. Ibid. For a perioc of twen-

ty-three years, respondent's officials repeatedly denied having

any information about petitioner's children. Id., {21.

In 1984, petitioner finally learned what had happened: An

investigative reporter working for ABC News discovered that

respondent took custody of petitioner's children in 1960, and

thereafter caused each of them to be placed for adoption. Id.,

1122-23.

Petitioner's claims of constitutional deprivation under 42

USC 1983 were alleged, in most pertinent part, as follows:

* * *

28. Plaintiff...possessed a federal constitutional

right to family privacy and the integrity of her family

? Florida laws required that orders respecting the temporary or

permanent deprivation of custody rights be maintained permanently; and

that natural parents have access to these records. 1951 Fla. Laws, c. 26880,

§1 (current version at Fla. Stat. §39.411 (1988)). Appendix 20a.

3 Respondent is a Florida corporation, Amended Complaint, 93, and at

all relevant times has been a “licensed child placing agency,” Fla. Stat.

§39.01(31) (1988) (originally enacted by 1951 Fla. Laws, c. 26880, §1), “a

person, society, association or institution licensed by the state welfare

board to care for, receive, or board children, and to place children in

a...foster or adoptive home.”

babes

nen eh) RES CNT eR LA mittee w

5

unit guaranteed by the United States Constitution, in-

cluding the Fourteenth Amendment to the Constitu-

tion.

29. On or about January, 1960, the Plaintiffs four

children were illegally taken from the custody of the

Plaintiff's babysitter in Key West, Florida. The children

were taken without providing the Plaintiff with legally

sufficient notice, or a hearing conforming with the re-

quirements of due process justifying the termination of

the Plaintiff's parental rights.

30. Atall times material, Defendant CHS was acting

under color of state law. Defendant CHS unconstitu-

tionally used state procedures to exercise functions per-

taining to the taking of children into custody and

removing them from their parents. This was a function

which was the exclusive prerogative of the State, and

CHS exercised this function with the help of State offi-

cials causing a deprivation of the Plaintiffs rights to a

family relationship as guaranteed by the United States

constitution.

31. At all times material, CHS acted in concert with

State officials, or obtained significant aid from State

officials in conjunction with the unconstitutional taking

of the Plaintiff's four children.

32. On or about January, 1960, Defendant CHS took

physical custody of the Plaintiff's four children:

Wayne, Debra, Robin and Adrienne.

33. Defendant CHS took custody of the Plaintiff's

children without her consent and without assuring that

the Plaintiff had been accorded due process as required

by the United States Constitution and state law.

34. At the time CHS took physical custody of the

Plaintiffs children, CHS had actual knowledge, or inthe

exercise of reasonable care should have known, that the

Plaintiff had not been provided a hearing or notice

6

authorizing the termination of the Plaintiff’s parental

rights.

35. After taking custody of the children, Defendant

CHS was further repeatedly advised that the Plaintiff's

children were taken from her without providing the

Plaintiff a hearing, but CHS acting under color of state

law ignored these notifications and retained custody of

the Plaintiff's four children although it had actual

knowledge that it had no lawful right to keep custody

of the children from the Plaintiff.

36. Nevertheless, Defendant CHS kept custody of

the four children for an extended period of time and

then gave the children up for adoption — permanently

depriving the Plaintiff of the love, companionship and

parentage of her children.

Amended Complaint.

Respondent answered on September 8, 19874, asserting a

general denial and a number of “affirmation defenses,” includ-

ing that “the Plaintiff’s damages, if any, were the result of the

action of third-parties over whom this Defendant has no control

or custody....” Answer to Amended Complaint, 4.

Following discovery, respondent moved for summary

judgment. It submitted a supporting affidavit from

respondent's current president. Notice of Filing, Affidavit of

Stephen S. Zaricki, April 15, 1988. Though he had no personal

knowledge of the events at issue, he asserted that two of

petitioner’s children were permanently committed to

“Respondent had moved to dismiss on May 7, 1987, on grounds of

statute of limitations and laches, and also asserted a failure to state claims

under 42 USC 1983 and Florida law. Defendant’s Motion to Dismiss. On

August 20, 1987, the Circuit Court entered an order deferring a ruling until

the time of trial. Order on Defendant’s Motion to Dismiss Amended

Compiaint.

7

respondent’s custody on April 7, 1960, id., {2; and that her

remaining two children were permanently committed to

respondent's custody on August 29, 1961. Id., {2. It was further

alleged that “(t]he permanent commitment of each of the...four

children...was founded on Court Orders issued by the Juvenile

Court of Monroe County, which found each of these children

to be dependent on the State of Florida for their care,” id., 14;

and that respondent could find no record of any inquiry from

petitioner, which would have been documented in its files. Id.,

1110-12.

Attached to this affidavit were uncertified copies of orders

purported to have been entered by the Juvenile Court of Mon-

roe County in 1960 and 1961. Appendix 5a—16a.

The “orders” in question indicate that each purported cus-

tody proceeding was initiated on petition of one “Roberta

Pettie, Child Welfare Supervisor” of the State Department of

Public Welfare. Ibid. Ms. Pettie, however, supplied an affidavit

for petitioner in which she denied any knowledge of the cus-

tody proceedings purported to have taken place, and alleged

that the orders were irregular and inconsistent:

1. My name is Roberta Pettie. I am over eighteen

years of age, legally competent, and testifying based

upon personal knowledge. I currently reside in Monroe

County, Florida.

2. I worked asa child welfare supervisor for Monroe

County, State of Florida, Department of Public Welfare

from 1957 to 1976.

3. During that time I :outinely dealt with the

Children’s Home Society as an agency that received

5 These are form documents in which specific representations about the

children have been crudely inserted by typewriter. The reproductions in

the Appendix cannot reflect this; nor can they reveal places in which form

language has been altered by typewritten insertions.

8

children from the State of Florida for both temporary

and permanent commitment. I have reviewed the

copies of what purpor* to be court orders that were filed

by the defendant in the above captioned matter....

4. The defendant has produced a xerox copy of a

document purporting to be a court order issued on

April7, 1960 placing Deborah [sic] Michelle [sic] Ander-

son in the custody of the Children’s Home Society.

[Appendix 5a-6a] This order states that I filed the peti-

tion and that the child was brought before the court and

there was an evidentiary hearing. It does not indicate

that the child’s mother was in court. Contrary to the

statements contained in that purported order, I did not

file this petition or appear in court on that matter.

5. There is a second copy of a purported court order

referring to Deborah Michelle Anderson that is dated

August 29, 1961 and which purportedly terminates the

parental rights of the natural parents.[Appendix 7a—8a]

This order states that I was before the court along with

the child and the mother on April 7, 1960. It then

terminates the parental rights on August 29, 1961, ap-

proximately a year and a half later. I was not before the

court for any hearing terminating parental rights on

April 7, 1960 or any date thereafter pertaining to this

child. Based upon my experience, I think that these

orders are irregular. For example, it is unusual that

parental rights were terminated based upon a prelimi-

nary hearing held a year and a half earlier for the

purpose of initial commitment to a child caring agency.

It is also unusual that one order states that the mother

was present on April 7, 1960, while the other order does

not.

6. The defendant has also provided purported or-

ders regarding the commitment of Wayne Andrew

Goldman. [Appendix 9a-12a] These orders are virtually

the same as the ones regarding Deborah, they contain

the same dates and make the same representations.

9

However, I was not present at any hearing regarding

Wayne Andrew Goldman. These orders reflect the

same inconsistencies as the orders concerning Deborah.

7. The defendant has also submitted a purported

order regarding Robin Jeanette Goldman.[Appendix

13a-14a] This purported order is dated April 7, 1960

however [sic] it discusses a hearing that allegedly oc-

curred on February 4, 1960 and states that I was present

before the court with Robin Jeanette Goldman. It states

that the cause was heard due to a sworn petition filed

by meand the order states that it is committing the child

to the Children’s Home Society for subsequent adoption

and terminating the rights of the natural parents. I was

not at a hearing on February 4, 1960 to terminate the

parental rights and permanently commit Robin Jeanette

Goldman to the Children’s Home Society. Based upon’

my experience, this order seems unusual because it was

not signed until April 7, 1960 and is inconsistent with

the other two orders regarding Robin’s siblings,

Deborah and Wayne.

8. Additionally, the defendants have filed a pur-

ported order of permanent commitment regarding

Adrian [sic] Celeste Goldman that is virtually the same

as the order concerning Robin Jeanette Goldman.[Ap-

pendix 15a-16a] This order also states that I filed a

petition and was present at a hearing. I was not at a

hearing regarding Adrian Celeste Goldman. This order

has the same inconsistencies as the order concerning

Robin.

9. Finally, I was not present at any court hearings for

any of these four (4) children. Based upon my nineteen

years of experience as a child welfare supervisor for

Monroe County, I believe these orders appear both

irregular and inconsistent with one another.

10

Plaintiff's Notice of Filing Affidavits in Opposition to

Defendant’s Motion for Summary Judgment, May 26, 1988.

Affidavit of Roberta Pettie.

Petitioner also submitted an affidavit. Id., Affidavit of

Plaintiff Mary Celeste Griffing. She denied ever having ap-

peared in, or having notice of, proceedings to deprive her of

custody, on a temporary of permanent basis. Id., {{5-6. She

alleged that she contacted the Clerk of the Circuit Court for

Monroe County during 1960 and 1961 and had been told that

no record existed of any custody proceedings pertaining to her

children. Id., 49. She alleged further that “[djuring my

numerous inquiries to The Children’s Home Society commenc-

ing in 1960 I made it clear to representatives of The Children’s

Home Society that I knew nothing pertaining to the circumstan-

ces causing the disappearance of my children and, therefore,

gave actual notice...that my children had been taken from me

without a hearing or any sort of due process.” Id., 412.

In a hearing on its motion for summary judgment, respon-

dent relied almost exclusively on the evidence of the “orders”

in its files:

[W]e have an affidavit by Steven [sic]

Zaricki....whereby we attached all of the Monroe Coun-

ty Court orders that were received by the Children’s

Home Society in 1960 establishing that Court hearings

had been held, that notice had been given and that the

children were being turned over to us by the State of

Florida pursuant to hearing and notice given to the

Plaintiff. And that we, acting on those particular orders,

went ahead and took the children and ended up putting

them up for adoption.

The record is unrefuted in this case that that is exactly

what occurred. Meaning that the Children’s Home

Society’s role was based solely on the State of Florida

coming to it, providing it with Court orders and telling

it, based on the statute dealing with children’s home

care facilities in the State of Florida, to do exactly what

11

this Defendant’s business was, which was to take care

of children and put them up for adoption.

Transcript of Proceedings, May 27, 1988, pp. 4-5.

Petitioner's counsel responded in part as follows:

[T]he law back in 1955, the law in 1960 and the law

all the way through to today is that any orders for the

permanent commitment of children must be kept per-

manently by the Clerk of the Court. We have our client

who went to the Clerk of the Court in ‘60 and ’61 and

no such orders existed. They haven’t come forward

with certified copies. That in and of itself raises a

genuine issue of material fact as to the genuineness of

the orders.

** * *

Secondly, your Honor, we have alleged there were

breaches of duty on the part of Children’s Home

Society. There were breaches of duty under State law

and breaches of duty under the Federal Constitution.

We have said that our client lost her children in

February of 1960. When she came back in February,

1960 to her home her children were missing and no

explanation as to why her children were gone. She has

said under oath there was no Court hearing. The record

in this case shows the Children’s Home Society took

custody of these children in January of 1960. There was

no legal authorization for them to take custody in

January of 1960 even under their version of the facts.

The earliest of these Court orders is dated in April, of

1960.

12

There are two Court orders that are dated as iate as

August of 1961. This has raised some very real question

about the validity of these orders and we have sup-

ported our opposition with a memo of law saying that

if there is any question as to the validity of a Court order,

the person that received a Court order can’t rely on it.

Also, there is no showing the Children’s Home

Society ever received certified copies of Court orders.

There has been no showing there are any official records

pertaining to the taking of these children.

We have said that our client went to the Children’s

Home Society in 1960 when she discovered that her

children were missing and she said to the Children’s

Home Society, “My children have disappeared. Do you

know anything about the children? I didn’t have a

hearing.”

The response of the Children’s Home Society was

essentially, “We don’t know anything about your

children.”

They were put on notice first by the invalidity of these

orders on their face that there wasn’t a hearing.

Secondly, our client went to them and gave them

actual notice there wasn’t any due process. And they

continued to participate in the permanent deprivation

of her four children from her.

We alleged this in our Complaint specifically. We

have alleged it in the affidavit in which our client has

factually said she put them on notice.

x * *

Furthermore, your Honor, we have in our memo of

law supporting our motion by Federal cases and of

course Federal cases are applicable to our claim under

Section 1983, U.S. Code, and those cases as recently as

—_ |

13

two years ago from the United States Supreme Court

say that when a person has a judicial authorization, a

judicial order, that this in and of itself on its face does

not insulate an official if the order is invalid on its face

or if the official had something to do with the procuring

of the order.

We know under the factual record that the Children’s

Home Society was involved with these children and the

custody of these children in January of 1960. We know

the last order pertaining to the permanent deprivation

of thesechildren from their mother was dated in August

of 1961.

So, there are issues of fact as to whether this Defen-

dant was involved in the procurement of the depriva-

tion of these children from their mother.

Transcript of Proceedings, May 27, 1988, pp. 12-16.

The fact that no record of the orders existed in the Monroe

County Court, id., pp. 7, 11, troubled the judge a great deal. Id.,

21 (“I’ve just never in all my years...have ever encountered

when [sic] there is not some record of some orders having been

entered somewhere.”) Nevertheless, he made clear that if the

signatures appearing on the documents were in fact genuine’,

he would find respondent “immune from any litigation,” id., p.

20, and grant summary judgment:

What I’m going to do anyhow in view of these allega-

tions on which I think the case pretty much turns, I don’t

mind telling you all. I’m talking about Summary Judg-

ments whether these are valid orders or not. If they’re

° Florida rules of evidence provide that “[e)xtrinsic evidence of

authenticity as a condition prededent to admissibility is not required

for...{a] document not bearing a seal but purporting to bear a signature of

an officer [of a court)...affixed in his official capacity.” Florida Evidence

Code, §90.902 (2), Florida Rules of Court-State (West 1990 Ed.)

14

valid orders I’m going to grant a Summary Judgment.

I'm going to tell you that. If they’re not valid orders, of

course, I’m going to deny the Summary Judgment,

simple as that. To me it’s crucial to my ruling that you

determine whether or not these are valid court orders

or forgeries as there is some allusion to.

So, you all are going to have to set out to either find

out if such orders were ever entered, as I said, by way

of a handwriting expert, determine whether or not this

is that Judge’s signature and so forth. If they’re valid

Court orders there is no question in my mind that the

Children’s Home Society is immune from any litigation

and grant their Summary Judgment.

But if you can’t establish the validity of those orders

I will deny it and let you proceed.

Id., pp. 19-20.

Thereafter, a handwriting expert certified that the signa-

tures on the documents did in fact appear to be genuine,

Defendant's Notice of Filing Affidavit of Ronald M. Dick in

Support of Defendant’s Motion for Summary Final Judgment,

December 2, 1988, a determination which petitioner did not

challenge.

Petitioner did, however, enter on the record a document

which cast further doubt upon both the validity of the orders,

and respondent's disavowal of any knowing participation in

securing the orders—and the children—in the absence of notice

to petitioner. It also called into question the extent to which

respondent had been fully responsive to petitioner's discovery

requests. Notice of Filing Exhibit “C” to Plaintiff's Memoran-

dum of Law in Opposition to Defendant’s Motion for Summary

Judgment, September 2, 1988.

This was a letter dated March 10, 1960 from one of

respondent's officials to the judge in Monroe County whose

signature appears on the orders. Though apparently taken

from respondent’s own records, it was furnished to petitioner

15

not by respondent but by a third party. Transcript of Proceed-

ings, January 3, 1989, p. 3. Its text was as follows:

This will confirm my telephone conversation with

you yesterday, March 9, 1960, regarding Judith

Goldman’s [petitioner's] four children. As I stated on

the telephone, we feel it is important that you know the

position of The Children’s Home Society of Florida

regarding these children.

We have had Robin Jeanette and Adrienne Celeste,

the two younger children, in one of our foster homes

since January 19, 1960... However, Deborah Michelle

Anderson and Wayne Andrew Goldman were placed

in the American Children’s Home and we do not know

them, inasmuch as we have not received our material

until this week. For this reason it is necessary for us to

say to you that we are not in a position to be able to

accept permanent commitment on these two older

children, narnely, Deborah and Wayne, at this time.

However, we want you to know that we are very

willing to have you give us temporary commitment on

these two older children. If you can see fit to do this, we

would then let you know when we have completed our

preadoptive study on them and should this indicate

they are adoptable, we would then send you a request

for permanent commitment of the two older children.

Based on our present findings, we expect to send you

our request for permanent commitment of Robin and

Adrienne, the two younger children, at the time of the

hearing on March 23, 1960.

16

You will recall our discussion of the handling of this

on the same basis as the H Children, whom

you committed to us under the same circumstances.

Please be assured of our desire to work with you and

Mrs. Pettie in the best interest of these dependent

children. Perhaps I should say here that I expect to

furnish some material to Mrs. Pettie regarding our ex-

perience of approximately two months with these two

younger children.

I would appreciate your letting me know whether or

not this pian is acceptable to you.

Appendix 17a-18a.

This letter revealed that respondent had engaged in infor-

mal, ex parte communications directed to securing custody

orders during the very period when petitioner contends she

was searching frantically for the children. It confirmed

moreover that during this same period respondent had taken

custody of Robin and Adrienne in the absence of any judicial

order. It also suggested that hearings on the permanent cus-

tody of these two younger children may not have taken place

February 4, 1960, as recited by the “Orders of Permanent Com-

mitment” of April 7, 1960." The writer does not mention any

such hearings, though they presumably would bear upon, if not

7 Florida law then authorized only a law enforcement officer or

“counselor or assistant counselor” of the juvenile courts to take custody of

a child without a court order where “the welfare of the child require[d]

[it],” 1951 Fla Laws, c. 26880, §1 (current version at Fla. Stat. 39.401 (1988)),

Appendix 19a, while mandating that the person “notify the parents...of the

child......at the earliest practicable time, and...deliver the child.,...if the judge

has so ordered, to a ...licensed child caring institution....” (emphasis added).

Ibid.

8 These orders are irregular in a way not mentioned by Ms. Pettie:

Neither bears a case number. Appendix. 13a, 15a.

BS ES ee ce ee

17

indeed obviate the need for, the “request for permanent com-

mitment of Robin and Adrienne” which the writer anticipates.

Petitioner addressed the factual issues generated by this

document in a supplemental hearing on respondent’s motion

for summary judgment:

We have the Children’s Home Society procuring their

own orders. We have ex-party [sic] communications

with the judge. We have the children with the

Children’s Home Society without any court orders and

I also point out in January when they say they had the

children, the Plaintiff was in federal prison as the Court

may remember. The Plaintiff got out of prison in

February and her testimony is in her affidavit she

started asking for these children and nobody knew

anything about it. There weren’t any court orders in the

courthouse and there aren’t to this day.

She started asking about her children and it appears,

and the Plaintiff submits when she started asking for her

children, the Children’s Home Society started asking

the judge for court orders.

Transcript of Proceedings, January 23, 1989, pp. 4-5.

For its part, respondent continued to rely heavily upon the

orders:

In this case these orders are proper. If there is any

irregularity, which I submit there isn’t, even if there

were under the statutes, it’s clear. The plaintiff hasn’t

come forth with one witness to say that anyone at the

Home Society had any knowledge of irregularities, had

[sic] not stated the Home Society did anything improper

in this case, and that it specifically relied on court orders

under the law were deemed to be correct orders. In light

of that we think there are no issues in this matter and

we're entitled to a summary judgment.

Id., pp. 7-8.

18

The court determined to grant summary judgment for

respondent, id., p. 15, while denying petitioner the opportunity

for additional discovery to develop, inter alia, issues generated

by the letter and respondent's failure to produce it. Id. , pp. 3,

15. On February 3, 1989, the court entered a “summary final

judgment” on the record.” Appendix 1la-2a.

On February 24, 1989 petitioner noted an appeal to the Third

Dis*ic* Court of Appeal of Florida, Third District. She argued,

in most relevant part, that summary judgment on petitioner's

Section 1983 claims was improper where she had been unable

to complete discovery; and where respondent’s knowing par-

ticipation in the unlawful taking of petitioner's children, and

the objective reasonableness of its purported reliance on the

orders in question were very much in issue. Initial Brief of

Appellant, June 23, 1989, pp. 9-26. Respondent argued, in sum,

as follows: “[T]he alleged factual vagaries [sic] asserted by

appellant are irrelevant to any consideration of the propriety of

summary judgment.” Answer Brief of Appellee The Children’s

Home Society of Florida, Inc., July 25, 1989, p. 7; and “the

juvenile court orders . . . unequivocally establish that [respon-

dent] did not participate in or instigate the taking of

[petitioner's] children; rather, [it] simply received these

children pursuant to those valid juvenile court orders.” Id., p. 8.

With respect to the letter dated March 10, 1960, respondent

argued that it “is insufficient to create any liability. [It] is

merely, as it states, a recitation of [respondent’s] position

regarding these children in an attempt to keep the court in-

formed ....” Id., p. 9.

® Rule 1.501 (c) of the Florida Rules of Civil Procedure provides that

summary judgment “shall be rendered forthwith if the pleadings,

depositions, answers to interrogatories and admissions on file together

with the affidavits, if any, show that there is no genuine issue as to any

material fact and that the moving party is entitled to a judgment as a

matter of law.” Florida Rules of Court-State (West, 1990 Ed.)

19

On October 17, 1989, the court affirmed the judgment of the

Circuit Court without opinion. Appendix 3a. It did, however,

cite several cases in support of its judgment, including Parks v.

City of Homestead, 414 So. 2d 1142 (Fla. 3d DCA 1982) (verdict

for police officer in false arrest suit upheld, where there was

sufficient evidence for a jury to have found that officer

reasonably believed that magistrate had requisite authority to

issue warrant); Owen v. City of Independence, 445 U.S. 622,

(1980)) (municipality may not assert the good faith immunity

of its officers or agents as a defense to liability under Section

1983); Penthouse, Inc. v. Saba, 399 So. 2d 456 (Fla. 2d DCA 1981),

review denied, 408 So. 2d 1095 (1981)) (Section 1983 action held

properly dismissed, where challenge to county commissioners’

refusal to approve a building plan involved no asserted viola-

tion of federal right); and Chapman v. Dept. of Health and

Rehabilitative Serv., 517 So. 2d 104, 105 (Fla. 3rd DCA 1987)

(Section 1983 action does not lie against a state agency and its

attorney for their role in imprisoning plaintiff for non-payment

of child support, where plaintiff alleged only that they “had

‘negligently’ failed to determine that the apparently valid final

judgment against [him] was void because he had not been

personally served in the underlying action...”).

On January 10, 1990 the court denied petitioner's motion for

rehearing, or for rehearing en banc. Appendix 4a. Petitioner did

not proceed to the Supreme Court of Florida because its discre-

tionary jurisdiction is limited to the following classes of cases:

(2) Discretionary Jurisdiction. The discretionary

jurisdiction of the Supreme Court may be sought to

review:

(A) decisions of district courts of appeal that:

(i) expressly declare valid a state statute;

(ii) expressly construe a provision of the state

or federal constitution;

20

(iii) expressly affect a class of constitutional or

state officers;

(iv) expressly and directly conflict with a

decision of another district court of appeal or of

the Supreme Court on the same question of law;

(v) pass upon a question certified to be of

great public importance;

(B) orders and judgments of trial courts cer-

tified by the district court of appeal in which the

appeal is pending to require immediate resolution

by the Supreme Court, and:

(i) to be of great importance, or

(ii) to have a great effect on the proper ad-

ministration of justice.

Rule 9.030 (a) (2), Florida Rules of Appellate Procedure, Florida

Rules of Court—State (West, 1990 Ed.).

KEASON FOR GRANTING THE WRIT

The State Court Decisions Are in Conflict

With Immunity Principles Governing

Actions Under 42 USC 1983

The elements of an action under 42 USC 1983 are well-es-

tablished: “[A] plaintiff must allege the violation of a right

secured by the constitution and laws of the United States, and

must show that the alleged deprivation was committed by a

person acting under color of state law” (citation omitted). West

v. Atkins, — U.S.—108 S.Ct. 2250, 2255 (1988).

Petitioner here alleged that a liberty interest long deemed

fundamental, “the interest of a parent in the companionship,

care custody, and management of...her children,” Stanley v.

Illinois, 405 U.S. 645, 651 (1972), was extinguished without

notice in violation of the Due Process Clause of the Fourteenth

21

Amendment. Armstrong v. Manzo, 380 U.S. 545, 550 (1965)

(decree granting stepfather’s petition for adoption was entered

in violation of the Fourteenth Amendment because the “failure

to give [the child’s father] notice of the pending proceeding

violated the most rudimentary demands of due process of

law”).

She alleged, moreover, (1) that respondent “used state pro-

cedures to exercise functions pertaining to the taking of

children into custody and removing them from their

parents...[,] a function which was the exclusive prerogative of

the State...,”"" Amended Complaint, {30; and (2) that respon-

dent “acted in concert with State officials, or obtained sig-

nificant aid from State officials in conjunction with the

unconstitutional taking of [petitioner's] four children.” Id.,

131.

Respondent did not challenge the fundamental nature of

the asserted liberty interest, the process which was due

petitioner under the Fourteenth Amendment, or suggest that

these principles were any less firmly entrenched at the time the

children were taken. Rather, it relied solely upon the existence

of the orders in its file to insulate it from liability.

1See Duchesne v. Sugarman, 566 F. 2d 817 (2d Cir. 1977) (private child care

institutions falling withing New York statutory definition of “authorized

agencies” empowered to take custody of children from state and city

officials were acting under color of law).

See Dennis v. Sparks, 449 U.S. 24, 27-28 (1980) (otherwise private person

acts “under color of” state law when engaged in a conspiracy with state

judge to deprive another of federal rights); Tower v. Glover, 467 US 914,

920—921 (1984) (public defender acts under color of state law when

engaged in conspiracy with state officials to deprive criminal defendant of

federal rights).

22

The trial court made clear that its decision to hold respon-

dent “immune from any litigation” depended entirely upon the

existence of genuine signatures on orders purporting to ter-

minate parental rights and to grant respondent permanent

custody of the four children. Whether the orders were entered

illegally, or indeed, whether they were entered at all; whether

respondent knowingly participated with the Monroe County

Juvenile Court judge to terminate petitioner’s parental rights

unlawfully; and whether it then concealed from petitioner facts

which should have been available to her as a matter of right,

these genuine issues of fact’~ were necessarily deemed inade-

quate as a matter of law to preclude entry of summary judg-

ment.

The immunity thus afforded to respondent here was akin

to the derivative judicial immunity claimed by the co-con-

spirator in Dennis v. Sparks, supra. A unanimous Court rejected

the argument that in the absence of this derivative immunity

“the [judge’s] official immunity will be seriously eroded,” id. at

29, for there is “nothing indicating that, historically, judicial

immunity insulated from damages liability those private per-

sons who corruptly conspire with the judge” (footnote

omitted). Ibid.

12See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986) (a “dispute

about a material fact is ‘genuine’...if the evidence is such that a reasonable

jury could return a verdict for the nonmoving party.”)

23

Petitioner here presented “affirmative evidence”, Anderson

v. Liberty Lobby, Inc., 477 U.S. at 257, evidence which was “to be

believed, and [from which] all justifiable inferences [were] to

be drawn in [her] favor” (citation omitted), ibid., establishing a

genuine issue as to whether respondent “corruptly conspire[d]

with the. jud ”, to secure custody of petitioner's children il-

re» The court thus erred in preventing petitioner from

roceeding to trial under principles established in Dennis v.

joints ,

The District Court of Appeal’s per curiam order referred, in

most relevant part, to Owen v. City of Independence, supra, in

which the Court addressed the propriety of extending to

municipalities the good faith immunity enjoyed by its officials;

and to Parks v. City of Homestead, supra, a case in which the

objective reasonableness of a police officer's reliance ona search

warrant was at issue where the judge had subsequently been

found to lack the requisite authority to issue the warrant. This

suggests that it affirmed, not on the ground of a derivative

judicial immunity, but on the ground of qualified immunity.

This decision was no more tenable than the trial court’s.

The affirmative defense of qualified immunity, see Gomez v.

Toledo, 446 U.S. 635, 640 (1980), is a “shield[] from liability for

civil damages insofar as [the] conduct does not violate clearly

1She did so despite the denial of additional discovery after she managed

to obtain a copy of respondent's letter to the judge. Cf. ibid. (“the plaintiff

must present affirmative evidence...even where the evidence is likely to be

within the possession of the defendant, so long as the plaintiff has had a

full opportunity to conduct discovery.”)

M4, state court exercising jurisdiction of a Section 1983 claim, see Martinez

v. California, 444 U.S. 277, 283, n. 7 (1980), rehearing denied, 445 U.S. 920

(1980), is bound to apply federal principles. Id. at 284, n. 8.

24

established statutory or constitutional rights of which a

reasonable person would have known.” Harlow v. Fitzgerald,

457 U.S. 800, 818 (1982). ~ The Court recently explained:

The contours of the right must be sufficiently clear

that a reasonable official would understand that what

he is doing violates that right. This is not to say that an

official action is protected by qualified immunity unless

the very action in question has been previously held

unlawful, ... but it is to say that in the light of preexisting

law the unlawfulness must be apparent. (citation

omitted)

Anderson v. Creighton, — U.S. —, 107 S.Ct. 3034, 3039 (1987).

The fundamental nature of the liberty interest at stake was

as apparent in 1960 as it is today. Parental rights had long been

deemed “essential”, Meyer v. Nebraska, 262 U.S. 390, 399 (1923);

among the “basic civil rights of man”, Skinner v. Oklahoma, 316

U.S. 535, 541 (1942); and “far more precious...than property

rights.” May v. Anderson, 345 U.S. 528, 533 (1953). The right to

notice, that “most rudimentary demand[] of due process...”,

Armstrong v. Manzo, 380 U.S. at 550, prior to the abridgment of

any such an interest, was equally well-established: “[T]here can

be no doubt that at a minimum [due process] require[s] that

deprivation of life, liberty or property by adjudication be

preceded by notice and opportunity for hearing appropriate to

the nature of the case.” Ibid. (quoting Mullane v. Central Hanover

Bank & Trust Co., 339 U.S. 306, 313 (1950)).

In light of these well-established principles, the District

Court of Appeal seems to have determined that it was objec-

tively reasonable as a matter of law to rely on judicial authoriza-

tion for the challenged conduct. This isa position similar to one

'SThe rule on qualified immunity established in Harlow, a suit against

federal officials is also applicable in actions brought against state officials

under Section 1983. Davis v. Scheur, 468 U.S. 183, 194, n. 12 (1984)

25

advanced by the police officer in Malley v. Briggs, 475 U.S. 335,

345 (1986) sued when he allegedly applied for and obtained an

arrest warrant in the absence of probable cause. He argued in

part that his conduct had been per se objectively reasonable

because “he [was] entitled to rely on the judgment of a judicial

officer in finding that probable cause exist[ed] and hence issu-

ing the warrant.” Id., 106 S.Ct. at 1098. The Court, however

found that entitlement to qualified immunity does not turn on

any such judicial imprimatur: “The...question is whether a

reasonably well-trained officer in petitioner's position would

have known that his affidavit failed to establish probable cause

and that he should not have applied for the warrant.” (footnote

omitted) Ibid.

A per se rule of qualified immunity is no more appropriate

in this context, where the facts, viewed in the light most

favorable to petitioner, Anderson v. Liberty Lobby, Inc., supra, 477

US. at 255, establish respondent's knowing participation with

a judicial officer in the destruction of petitioner's parental

rights.

The District Court of Appeal thus erred in denying

petitioner a trial on her Section 1983 claims, the only means she

now has of vindicating the liberty interest of a mother per-

manently deprived of her children. We respectfully submit that

it failed to remember this Court’s words in Stanley v. Illinois:

The private interest...of a [woman] in the children

she has [borne]..., undeniably warrants deference and,

absent a powerful countervailing interest, protection. It

is plain that the interest of a parent in the companion-

ship, care, custody, and management of...her children

‘come{s] to this Court with a momentum for respect

lacking when appeal is made to liberties which derive

merely from shifting economic arrangements.’”

Id., 405 US. at 651 (quoting Kovacs v. Cooper, 366 U.S. 77, 95

(1949))

26

CONCLUSION

For the foregoing reasons, petitioner respectfully requests

that this Court review on certiorari the judgment of the District

Court of Appeal of Florida, Third District affirming the trial

court’s entry of summary judgment; and that the Court reverse

the judgment and remand the case for trial.

JOHN PATTON RACIN

1721 Lamont St. N.W.

Washington D.C. 20010

202 265-2516

Attorney for Petitioner

— 7. z

la

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR

DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.: 87-08837 CA 19

MARY CELESTE GRIFFING,

Plaintiff,

VS.

THE CHILDREN’S HOME SOCIETY OF

FLORIDA, INC.,

Defendant.

SUMMARY FINAL JUDGMENT

THIS CAUSE having come before the Court on January 23,

1989, on the Motion of the Defendant, THE CHILDREN’S

HOME SOCIETY OF FLORIDA, INC., for Summary Final Judg-

ment, and the Court having heard argument of counsel and

being fully advised in the premises, it is hereby,

ORDERED AND ADJUDGED as follows:

1. The Motion for Summary Final Judgment of the Defen-

dant, THE CHILDREN’S HOME SOCIETY OF FLORIDA,

INC., is hereby granted.

2. Summary Final Judgment is hereby entered in favor of

the Defendant, THE CHILDREN’S HOME SOCIETY OF

FLORIDA, INC., and the Plaintiff, MARY CELESTE GRIFF-

ING, takes nothing by this action and that Defendant, THE

CHILDREN’S HOME SOCIETY OF FLORIDA, INC., go hence

without day [sic] and shall recover costs from the Plaintiff in a

sum to be determined by this Court at a later date.

2a

DONE AND ORDERED in Chambers at Miami, Dade

County, Florida, this 27 day of Jan., 1989.

/s/ JACK M. TURNER

CIRCUIT COURT JUDGE

Copies furnished to:

Jan L. Jacobowitz, Esquire

Ellen Leesfield, Esquire

William S. Reese, Esq.

FEB 1 1989

3a

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA, THIRD DISTRICT

JULY TERM, A.D. 1989

MARY CELESTE GRIFFING,

Appellant,

vs. CASE NO. 89-461

THE CHILDREN’S HOME

SOCIETY OF FLORIDA, INC.,

Appellee.

Opinion filed October 17, 1989.

An Appeal from the Circuit Court for Dade County, Jack M.

Turner, Judge.

Dunn, Dresnick, Lodish & Miller and Jan L. Jacobowitz and

Helen L. Stone, for appellant.

Wicker, Smith, Blomqvist, Tutan, O’Hara, McCoy, Graham

& Lane and Shelley H. Leinicke, for appellee.

Before SCHWARTZ, C.J.,and BARKDULL and HUBBART,

JJ.

PER CURIAM.

Affirmed. See Stanley v. Georgia, 394 U.S. 557,89S.Ct. 1243,

22 L.Ed.2d 542 (1969) [sic]; Parks v. City of Homestead, 414

So.2d 1142 (Fla. 3d DCA 1982); Owen v. City of Independence,

445 U.S. 622, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980); Penthouse,

Inc. v. Saba, 399 So.2d 456 (Fla. 2d DCA 1981), review denied,

408 So.2d 1095 (1981); Chapman v. State Dep’t of Health and

Rehabilitative Servs., 517 So.2d 104 (Fla. 3d DCA 1987);

Robertson v. Deak Perera (Miami), Inc., 396 So.2d 749 (Fla. 3d

DCA 1981), review denied, 407 So.2d 1105 (Fla. 1981).

i

4a

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JANUARY TERM, A.D. 1989

WEDNESDAY, JANUARY 10, 1990

MARY CELESTE GRIFFING,

Appellant,

vs. CASE NO. 89-461

THE CHILDREN’S HOME SOCIETY

OF THE STATE OF FLORIDA, INC.,

Appellee.

Upon consideration, appellant’s motion for rehearing and

motion for rehearing en banc are hereby denied.

A True Copy

ATTEST:

LOUIS J. SPALLONE

Clerk District Court of

Appeal, Third District

By _/s/

Deputy Clerk

cc: Jan L. Jacobowitz

Shelley H. Leinicke

/ih

5a

THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

DEBRA MICHELE ANDERSON CASE NO. 438

A CHILD

ORDER OF COMMITMENT TO CHILD CARING AGENCY

WHEREAS Roberta Pettie, Child Welfare Supervisor, State

Dep’t Welfare of said County, has filed a petition under oath in

this court alleging that Debra Michele Anderson is a dependent

child within the intent and meaning of Chapter 26.880 Laws of

Florida, Acts of 1951, and it appearing to the court that all

persons entitled to notice of hearing have been duly notified

thereof, and said child having been brought before the court,

and due examination held, upon the evidence adduced at the

hearing, the court finds:

That Debra Michele Anderson is a child within the jurisdic-

tion of this court, found, living or domiciled in Monroe County,

Florida, of the age of 7 years; that the said Debra Michele

Anderson is a dependent child as defined by Section 29.01 of

the Florida Statutes, by reason of the following facts: Wards

[sic] of Court since 9/16/59; committed to care of Division of

Children’s Services, State Welfare since then. Father were [sic]

duly searched for but unable to locate them[sic]. Mother has

failed to present a plan for care of children, has served sentence

in Federal Prison & is now returned. It is deemed in the best

interest of child that she be placed with The Children’s Home

Society for care ieading to permanent commitment for sub-

sequent adoption. and it appearing to the court that it is for the

best interest of said child that she be removed from the custody

and control of her parent(s) the said Carl Wayne Anderson &

Mrs. Jody Anderson alias Mrs. Judith Goldman and from the

home and surroundings in which she is now situated, and the

The Children’s Home Society of Florida is duly licensed by the

6a

Florida State Board of Public Welfare as a Child Caring Agency

under the provisions of Section 409.06 Florida Statutes, 1941,

and is willing to receive said child, therefore,

It is hereby ordered that the said Debra Michele Anderson

be and she is hereby removed from the custody and control of

her said parent(s) or C. W. Anderson & Jody Anderson alias

Judith Goldman and committed to the care, custody and super-

vision of the said Child Caring Agency, the said Children’s

Home Society of Florida until the further order of this court,

and jurisdiction of said child and of this case is hereby retained

for the purpose of making such other orders herein as to the

court may seem necessary.

WITNESS my hand as Judge and the seal of the Juvenile

Court of Monroe County, Florida, this 7th day of April, 1960.

Received by /s/ Elanore C. Marien /s/ Eva Wamer Gibson

By Judge of the Juvenile

Court of Monroe County,

Title Florida

7a

ORDER OF PERMANENT COMMITMENT

IN THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

DEBRA MICHELE ANDERSON CASE NO. 438

DEPENDENT Female CHILD

This cause came on to be heard before me upon the sworn

petition filed by Roberta Pettie, Child Welfare Supervisor, State

Dept. Welfare of Monroe County In the above entitled cause on

the 7th day of April A.D., 1960, Carl Wayne Anderson, legal

father having been duly searched for and not found; Roberta

Pettie representing the Department of Public Welfare; Debra

Michele Anderson dependent child and Judith Jean Donnelly

aka Anderson aka Goldman mother having been before the

Court and the Court finding that all persons entitled to notice

of this hearing have been duly notified, or that the parent or

parents of said child have duly surrendered said child to The

Children’s Home Society of Florida, a child placing agency

licensed under the Laws of the State of Florida; and that said

Debra Michele Anderson, having been born on or about the

20th day of December 1952, is dependent within the meaning

and intent of the Laws of the State of Florida, and is a suitable

child for adoption, and that it is manifestly to the best interests

of said child that this order be made and entered. The Court

further finds and determines that The Children’s Home Society

of Florida is a duly licensed child placing agency and that the

said Society is willing to receive the said child into its per-

manent custody.

It is therefore ORDERED, ADJUDGED AND DECREED

that the said dependent child be and is hereby permanently

committed to the care and custody of the said The Children’s

Home Society of Florida for subsequent adoption.

8a

It is further ORDERED, ADJUDGED AND DECREED that

the said dependent child shall forthwith become the ward of,

and the person of the said child shall be subject to the guardian-

ship of The Children’s Home Society of Florida, and said

Society is hereby given the authority to place the said child in

a family home for the purpose of adoption, and may become a

party to any proceeding for the legal adoption of the said

dependent child, and may consent thereto, and by its repre-

sentative or attorney may appear in any court where such

proceeding is pending, and participate therein as the guardian

of said dependent child.

It is further ORDERED, ADJUDGED AND DECREED that

the natural parent, or parents, of the said dependent child, and

the legal guardian, if such there be, other than the said The

Children’s Home Society of Florida, and all other persons, are

hereby jointly and severally permanently deprived of all rights

to such child, all of which said rights are hereby declared

permanently forfeited.

DONE AND ORDERED AT Key West, Monroe County,

Florida, this 29th day of August A.D., 1961.

(A True Copy)

/s/Eva Warner Gibson

JUDGE

ls/

Clerk

9a

THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

WAYNE ANDREW GOLDMAN CASE NO. 439

A CHILD

ORDER OF COMMITMENT TO CHILD CARING AGENCY

WHEREAS Roberta Pettie, Child Welfare Supervisor, State

Dep’t Welfare of said County, has filed a petition under oath in

this court alleging that Wayne Andrew Goldman is a depend-

ent child within the iritent and meaning of Chapter 26.880 Laws

of Florida Acts of 1961, and it appearing to the court that all

persons entitled to notice of hearing have been duly notified

thereof, and said child having been brought before the court,

and due examination held, upon the evidence adduced at the

hearing, the court finds:

That Wayne Andrew Goldman is a child within the juris-

diction of this court, found, living or domiciled in MONROE

County, Florida, of the age of 6 years; that the said Wayne

Andrew Goldman is a dependent child as defined by Section

30.01 of the Florida Statutes, by reason of the following facts:

Wards [sic] of Court since 9/16/59; committed to care of

Division of Children’s Services, State Welfare since then. Father

was duly searched for but not found. Mother has failed to

present plan for care of child, has served sentence in Federal

Prison & is now returned. Deemed in best interest of child that

he be placed with The Children’s Home Society for care leading

to permanent commitment for subsequent adoption, and it

appearing to the court that it is for the best interest of said child

that he be removed from the custody and control of his parent(s)

or legal custodian, the said Ronald J. Goldman & Jody Ander-

son alias Mrs. Judith Goldman and from the home and sur-

10a

roundings in which he is now situated, and that The Children’s

Home Society of Florida is duly licensed by the Florida State

Board of Public Welfare as a Child Caring Agency under the

provisions of Section 409.06 Florida Statutes, 1941, and is will-

ing to receive said child, therefore,

It is hereby ordered that the said Wayne Andrew Goldman

be and he is hereby removed from the custody and control of

his said parents(s) R. J. Goldman & Jody Anderson alias Mrs

Judith Goldman and committed to the care, custody and super-

vision of the said Child Caring Agency, the said Children’s

Home Society of Florida until the further order of this court,

and jurisdiction of said child and of this case is hereby retained

for the purpose of making such other orders herein as to the

court may seem necessary.

WITNESS my hand as Judge and the Seal of the Juvenile

Court of Monroe County, Florida, this 7th day of April, 1960.

Received by /s/ Elanore C. Marien__/s/ Eva Warmer Gibson

Judge of the Juvenile Court

of Monroe County, Florida

lla

ORDER OF PERMANENT COMMITMENT

IN THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

WAYNE ANDREW GOLDMAN CASE NO. 439

DEPENDENT Male CHILD

This cause came on to be heard before me upon the sworn

petition filed by Roberta Pettie, Child Welfare Supervisor, State

Department of Welfare, of Monroe County.

In the above entitled cause on the 7th day of April A.D.,

1960, Ronald Jay Goldman, legal father, having been duly sear-

ched for and not found; Judith Jean Donnelly Anderson

Goldman, natural mother and Roberta Pettie representing State

Department of Welfare and Wayne Andrew Goldman depend-

ent child having been before the Court and the Court finding

that all persons entitled to notice of this hearing have been duly

notified, or that the parent or parents of said child have duly

surrendered said child to The Children’s Home Society of

Florida, a child placing agency licensed under the Laws of the

State of Florida; and that said Wayne Andrew Goldman, having

been born on or about the 10th day of December 1953, is

dependent within the meaning and intent of the Laws of the

State of Florida, and is a suitable child for adoption, and that it

is manifestly to the best interests of said child that this order be

made and entered. The Court further finds and determines that

The Children’s Home Society of Florida is a duly licensed child

placing agency and that the said Society is willing to receive the

said child into its permanent custody.

It is therefore ORDERED, ADJUDGED AND DECREED

that the said dependent child be and is hereby permanently

committed to the care and custody of the said The Children’s

Home Society of Florida for subsequent adoption.

12a

Itis further ORDERED, ADJUDGED AND DECREED that

the said dependent child shall forthwith become the ward of,

and the person of the said child shall be subject to the guardian-

ship of The Children’s Home Society of Florida, and said

Society is hereby given the authority to place the said child in

a family home for the purpose of adoption, and may become a

party to any proceeding for the legal adoption of the said

dependent child, and may consent thereto, and by its repre-

sentative or attorney may appear in any court where such

proceeding is pending, and participate therein as the guardian

of said dependent child.

It is further ORDERED, ADJUDGED AND DECREED that

the natural parent, or parents, of the said dependent child, and

the legal guardian, if such there be, other than the said The

Children’s Home Society of Florida, and all other persons, are

hereby jointly and severally permanently deprived of all rights

to such child, all of which said rights are hereby declared

permanently forfeited.

DONE AND ORDERED AT Key West, Monroe County,

Florida, this 29th day of August A.D., 1961.

___Eva Warner Gibson

JUDGE

(A True Copy)

/s/

Clerk

13a

ORDER OF PERMANENT COMMITMENT

IN THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

ROBIN JEANETTE GOLDMAN CASE NO.

DEPENDENT Female CHILD

This cause came on to be heard before me upon the sworn

petition filed by Mrs. Roberta Pettie, Child Welfare Supervisor,

Florida Dept. of Public Welfare of Monroe County in the above

entitled cause on the 4th day of February A.D., 1960, Mrs.

Roberta Pettie, Child Welfare Supervisor, Florida Department

of Public Welfare and Robin Jeanette Goldman having been

before the Court and the Court finding that all persons entitled

to notice of this hearing have been duly notified, or that the

parent or parents of said child have duly surrendered said child

to The Children’s Home Society of Florida, a child placing

agency licensed under the Laws of the State of Florida; and that

said Robin Jeanette Goldman, having been born on or about the

15th day of April 1956, is dependent within the meaning and

intent of the Laws of the State of Florida, and is a suitable child

for adoption, and that it is manifestly to the best interests of said

child that this order be made and entered. The Court further

finds and determines that The Children’s Home Society of

Florida is a duly licensed child placing agency and that the said

Society is willing to receive the said child into its permanent

custody.

It is therefore ORDERED, ADJUDGED AND DECREED

that the said dependent child be and is hereby permanently

committed to the care and custody of the said The Children’s

Home Society of Florida for subsequent adoption.

It is further ORDERED, ADJUDGED AND DECREED that

the said dependent child shall forthwith become the ward of,

14a

and the person of the said child shall be subject to the guardian-

ship of The Children’s Home Society of Florida, and said

Society is hereby given the authority to place the said child in

a family home for the purpose of adoption, and may become a

party to any proceeding for the legal adoption of the said

dependent child, and may consent thereto, and by its repre-

sentative or attorney may appear in any court where such

proceeding is pending, and participate therein as the guardian

of said dependent child.

It is further ORDERED, ADJUDGED AND DECREED that

the natural parent, or parents, of the said dependent child, and

the legal guardian, if such there be, other than the said The

Children’s Home Society of Florida, and all other persons, are

hereby jointly and severally permanently deprived of all rights

to such child, all of which said rights are hereby declared

permanently forfeited. f

DONE AND ORDERED AT Key West, Monroe County,

Florida, this 7th day of April A.D., 1960

(A True Copy) /s/ Eva Warmer Gibson

JUDGE

ee

15a

ORDER OF PERMANENT COMMITMENT

IN THE JUVENILE COURT

IN AND FOR MONROE COUNTY, FLORIDA

IN THE INTEREST OF

ADRIENNE CELESTE GOLDMAN CASE NO.

DEPENDENT Female CHILD

This cause came on to be heard before me upon the sworn

petition filed by Mrs. Roberta Pettie, Child Welfare Supervisor,

Florida Dept. of Public Welfare, Monroe County.

In the above entitled cause on the 4th day of February A.D.,

1960, Mrs. Roberta Pettie, Child Welfare Supervisor, Florida

Department of Public Welfare and Adrienne Celeste Goldman

having been before the Court and the Court finding that all

persons entitled to notice of this hearing have been duly

notified, or that the parent or parents of said child have duly

surrendered said child to The Children’s Home Society of

Florida, a child placing agency licensed under the Laws of the

State of Florida; and that said Adrienne Celeste Goldman,

_ having been born on or about the 19th day of November, 1958,

is dependent within the meaning and intent of the Laws of the

State of Florida, and is a suitable child for adoption, and that it

is manifestly to the best interests of said child that this order be

made and entered. The Court further finds and determines that

The Children’s Home Society of Florida is a duly licensed child

placing agency and that the said Society is willing to receive the

said child into its permanent custody.

It is therefore ORDERED, ADJUDGED AND DECREED

that the said dependent child be and is hereby permanently

committed to the care and custody of the said The Children’s

Home Society of Florida for subsequent adoption.

S——_eeea. aN

16a

It is further ORDERED, ADJUDGED AND DECREED that

the said dependent child shall forthwith become the ward of,

and the person of the said child shall be subject to the guardian-

ship of The Children’s Home Society of Florida, and said

Society is hereby given the authority to place the said child in

a family home for the purpose of adoption, and may become a

party to any proceeding for the legal adoption of the said

dependent child, and may consent thereto, and by its repre-

sentative or attorney may appear in any court where such

proceeding is pending, and participate therein as the guardian

of said dependent child.

It is further ORDERED, ADJUDGED AND DECREED that

the natural parent, or parents, of the said dependent child, and

the legal guardian, if such there be, other than the said The

Children’s Home Society of Florida, and all other persons, are

hereby jointly and severally permanently deprived of all rights

to such child, all of which said rights are hereby declared

permanently forfeited.

DONE AND ORDERED AT Key West, Monroe County,

Florida, this 7th day of April A.D., 1960.

(A True Copy) Eva Warner Gibson

_/s/ Isabel Fleming _

Clerk

17a

March 10, 1960

Hon. Eva Warner Gibson

Juvenile Court of Monroe County

Monroe County Court House

Key West, Fla.

Re: Children:

Debra Michele Anderson _ B. 12-20-52

Wayne Andrew Goldman _B. 12-10-53

Robin Jeanette Goldman B. 4-15-56

Adrienne Celeste Goldman B.11-19-58

Dear Judge Gibson:

This will confirm my telephone conversation with you

yesterday, March 9, 1960, regarding Judith Goldman’s four

children. As | stated on the telephone, we feel it is important

that you know the position of The Children’s Home Society of

Florida regarding these children.

We have had Robin Jeanette and Adrienne Celeste, the two

younger children, in one of our foster homes since January 19,

1960. Therefore, we know these children and have been in the

process of a pre-adoptive evaluation. However, Debra Michele

Anderson and Wayne Andrew Goldman were placed in the

American Children’s Home and we do not know them, inas-

much as we had not received our referral material on them until

this week. For this reason it is necessary for us to say to you

that we are not in a position to be able to accept permanent

commitment on these two older children, namely, Debra and

Wayne at this time.

However, we want you to know that we are very willing to

have you give us temporary commitment on these two older

children. If you can see fit to do this, we would then let you

know when we have completed our pre-adoptive study on

them and should this indicate that they are adoptable, we

18a

would then send you a request for permanent commitment of

the two older children.

Based on our present findings, we expect to send you our

request for permanent commitment of Robin and Adrienne, the

two younger children at the time of the hearing on March 23,

1960.

You will recall our discussion of the handling of this on the

same basis as the H. Children, whom you com-

mitted to us under the same circumstances. Please be assured

of our desire to work with you and Mrs. Pettie in the best

interest of these dependent children. Perhaps I should say here

that I expect to furnish some material to Mrs. Pettie regarding

our experience of approximately two months with these two

younger children.

I would appreciate your letting us know whether or not this

plan is acceptable to you.

Sincerely yours,

(Mrs.) Elanore C. Marien

Supervisor

Southeastern Division

cc. Mrs. Roberta Pettie

FDPW, Key West, Fla.

Mrs. Dee Winterstrom

Bar Harbour 9, Miami

19a

1951 Fla. Laws, c. 26880, §1

(current version at Fla. Stat. Sec. 39.401 (1988))

39.03 Taking a child into custody; detention.—

(1) No child shall be taken into custody without an order

of the judge of the juvenile court of the county or district

wherein the child is found, living, or domiciled, unless (a) the

child is in such condition or surroundings that the welfare of

the child requires that the child be immediately taken into

custody, or (b) the child shall be alleged to have committed a

violation of law. In case either of those special circumstances

shall exist, any law enforcement officer whose duty it would be

todo so if thechild were an adult, and any counselor or assistant

counselor, may take the child into custody without order of the

judge.

*“* *

(3) The person taking and retaining a child in custody shall

notify the parents or legal custodians of the child at the earliest

practicable time, and shall, without delay for the purpose of

investigation or any other purpose, deliver the child, by the

most direct practicable route, to the court of the county or

district where the child is taken into custody, or, if the judge has

so ordered, to a detention home or licensed child caring institu-

tion or county or city jail, within the county or district, desig-

nated by the judge, and shall at the earliest practicable time

report in writing to the court the facts by reason of which the

child was taken into custody...

20a

1951 Fla. Laws, c. 26880, §1

(current version at Fla. Stat. 39.411 (1988))

39.12 Seal; records; privileged information.—

**~ * *

(2) The juvenile court shall make and keep records of all

cases brought before it, and shall preserve the records pertain-

ing to a child until ten years after the last entry was made, and

may then destroy them, except that records of cases where

orders were entered permanently depriving a parent of the

custody of a child shall be preserved permanently....

(3) Juvenile court records shall not be public records, and

shall not be open to inspection by the public. Records shall be

inspected only upon order of the judge, by persons deemed by

the judge to have a proper interest therein, except that a child

and the parents or legal custodians of the child and their attor-

neys shall always have the right to inspect and copy any official

record pertaining to the child...

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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