B.W. v. Department Health and Rehabilitative Services

We have for review In the Interest of B.W., 479 So.2d 740 (Fla. 5th DCA 1985), which expressly and directly conflicts with several decisions of other district courts. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Wirsing's children were adjudicated dependent and placed in the temporary legal custody of the Department of Health and Rehabilitative Services (HRS) on December 12, 1979. Subsequently, HRS petitioned for permanent commitment of the children, alleging, inter alia, abandonment during the six-month period beginning April 1983. The district court affirmed the trial court's order terminating Wirsing's parental rights and permanently committing his children to the custody of HRS under section 39.41(1)(f)1., Florida Statutes (1983) which reads in pertinent part: