
    Joanna YELVERTON a/k/a Joanna Scull, Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.
    No. 85-118.
    District Court of Appeal of Florida, Fifth District.
    Oct. 3, 1985.
    Eric V. Gill, Port Orange, for appellant.
    No appearance for appellee.
   COBB, Chief Judge.

In this case the mother of a child permanently committed for adoption appeals that judgment. Although several issues are raised, the appellant’s fourth point is dis-positive in light of recent action by the Florida Supreme Court. That point is framed:

THE TRIAL COURT ERRED IN NOT REQUIRING APPELLEE TO COMPLY WITH SECTION 409.168(3)(A), FLORIDA STATUTES, WHICH REQUIRES A PERFORMANCE AGREEMENT IN EACH CASE WHERE CUSTODY OF A CHILD HAS BEEN VESTED VOLUNTARILY OR INVOLUNTARILY IN THE SOCIAL SERVICE AGENCY AND THE CHILD HAS BEEN PLACED IN FOSTER CARE.

In Burk v. Department of Health & Rehabilitative Services, 476 So.2d 1275 (Fla.1985), and Gerry v. Department of Health & Rehabilitative Services, 476 So.2d 1279 (Fla.1985), the Florida Supreme Court, in four-to-three opinions, agreed with the position herein asserted by the appellant: under the language of section 409.168, Florida Statutes (1983), a performance agreement must be prepared by the Department of Health and Rehabilitative Services and offered to parents in every case in which a social service agency obtains custody of a dependent child as a condition precedent to termination of parental rights.

REVERSED and REMANDED.

UPCHURCH and SHARP, JJ„ concur.  