instruction:
In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
of G.D.’s older sibling, C.D., based on the abuse of G.D. The court may not terminate parental rights based on the abuse of a sibling without a finding of a nexus between the abuse and the prospective abuse. O.M. v. Dep’t of Children & Family Servs. (In re G.C.A.), 863 So.2d 476 (Fla. 2d DCA 2004) (citing R.F. v. Dep’t of Children & Families (In re M.F.), 770 So.2d 1189 (Fla.2000)); see also C.M. v. Dep’t of Children & Families (In re C.M.), 844 So.2d 765, 766 (Fla. 2d DCA 2003) (“Children who have not been abused may be adjudicated dependent based on abuse inflicted upon their siblings; however, the evidence must demonstrate a nexus between the abuse and any prospective abuse to another sibling.”). But see T.P. v. Dep’t of Children & Families, 860 So.2d 1084, 1089 (Fla. 5th DCA 2003) (<HOLDING>). “Generally, this nexus is established when 
 Holding statements: (A) holding that parental rights may be terminated based on the egregious abuse of a sibling without a showing of a nexus but providing that the parent should be afforded the opportunity to show a lack of a nexus (B) holding that in order to support a termination of parental rights based on prospective abuse it is necessary to show that the behavior of the parent was beyond the parents control likely to continue and placed the child at risk and citing as an example the parents mental illness (C) holding the parental rights of a child may not be terminated unless that parent has been represented by counsel at every critical stage of the proceedings (D) recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated (E) recognizing petitioners must be afforded the opportunity to show good cause for filing a longer petition
answer:
holding that in order to support a termination of parental rights based on prospective abuse it is necessary to show that the behavior of the parent was beyond the parents control likely to continue and placed the child at risk and citing as an example the parents mental illness


question:
quantity function as elements by increasing the maximum penalty a defendant may receive, are they elements of an aggravated offense or are they sentencing factors with heightened due process requirements? See id. at 573, 575 (Hug, J., concurring) (disagreeing with the majority’s apparent conclusion that the penalty provisions of § 841(b) are not elements of the offense). The district court correctly interpreted Buckland as holding that drug type and quantity are not elements of the offense, but rather are material facts that must be submitted to the jury and proved beyond a reasonable doubt. The Buckland opinion emphasized that the relevant inquiry is not whether a penalty provision is an element, but rather whether it exposes the defendant to a longer sentence than woul (9th Cir.2002) (<HOLDING>); United States v. Minore, 292 F.3d 1109, 
 Holding statements: (A) recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so (B) holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony (C) holding that biased on buckland we must reject valensias contention that the sentencing provisions of  841 create separate crimes (D) holding that under the crimes code conspiracy and the completed substantive offense are separate crimes (E) holding the crimes merge where the jury was not asked to determine whether two assaults occurredeventhough the evidence may have been sufficient to support separate crimes
answer:
recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so


question:
see also Gov’t Brief at 30. There is no reason to believe that national defense or national security will be adversely affected, since Waste Management — Washington will continue to provide solid waste collection and disposal services at Fairchild AFB until a new solicitation is issued and contract is awarded. See TR 5. 2. Bid And Proposal Expenses And Attorney’s Fees And Costs Blue Dot also has requested payment for bid and proposal expenses, including costs and attorney’s fees associated with this protest. See Pl. Compl. ¶¶ 5, 6 at 8. The Tucker Act states that the court may award monetary relief in post-award bid protests for “bid preparation and proposal costs.” 28 U.S.C. § 1491(b)(2); see also 28 U.S.C. § 1920; E.W. Bliss Co. v. United States, 77 F.3d 445, 447 (Fed.Cir.1996) (<HOLDING>). Therefore, Blue Dot may file an appropriate 
 Holding statements: (A) holding that city had implied contract with bidder to treat bidder fairly (B) holding that tucker act jurisdiction is founded on an implied contract to have the involved bids fairly  considered (C) holding that a denial of a bid protest without holding a hearing did not deprive a disappointed bidder of any property rights because there is no legitimate claim of entitlement to a government contract unless the contract actually is awarded (D) holding that tucker act jurisdiction is founded on an implied contract to have the involved bids fairly and honestly considered (E) holding that unsuccessful bidder is awarded its bid preparation costs because the government violated its implied contract to have the involved bids fairly and honestly considered 
answer:

holding that city had implied contract with bidder to treat bidder fairly