A circuit court’s dependency order “must state the facts upon which the finding is made.” In the Interest of T.S.; M.H.W. v. Dep’t of Health and Rehabilitative Serv’s, 557 So.2d 676, 677 (Fla. 2d DCA 1990). Failure to make the statutorily required findings of fact requires that the adjudication be vacated. See Williams v. Dep’t of Health and Rehabilitative Serv’s,Z568 So.2d 995, 996-97 (Fla. 5th DCA 1990); J.C.G. v. Dep’t of Children and Families, 780 So.2d 965, 967 (Fla. 5th DCA 2001). In the instant case, the trial court’s order fails to adequately state facts upon which the conclusion of abuse was made, or to state any facts to support the conclusion that the relationship between appellant and her child is unhealthy. The trial court’s order cannot be salvaged as one that tracked the factual allegations of the Amended Petition for Dependency. See Williams, 568 So.2d at 997; Castellanos v. Dep’t of Health and Rehabilitative Serv’s, 545 So.2d 455, 458 (Fla. 3d DCA 1989). The Order of Adjudication of Dependency is VACATED and the cause REMANDED for further proceedings.
M.S. v. Department of Children & Families827 So. 2d 1089 (Fla. 1st DCA 2002) · 1D02-35
- Court
- 1st DCA
- Decided
- 2002-10-14
- Case
- Dependency
- Appellant
- Mother
Reversed & remanded Dependency adjudication vacated and remanded because the order did not state the facts supporting its conclusions of abuse and an unhealthy relationship.
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Cited by 2 opinions
In this collection (2)
- A.F. v. Department of Children & Family Services 3D11-1784 · 3rd DCA 2012Reversed & remanded Dependency adjudication reversed because the order did not specify the facts supporting the finding as rule 8.332(a) and section 39.507(6) require.
- J.T. v. Department of Children & Families 1D10-4583 · 1st DCA 2010Reversed Dependency adjudications reversed: evidence was insufficient for one child and the order for the other lacked factual findings or a clear adjudication.
From CourtListener's citation data, every court it covers, which can miss citations (in short or unpublished orders especially).
Cites 3 opinions in this collection
Citations to cases outside the collection are linked in the opinion text itself.
- J.C.G. v. Department of Children & Families 5D00-1964 · 5th DCA 2001Abandonment-based dependency order vacated because it stated no factual findings; the evidence challenge and vagueness attack on the abandonment definition were rejected.
- In Interest of T.S. 2D88-03319 · 2nd DCA 1990
- Castellanos v. Department of Health & Rehabilitative Services 3D87-454 · 3rd DCA 1989