Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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A.B. v. Department of Children & Family Services19 So. 3d 450 (Fla. 2d DCA 2009) · 2D08-6148

Court
2nd DCA
Decided
2009-10-28
Case
Dependency
Appellant
Father

Reversed & remanded Dependency adjudication based on prospective harm reversed on DCF's concession that the evidence was insufficient; remanded to reassess placement with the father.

Issue
Dependency adjudication: sufficiency of evidence

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
*451 PER CURIAM.

A.B. (the Father) challenges the trial court’s order adjudicating his child, S.B., to be dependent as to him based on the imminent risk of prospective abuse or neglect. 1 See § 39.01(15)(f), Fla. Stat. (2008). The Department of Children and Family Services properly concedes error based on the insufficiency of the evidence presented at trial to support an adjudication of dependency based on prospective abuse or neglect of the child. See R.V. v. Dep’t of Children & Family Servs., 939 So.2d 200 (Fla. 2d DCA 2006); C.W. v. Dep’t of Children & Families, 10 So.3d 136 (Fla. 1st DCA 2009). Accordingly, we reverse the dependency order and remand this case to the circuit court to determine the current appropriateness of the placement of S.B. with the Father and for such other proceedings as may be appropriate.

Reversed and remanded with instructions.

WALLACE, LaROSE, and KHOUZAM, JJ., Concur.
1

. S.B.'s mother also appealed the circuit court's order adjudicating the child dependent as to her; however, her appeal was dismissed for lack of prosecution.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.