Dependency Law Finder

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

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D.H.R. v. Department of Children & Families161 So. 3d 501 (Fla. 2d DCA 2014) · 2D13-4879

Court
2nd DCA
Decided
2014-08-01
Case
Dependency
Appellant
Mother
County
Pasco

Reversed Dependency adjudication as to the mother reversed as in the father's case: no competent evidence of abuse, and none that she caused the injury.

Issue
Dependency adjudication: sufficiency of evidence
Facts
Physical abuse or injury

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

Court's PDF On CourtListener
ALTENBERND, Judge.

D.H.R., the mother, appeals an order adjudicating A.W.J. dependent as to her based upon its findings that she physically abused her son and that she failed to protect her son thereby placing him at risk of “abuse, abandonment and/or neglect.” In the same order, the trial court also adjudicated the child dependent as to the father, and that case has been separately appealed by the father and reversed by this court. N.J. v. Dep’t of Children & Families, No. 2D13-4877, 2014 WL 3765949 (Fla. 2d DCA 2014). Because the trial court’s finding that the child was injured as a result of physical abuse was not supported by competent, substantial evidence, as explained in N.J., we likewise reverse the order adjudicating the child dependent as to the mother. Moreover, the Department did not introduce any evidence whatsoever that the mother had caused the child to sustain the injuries that led to this adjudication of dependency.

Reversed.

CASANUEVA and VILLANTI, JJ., Concur.

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