Affirmed. We find no merit in the assertion that the trial court’s order did not state the facts upon which the finding of dependency is based. Section 39.507(5), Florida Statutes (2000), requires the court to enter an order briefly stating the facts upon which its finding is based. See Castellanos v. Department of Health and Rehab. Servs., 545 So.2d 455, 458 (Fla. 3d DCA 1989). The trial court here provided ample facts to support its finding of dependency as to both children. Additionally, any due process concerns were never raised before the trial court and are therefore barred. See Hill v. State, 549 So.2d 179, 182 (Fla.1989). Furthermore, the Department was properly allowed to amend its pleading to conform with the evidence.
R.G. v. Department of Children & Family Services792 So. 2d 1269 (Fla. 3d DCA 2001) · 3D01-366
- Court
- 3rd DCA
- Decided
- 2001-09-05
- Case
- Dependency
- Appellant
- Other
Affirmed Dependency affirmed: the order stated sufficient facts, due process claims were unpreserved, and amending the petition to conform to the evidence was proper.
- Issues
- Written findings & sufficiency of the order, Preservation & fundamental error, Right to be heard & hearing procedure
- Law cited
- § 39.507(5)
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Cited by 3 opinions
In this collection (3)
- H.C. v. Department of Children & Families 3D2025-2336 · 3rd DCA 2026Affirmed Termination affirmed because the mother's due process and missing-findings arguments were not raised below or preserved by rehearing motion, or were not briefed.
- J.G. v. Department of Children & Families 5D18-3917 · 5th DCA 2019Affirmed Termination for abandonment affirmed; the father's counsel, private adoption and single-parent termination arguments were unpreserved or meritless, and he did not challenge the evidence.
- G.M. v. Department of Children & Families 1D07-1301 · 1st DCA 2007Affirmed Long-term custody with the grandmother affirmed; placement with the non-offending father would endanger the child's emotional health given his refusal of family counseling.
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