Dependency Law Finder

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

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L.C.R. v. Department of Children & Families207 So. 3d 339 (Fla. 3d DCA 2016) · 3D16-1647

Court
3rd DCA
Decided
2016-11-23
Case
Dependency
Appellant
Mother
County
Miami-Dade

Affirmed Dependency adjudication affirmed as supported by competent substantial evidence; dependency is an opportunity to help the family, not a termination.

Issue
Dependency adjudication: sufficiency of evidence
Law cited
§ 39.501(2)

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
       Third District Court of Appeal
                               State of Florida
                        Opinion filed November 23, 2016.
         Not final until disposition of timely filed motion for rehearing.
                               ________________
                               No. 3D16-1647
                         Lower Tribunal No. 16-15403
                             ________________
                            L.C.R., The Mother,
                                    Appellant,
                                        vs.
             Department of Children and Families, et al.,
                                    Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
      Eugene F. Zenobi, Criminal Conflict and Civil Regional, Third Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for appellant.
      Karla Perkins, for appellee Department of Children and Families; Laura J. Lee (Sanford), for appellee Guardian ad Litem Program.

Before SUAREZ, C.J., and EMAS and LOGUE, JJ.
      LOGUE, J.
      “[A] trial court’s determination of dependency is a mixed question of law and fact, which will be upheld on appeal if the trial court applied the correct law and its ruling is supported by competent substantial evidence.” J.C. v. Fla. Dep’t of Children & Family Servs., 
937 So. 2d 184, 186
 (Fla. 3d DCA 2006). Here, the trial court applied the correct law, finding the Minor dependent under section 39.501(2), Florida Statutes (2016), and there is competent substantial evidence to support the trial court’s finding of dependency. This is an extremely unfortunate situation. The Mother clearly wants to do right by the Minor. In this regard, we note, as the Guardian Ad Litem referenced in her brief, that a finding of dependency is not a termination, but an opportunity to restore and hopefully repair a family in need of assistance. T.R. v. Dep’t of Children & Families, 
864 So. 2d 1278, 1280
 (Fla. 5th DCA 2004).
      Affirmed. 

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