Dependency Law Finder

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

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H.S.S. v. Department of Children & Families3D20-0091

Court
3rd DCA
Decided
2020-05-13
Case
Dependency
Appellant
Father
County
Miami-Dade

Affirmed Dependency adjudication affirmed as to the father because competent substantial evidence showed actual abuse and neglect of the infant.

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

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 May 13, 2020.
          Not final until disposition of timely filed motion for rehearing.
                                ________________
                                No. 3D20-0091
                          Lower Tribunal No. 19-15242
                             ________________

                               H.S.S., the father,
                                     Appellant,
                                         vs.
              Department of Children and Families, et al.,
                                    Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge.
      Law Office of Amber B. Glasper, P.A., and Amber B. Glasper, for appellant.
      Karla Perkins, for appellee Department of Children and Families; Laura J. Lee (Tallahassee) and Thomasina F. Moore (Tallahassee), for appellee Guardian ad Litem Program.

Before LOGUE, SCALES, and LINDSEY, JJ.
      PER CURIAM.
      “[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.” L.C.R. v. Dep’t of Children & Families, 
207 So. 3d 339, 339
 (Fla. 3d DCA 2016) (alteration in original) (quoting J.C. v. Fla. Dep’t of Children & Family Servs., 
937 So. 2d 184, 186
 (Fla. 3d DCA 2006)). We affirm because the trial court applied the correct law and because competent substantial evidence supports the court’s findings of actual abuse and neglect—either one of which is sufficient to affirm. See T.R. v. Dep’t of Children & Families, 
864 So. 2d 1278, 1280
 (Fla. 5th DCA 2004) (“A finding of dependency is not a termination, but an opportunity to restore and hopefully repair a family heading in the wrong direction.”).
      Affirmed. 

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