Dependency Law Finder

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

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W.R. v. Department of Children & Families3D20-0109

Court
3rd DCA
Decided
2020-06-17
Case
Dependency
Appellant
Father
County
Miami-Dade

Affirmed Adjudication of dependency as to the father affirmed; his incarceration, with other factors, can support abandonment and neglect findings.

Issue
Dependency adjudication: sufficiency of evidence
Facts
Parent's incarceration

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 June 17, 2020.
          Not final until disposition of timely filed motion for rehearing.
                                ________________
                                No. 3D20-0109
                          Lower Tribunal No. 17-15362
                             ________________

                               W.R., the father,
                                     Appellant,
                                         vs.
              Department of Children and Families, et al.,
                                    Appellees.

      An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge.
      Thomas Butler, P.A., and Thomas J. Butler, for appellant.
      University of Miami School of Law Children & Youth Law Clinic, and Robert Latham, for H.F., the Child; Law Offices of Joshua Spector, P.A., and Joshua Byrne Spector; Thomasina F. Moore and Sara Elizabeth Goldfarb (Tallahassee), for Guardian ad Litem Program; Karla F. Perkins, for the Department of Children and Families, for appellees. Before SALTER, SCALES and LINDSEY, JJ.
      PER CURIAM.
      Affirmed. See Y. P. v. Dep’t of Children & Family Servs., 
939 So. 2d 1118, 1119
 (Fla. 3d DCA 2006) (“We review an adjudication of dependency for an abuse of discretion, and will uphold the determination if the trial court applied the correct law and its ruling is supported by competent, substantial evidence.”); F.G. v. Dep’t of Children & Families, 
820 So. 2d 1027, 1030
 (Fla. 4th DCA 2002) (holding that incarceration of a father may be a factor, when considered with other factors in evidence, in determining abandonment and neglect of a child, warranting an adjudication of dependency). 

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