The father appeals an order adjudicating his 7 year old child dependent. Setting aside the evidence of the child’s presence during a domestic violence incident, which was minimal, the finding that the child suffered mental harm as a result of witnessing the domestic violence incident was not supported by competent substantial evidence. The only evidence of harm to the child came from the hearsay testimony from a child advocate. See B.C. v. Dep’t of Children & Families, 846 So.2d 1273 (Fla. 4th DCA 2003); K.V. v. Dep’t of Children & Family Servs., 939 So.2d 200 (Fla. 2d DCA 2006); K.B. v. Dep’t of Children & Family Servs., 937 So.2d 709 (Fla. 2d DCA 2006). We therefore reverse the adjudication of dependency.
CM v. Department of Children & Families6 So. 3d 728 (Fla. 4th DCA 2009) · 4D08-3929
- Court
- 4th DCA
- Decided
- 2009-04-15
- Case
- Dependency
- Appellant
- Father
Reversed Dependency adjudication reversed because the only evidence that the child was mentally harmed by witnessing domestic violence was hearsay from a child advocate.
- Facts
- Domestic violence
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Cited by 2 opinions
In this collection (1)
- In re J.D. 2D10-1717 · 2nd DCA 2010Reversed Dependency adjudication reversed because the order lacked findings and evidence of the father's domestic violence was speculative, with no showing it affected the child.
Elsewhere (1, on CourtListener)
From CourtListener's citation data, every court it covers, which can miss citations (in short or unpublished orders especially).
Cites 3 opinions in this collection
Citations to cases outside the collection are linked in the opinion text itself.
- In Interest of K.V. 2D06-533 · 2nd DCA 2006Dependency reversed because nothing showed the child knew of the alleged violence against the grandmother, was injured, or faced a current threat from the father.
- In re K.B. 2D05-4612 · 2nd DCA 2006Dependency reversed: one domestic violence incident witnessed by the children, with the parents now separated and no later incidents, showed no present threat of harm.
- B.C. v. Department of Children & Families 4D02-3949 · 4th DCA 2003Dependency reversed: domestic violence in the child's presence was too remote, and no evidence showed harm or imminent prospective harm from the father's substance use.