Dependency Law Finder

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

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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.

Issues
Dependency adjudication: sufficiency of evidence, Evidence: hearsay
Facts
Domestic violence

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

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.

GROSS, C.J., POLEN and FARMER, JJ., concur.

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