Dependency Law Finder

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

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B.L. v. Department of Children & Families174 So. 3d 1125 (Fla. 4th DCA 2015) · 4D15-1518

Court
4th DCA
Decided
2015-09-30
Case
Dependency
Appellant
Father
County
St. Lucie

Reversed Dependency adjudication against the father reversed because the domestic violence evidence was entirely inadmissible hearsay from the mother's statements to officers.

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.

Court's PDF On CourtListener
PER CURIAM.

The father appeals from the circuit court’s order finding that he contributed to the dependency of his two children based on two alleged domestic violence incidents towards the mother on December 24, 2013, and April 8, 2014. The father argues that the dependency adjudication against him was not supported by competent, substantial evidence of present or prospective abuse, primarily because the • evidence against him consisted entirely of hearsay without an applicable exception, that is, the mother’s statements as conveyed through the investigating officers. We agree with the father’s argument. See W.S. v. Dep’t of Children & Families, 41 So.3d 433, 434 (Fla. 1st DCA 2010) (“Where an adjudication of dependency is based entirely on inadmissible hearsay, or where the trial court relies heavily on inadmissible hearsay, it must be reversed.”). Thus, we reverse the dependency adjudication as to the father.

Reversed.

DAMOORGIAN, GERBER and CONNER, JJ., concur.

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