Dependency Law Finder

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

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G.K. v. Department of Children & Families186 So. 3d 1142 (Fla. 4th DCA 2016) · 4D15-4787

Court
4th DCA
Decided
2016-03-23
Case
Dependency
Appellant
Father
County
St. Lucie

Reversed & remanded On DCF's concession, dependency adjudication reversed for lack of evidence the children were harmed by domestic violence and because inadmissible hearsay was not harmless.

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

Concession op Error

PER CURIAM.

Appellant challenges the trial court’s order adjudicating dependency. Based on the concession of error by the Department of Children and Families,- we agree there was no • competent substantial evidence that the children witnessed any incidents of domestic violence involving the parents, or that the children suffered any physical or emotional harm as a result of these incidents, or that the father posed a current threat to the safety of the children. C.W. v. Dep’t of Children & Families, 10 So.3d 136, 139 (Fla. 1st DCA 2009). The trial court also relied upon inadmissible hearsay evidence to support the order of dependency, and these errors were not harmless. See Special v. W. Boca Med. Ctr., 160 So.3d 1251, 1256 (Fla.2014). Accordingly, we reverse and remand the case to the trial court to vacate the adjudication of dependency and for further proceedings. J.R. v. Dep’t of Children & Families, 995 So.2d 611, 612 (Fla. 4th DCA 2008).

Reversed and Remanded.

DAMOORGIAN, LEVINE and KLINGENSMITH, JJ., concur.

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