Dependency Law Finder

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

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

Department of Children & Families v. B.G.192 So. 3d 1256 (Fla. 4th DCA 2016) · 4D15-4793

Court
4th DCA
Decided
2016-06-08
Case
Dependency
Appellant
DCF
County
Broward

Reversed & remanded Dismissal of dependency petition reversed because a positive drug test at birth constitutes harm and states a prima facie case of dependency.

Issue
Dependency adjudication: sufficiency of evidence
Facts
Drug-exposed newborn, Parent's substance abuse
Law cited
§ 39.01(2), (15)(f), (30)(g), (30)(g)1. (now § 39.01(37)(g), § 39.01(37)(g)1.)

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
*1257 PER CURIAM.

We reverse the dismissal of the dependency petition. Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). Abuse can result from a willful act resulting in “harm,” and “harm” can now be established by a positive drug test at birth. § 39.01(30)(g)(1).

Reversed and remanded.

GROSS, FORST and KLINGENSMITH, JJ., concur.

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