Dependency Law Finder

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

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K.H. v. Department of Children & Families892 So. 2d 1198 (Fla. 5th DCA 2005) · 5D04-2085

Court
5th DCA
Decided
2005-02-04
Case
Dependency
Appellant
Mother

Affirmed Dependency adjudication affirmed because substantial competent evidence showed a substantial risk of imminent abuse or neglect by the mother.

Issue
Dependency adjudication: sufficiency of evidence

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 determination by a trial court that a child is dependent is a mixed question of law and fact. See In re M.F., 770 So.2d 1189, 1192 (Fla.2000) (citing Banks v. State, 732 So.2d 1065, 1067 (Fla.1999)). A ruling determining that a child is dependent will be affirmed if the trial court applied the correct law, and the record reflects that the decision is supported by substantial competent evidence. See M.N. v. State, 826 So.2d 445 (Fla. 5th DCA 2002). In the present case there was substantial competent evidence adduced at the trial to establish that there was a substantial risk of imminent abuse or neglect by the mother, and the children were properly adjudged to be dependent as to her within the meaning and intent of Chapter 39, Florida Statutes (2004). ' In addition, the trial court applied the correct law.

AFFIRMED.

PLEUS, MONACO and TORPY, JJ., concur.

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