Dependency Law Finder

1. Mayer v. State 523 So. 2d 1171 · 2D87-1155 · 2nd DCA 1988

   This opinion cites § 39.408 10 times, the section generally

   · cited by 5 in all courts

   …by the Times of an article written by appellant containing information that she had obtained at a child custody hearing conducted pursuant to section 39.408, Florida Statutes (1985). Appellant appeared in the trial court at the time scheduled for the custody hearing. Counsel for the couple seeking custody of the…

2. White v. Department of Health & Rehabilitative Services 483 So. 2d 861 · 5D85-625 · 5th DCA 1986

   This opinion cites § 39.408 8 times, the section generally

   · cited by 16 in all courts

   …material to the issues in the permanent termination hearing. The parents' counsel's hearsay objections were overruled on the basis of a sentence in section 39.408(2), Florida Statutes (1983) (§ 39.408(3), Fla. Stat. (Supp. 1984)), that authorizes the court to review such reports in a dependency disposition hearing "even…

3. Department of Health & Rehabilitative Services v. Freeman 686 So. 2d 767 · DCA96-713 · District Court of Appeal 1997

   This opinion cites § 39.408 6 times, the section generally

   …the order. There is a statute which can be applied but it requires the report to be furnished to all parties at least forty-eight hours before the hearing. § 39.408(3)(c), Fla. Stat. (1995). A logical extension of this statute would mean the court, in addition to all parties, must be given the dispositional study report at…

4. Florida Pub. Co. v. Brooke 576 So. 2d 842 · 1D90-3459 · 1st DCA 1991

   This opinion cites § 39.408 5 times, the section generally

   · cited by 10 in all courts

   …merit to their claims, we grant the petition. I. INTRODUCTION A dependency proceeding involving E.B. is pending before the circuit court. Section 39.408(2)(c), Florida Statutes (1989) provides in pertinent part: All hearings, except as hereinafter provided, shall be open to the public, and no person shall be…

5. Hardy v. Dept. of HRS 568 So. 2d 1314 · 5D89-1735 · 5th DCA 1990

   This opinion cites § 39.408 3 times, the section generally

   · cited by 11 in all courts

   …655 (Fla. 1st DCA 1990). Neglect must be established by a preponderance of evidence. In the Interest of C.W., 490 So.2d 175 (Fla. 5th DCA 1986); § 39.408(2)(b), Fla. Stat. (1987). Because the inadequate weight gain occurred in the home in the custody of his parents and because his condition was potentially…

6. Fredrick v. Department of Health & Rehabilitative Services 523 So. 2d 1164 · 5D87-172 · 5th DCA 1988

   This opinion cites § 39.408 3 times, the section generally

   · cited by 10 in all courts

   …to prohibiting a combination of adjudicatory and dispositional hearings; however, we stress that the better practice is that these hearings not be combined. § 39.408(3)(d), Fla. Stat. (1985). In any event, virtually all of the information contained in the HRS reports was proved by other competent evidence. In Interest of…

7. Meredith v. Smith 515 So. 2d 1386 · DCA87-392 · District Court of Appeal 1987

   This opinion cites § 39.408 3 times, the section generally

   · cited by 2 in all courts

   …with the procedural mandates of Chapter 39, Florida Statutes, in several respects. In the present case, an arraignment hearing was required under section 39.408(l)(b), Florida Statutes (1985). No such hearing was held. Also, when a parent denies any of the allegations of dependency, the trial court is required to “hold an…

8. S.C. v. State 471 So. 2d 1326 · 1DBA-24 · 1st DCA 1985

   This opinion cites § 39.408 3 times, the section generally

   …a witness' observation of the parents' physical and emotional abuse of the child. On 11 April 1984, adjudicatory proceedings were held pursuant to Section 39.408(1), Florida Statutes (1983). A woman with whom the parents and S.C. had temporarily lived, Alice Newton, testified that she had seen the mother strike S.C. about…

9. In Interest of L.R.R. 455 So. 2d 598 · 5D83-1640 · 5th DCA 1984

   This opinion cites § 39.408 3 times, the section generally

   · cited by 3 in all courts

   …current living arrangement and her competency to be a parent. She also contends that the court was required to consider a predisposition report under section 39.408(2), Florida Statutes. *599 Russell is twenty-one years old and illiterate. In April, 1980, the children, then one and one-half and two and one-half years of…

10. Russell v. Department of Health & Rehabilitative Services 455 So. 2d 598 · DCA83-1640 · District Court of Appeal 1984

    This opinion cites § 39.408 3 times, the section generally

    · cited by 2 in all courts

    …current living arrangement and her competency to be a parent. She also contends that the court was required to consider a predisposition report under section 39.408(2), Florida Statutes. *599 Russell is twenty-one years old and illiterate. In April, 1980, the children, then one and one-half and two and one-half years of…

11. In re M.S. 455 So. 2d 557 · DCA84-1545 · District Court of Appeal 1984

    This opinion cites § 39.408 3 times, the section generally

    · cited by 2 in all courts

    …say that the child’s detention is wrongful. Yet it is equally clear that the parties have not been afforded an adjudicatory hearing as required by section 39.408, Florida Statutes (1983). The trial court’s characterization of the substitute judge’s order is simply not supported by the record. Therefore, in view of the…

12. A.Z. v. State 383 So. 2d 934 · 5DOO-215/T1-114 · 5th DCA 1980

    This opinion cites § 39.408 3 times, the section generally

    …safeguards set out in chapter 39, Florida Statutes (1979), are: (1) The rule of evidence used in civil cases is to be applied in adjudicatory hearings, § 39.408(1); (2) A preponderance of evidence is required to establish dependency, § 39.408(1); (3) A child or parent shall be informed of the right to counsel, §…

13. A.G. v. Department of Children & Families 846 So. 2d 622 · 4D01-3817 · 4th DCA 2003

    Reversed & remanded This opinion cites § 39.408 2 times, the section generally

    · cited by 1 in all courts

    On rehearing, the court receded from its law of the case: the 1994 order was not a noticed disposition order, so relief denial was reversed.

    …was more akin to supplying an "alternative pending disposition" as provided in Rule 8.335, than the "final" disposition contemplated in Rule 8.340 and section 39.408(3), Florida Statutes (1993). Section 39.408(4) further provides that the parent "shall be given reasonable notice of all hearings provided for under that…

14. Department of Children & Family Services v. Natural Parents of J.B. 736 So. 2d 111 · 4D98-2255 · 4th DCA 1999

    This opinion cites § 39.408 2 times, the section generally

    · cited by 6 in all courts

    …the hearings should be public. The trial court further noted that the legislature has now permitted some dependency proceedings to be public, see section 39.408(2)(c), and that such proceedings often precede TPR cases and "involve disclosure of much of the same information." The court concluded that open hearings in TPR…

15. In Interest of S.M.B. 597 So. 2d 848 · 1D91-2771 · 1st DCA 1992

    This opinion cites § 39.408 2 times, the section generally

    · cited by 5 in all courts

    …Therefore, in order to prove the allegations of its petitions, HRS (representing the state) was required to establish by the greater weight of the evidence [§ 39.408(2)(b), Fla. Stat. (Supp. 1990)] that (1) as the result of one or more willful acts by appellant, (2) the children suffered mental injury (3) that either caused or…

16. Brown v. Pate 577 So. 2d 645 · 1D91-371 · 1st DCA 1991

    This opinion cites § 39.408 2 times, the section generally

    · cited by 7 in all courts

    …due to the prejudice of the judge of that court against me. Judge Pate has opened this juvenile proceeding to members of the news media contrary to section 39.408(2)(c), Fla. Stat. *647 (1989). Having matters relating to visitation and custody of my daughters displayed on television and in the newspapers, is contrary to the…

17. Williams v. Department of Health & Rehabilitative Services 568 So. 2d 995 · 5D89-1822 · 5th DCA 1990

    This opinion cites § 39.408 2 times, the section generally

    · cited by 12 in all courts

    …remand both. On August 10, 1989, an "Order of the Court" was entered which appears to be an order resulting from a disposition hearing pursuant to section 39.408(3), Florida Statutes (1987). The one-page order deals mostly with prospective requirements, including an award of temporary care, custody, and control to the…

18. Florida Bar re Advisory Opinion HRS Nonlawyer Counselor 518 So. 2d 1270 · SC70615 · Florida Supreme Court 1988

    This opinion cites § 39.408 2 times, the section generally

    · cited by 9 in all courts

    … §§ 39.402(10); 39.404(3). An arraignment hearing must be held no more that 14 calendar days after the child is taken into custody. Fla.Stat. §§ 39.402(10); 39.408(l)(a). At the arraignment hearing, the parent or custodian must either admit, deny or consent to findings of dependency alleged in the petition. Id. If an…

19. In re Interest of McC. 490 So. 2d 1346 · DCA85-534 · District Court of Appeal 1986

    This opinion cites § 39.408 2 times, the section generally

    · cited by 1 in all courts

    …It is equally clear that courts are empowered to grant continuances in dependency proceedings. See Florida Rule of Juvenile Procedure 8.610(d) and section 39.408, Florida Statutes (Supp. 1984). Were there special circumstances that would mitigate against the granting of a continuance? We think not. The assistant…

20. In Interest of N.C. 479 So. 2d 200 · 1DBF-255 · 1st DCA 1985

    This opinion cites § 39.408 2 times, the section generally

    …Florida Statutes (1983), recognizes that chapter 39 juvenile proceedings must accord with constitutional standards of fundamental fairness. Section 39.408(3), Florida Statutes (1984 Supp.), provides that in a disposition hearing in dependency proceedings the court may consider a predisposition study and "other…

21. Monteiro v. State 477 So. 2d 45 · DCA85-692 · District Court of Appeal 1985

    This opinion cites § 39.408 2 times, the section generally

    · cited by 4 in all courts

    …in his or her parental role. Where One of the parents continues to deny the allegations in the dependency petition, an adjudicatory hearing must be held. § 39.408, Fla.Stat. (Supp.1984). The court failed to consider any evidence and, thus, made no findings of fact on the allegations against the mother. The trial court’s…

22. In Interest of S.J.T. 475 So. 2d 951 · 1DBD-375 · 1st DCA 1985

    This opinion cites § 39.408 2 times, the section generally

    · cited by 14 in all courts

    …allegations contained in the dependency petition, and the court could hardly have made a finding of dependency without relying upon it. Additionally, section 39.408(2)(b) requires that adjudicatory hearings be conducted by a judge without a jury, and that he shall apply "the rules of evidence in use in civil cases ... ."…

23. In Interest of A.D.J. 466 So. 2d 1156 · 1DAV-422 · 1st DCA 1985

    This opinion cites § 39.408 2 times, the section generally

    · cited by 18 in all courts

    …The record reflects that the trial judge was aware of appellant's several hearsay objections and gave no probative effect to the inadmissible hearsay. Section 39.408(2), Florida Statutes (1981), explicitly authorizes the court in a disposition hearing to "receive and consider a predisposition study" in written report form…

24. Interest of A.Z. v. State 383 So. 2d 934 · DCAOO-215/T1-114 · District Court of Appeal 1980

    This opinion cites § 39.408 2 times, the section generally

    · cited by 18 in all courts

    …evidence used in civil cases is to be applied in adjudicatory hearings, § 39.-408(1); (2) A preponderance of evidence is required to establish dependency, ! 39.408(1); (3) A child or parent shall be informed of the right to counsel, § 39.406; (4) The adjudicatory and disposition hearing are not to be held together…

25. J.Z. v. Department of Children & Family Services 106 So. 3d 976 · CL4988483 · District Court of Appeal 2013

    Affirmed in part, reversed in part This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    Evidence supported dependency, but the order was reversed for new findings because it parroted the petition; oral findings cannot cure a defective written order.

    …and [Department] representatives understand what the court found to be the reasons for dependency and to plan for remedial action. Furthermore, section 39.408(3) [now section 39.521(1) ] requires the court to review the order of adjudication to determine whether “the facts alleged in the petition for dependency were…

26. Department of Children & Families v. Y.C. 82 So. 3d 1139 · 3D11-1899 · 3rd DCA 2012

    Certiorari / writ granted This opinion cites § 39.408 1 time, the section generally

    · cited by 5 in all courts

    Certiorari granted; the order forcing DCF to provide a case plan was invalid because it rested on a mother's default on her own dependency petition.

    …parental role. Where one of the parents continues to deny the allegations in the dependency petition, an adjudicatory hearing must be held. § 39.408, Fla.Stat. (Supp.1984). See Fla. R. Juv. P. 8.315 ("If an admission or consent is entered and no denial is entered by any other parent or legal…

27. Monteiro v. Monteiro 55 So. 3d 686 · 3D10-1602 · 3rd DCA 2011

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …juvenile dependency cases, ‘[t]he child may be examined by the court outside the presence of other parties under circumstances as provided by law.’ Section 39.408(2)(c), Florida Statutes (1987), specifi *690 cally governs hearings in juvenile dependency cases and provides that '[t]he child and the parents…

28. D.W.G. v. Department of Children & Families 833 So. 2d 238 · 4D01-701 · 4th DCA 2002

    Affirmed This opinion cites § 39.408 1 time, the section generallyCited as § 39.408(2)(a) (1997 statutes), now § 39.507(1)(a)

    · cited by 7 in all courts

    Dependency adjudication affirmed: delays were acquiesced in, child hearsay was properly found reliable, and domestic violence heard by the children and sexual abuse supported dependency.

    …of 2000. After that, he moved to recuse two judges and his counsel sought to withdraw, further delaying the final hearing until January 2001. Although section 39.408(2)(a), Florida Statutes (1997), provides that "[t]he adjudicatory hearing shall be held as soon as practicable after the petition for dependency is filed," it also…

29. G.C. v. Department of Children & Families 791 So. 2d 17 · 5D99-2227 · 5th DCA 2001

    Affirmed in part, reversed in part This opinion cites § 39.408 1 time, the section generally

    · cited by 21 in all courts

    Dependency affirmed as to the father's sexual abuse but reversed on the mother's mental abuse; child testifying outside parents' presence and denied postponement upheld.

    …insufficient to support the finding that the mother mentally abused H.C. EXCLUSION OF THE PARENTS FROM THE HEARING AT WHICH H.C. TESTIFIED Section 39.408(c)(2), Florida Statutes (1997) and Florida Rule of Juvenile Procedure 8.255.(c) provide authority for the examination of children outside the presence of their…

30. J.C.G. v. Department of Children & Families 780 So. 2d 965 · 5D00-1964 · 5th DCA 2001

    Reversed & remanded This opinion cites § 39.408 1 time, the section generallyCited as § 39.408(3) (1997 statutes), now § 39.521(1)

    · cited by 13 in all courts

    Abandonment-based dependency order vacated because it stated no factual findings; the evidence challenge and vagueness attack on the abandonment definition were rejected.

    …counselors, and H.R.S. representatives understand what the court found to be the reasons for dependency and to plan for remedial action. Furthermore, section 39.408(3) requires the court to review the order of adjudication to determine whether "the facts alleged in the petition for dependency were proven in the adjudicatory…

31. Natural Parents of J.B. v. Department of Children & Family Services 780 So. 2d 6 · SC96171 · Florida Supreme Court 2001

    Other This opinion cites § 39.408 1 time, the section generallyCited as § 39.408(2)(c) (1997 statutes), now § 39.507(2)

    · cited by 8 in all courts

    Supreme Court answered certified question yes: the statute mandating closure of all termination hearings to the public is constitutional.

    …upon determining that the public interest or the welfare of the child is best served by so doing." § 39.507(2), Fla. Stat. (Supp.1998) (formerly section 39.408(2)(c)) (emphasis added). Dependency proceedings are the necessary predicate to TPR proceedings. However, section 39.809(4), Fla. Stat. (Supp.1998) (formerly section…

32. Mr v. Department of Children & Family Services 783 So. 2d 277 · 3D99-1268 · 3rd DCA 2001

    Affirmed This opinion cites § 39.408 1 time, the section generally

    · cited by 8 in all courts

    Dependency adjudication affirmed because medical and other evidence supported findings that the daughters were sexually abused and the parents failed to protect them.

    …a preponderance of the evidence that the child was abused and was likely to be neglected in the future, adjudication of dependency was proper); see also § 39.408, Fla.Stat. (1999). In so holding, we decline the dissent's implied invitation to reweigh the evidence presented below since that is the province of the…

33. Petersen v. Department of Children & Families 732 So. 2d 374 · 5D98-2257 · 5th DCA 1999

    This opinion cites § 39.408 1 time, the section generallyCited as § 39.408(2)(b) (1997 statutes), now § 39.507(1)(b)

    · cited by 2 in all courts

    …case with different standards of proof was prejudicial. In a dependency case, DCF is required to prove the elements by a preponderance of the evidence. § 39.408(2)(b), Fla. Stat. (1997). In a termination of parental rights case, however, it is required to prove the elements by clear and convincing evidence. § 39.467(1),…

34. R.A. v. Department of Children & Families 724 So. 2d 574 · 3D98-0713 · 3rd DCA 1998

    This opinion cites § 39.408 1 time, the section generally

    · cited by 5 in all courts

    …introduced the earlier dependency order into evidence. The dependency order states that it was entered based on a preponderance of the evidence. See id. § 39.408(2)(b). Since dependency was established by the lower preponderance-of-the-evidence standard, the father argues that for purposes of the termination proceeding, the…

35. M.F.G. v. Department of Children & Families 723 So. 2d 290 · 3D97-3539 · 3rd DCA 1998

    This opinion cites § 39.408 1 time, the section generallyCited as § 39.408(2)(b) (1997 statutes), now § 39.507(1)(b)

    · cited by 22 in all courts

    …were in jeopardy. In order to adjudicate the daughter dependent, the department had to prove neglect by a preponderance of the evidence. [2] *293 See § 39.408(2)(b), Florida Statutes (1997); Hardy v. Dep't of Health and Rehabilitative Servs., 568 So.2d 1314 (Fla. 5th DCA 1990). It succeeded in this endeavor. See…

36. W.R. v. Department of Children & Family Services 701 So. 2d 651 · DCA96-3572 · District Court of Appeal 1997

    This opinion cites § 39.408 1 time, the section generally

    …their father molested them. We find these unchallenged findings sufficient to support the trial court’s readjudication of the children as dependent. See § 39.408(2), Fla. Stat. (1995). We also reject appellants’ argument that the Department did not use reasonable efforts to reunify them with their children. The trial…

37. Department of Health & Rehabilitative Services v. M.B. 701 So. 2d 1155 · SC88840 · Florida Supreme Court 1997

    This opinion cites § 39.408 1 time, the section generally

    · cited by 25 in all courts

    … Green we also held that a discovery deposition could not be used as substantive evidence under the provisions of section 90.801(2)(a). [12] Section 39.408(2)(b), Florida Statutes (1993), provides in pertinent part that: Adjudicatory hearings shall be conducted by the judge without a jury, applying the rules of…

38. L.W. v. Department of Health & Rehabilitative Services 695 So. 2d 724 · DCA95-2932 · District Court of Appeal 1996

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …and an amended motion for immediate return of custody. The motion for emergency hearing alleged numerous violations of the time constraints of sections 39.402 and 39.408, Florida Statutes, and further alleged the violations were apparent on the face of the record. Among other things, the amended motion for immediate return of…

39. Lewis v. Dept. of Hlth. & Rehab. Services 670 So. 2d 1191 · 5D95-921 · 5th DCA 1996

    This opinion cites § 39.408 1 time, the section generally

    · cited by 11 in all courts

    …adjudication. Id. We note that King was a dependency case and that the standard for establishing dependency is preponderance of the evidence. § 39.408(2)(b), Fla.Stat. (1993). In a termination of parental rights case, on the other hand, the standard is clear and convincing evidence. § 39.467(1), Fla.Stat. (1993).…

40. Hroncich v. Department of Health & Rehabilitative Services 667 So. 2d 804 · 5D95-761 · 5th DCA 1996

    This opinion cites § 39.408 1 time, the section generally

    · cited by 6 in all courts

    …determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 39.052(3), in delinquency cases; s. 39.408(3), in dependency cases; s. 39.44(3), in child-in-need-of-services cases; or s. 39.469, in termination of parental rights cases. [4] HRS cites several cases…

41. Department of HRS v. P.H. 659 So. 2d 1375 · 1D94-2200 · 1st DCA 1995

    This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    …parental ties between parent and child. The parental neglect which will support a finding of dependency must be shown by a preponderance of the evidence. § 39.408(2)(b), Fla. Stat. (1993); Hardy v. Department of Health and Rehabilitative Services, 568 So.2d 1314, 1316 (Fla. 5th DCA 1990). On the other hand, in keeping…

42. C.K. v. Department of Health & Rehabilitative Services 651 So. 2d 746 · DCA94-1730 · District Court of Appeal 1995

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …the dependency hearing (i.e., preponderance of the evidence) is less than that required at the termination hearing (i.e., clear and convincing evidence). §§ 39.408(2)(b), 39.467(1), Fla.Stat. (1993); see also In the Interest of J.A.T., 590 So.2d 524 (Fla. 2d DCA 1991). . There is evidentiary support for the trial…

43. Gelrod v. Department of Health & Rehabilitative Services 648 So. 2d 862 · DCA94-1621 · District Court of Appeal 1995

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …“[pjroof of neglect sufficient to establish a state of dependency must be met by a preponderance of the evidence standard.” I.T., 532 So.2d at 1087 ; § 39.408(2)(b), Fla.Stat. (1993). After a review of the record, we find that there is a preponderance of the evidence to support the trial court’s finding that the mother…

44. Tele. v. Fla. Dept. H. 659 So. 2d 316 · 1D94-3376 · 1st DCA 1994

    This opinion cites § 39.408 1 time, the section generally

    … 491 U.S. at 537 , 109 S.Ct. at 2611 . We do not discount the importance of the state's interest in protecting the interests of these children. See §§ 39.408(2)(c) and 39.411(3), Fla. Stat. Here, the trial court made findings of the effect on the children of the involvement in the case of a state representative but the…

45. Jacksonville Television, Inc. v. Department of Health & Rehabilitative Services 659 So. 2d 316 · DCA94-3376 · District Court of Appeal 1994

    This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    … 491 U.S. at 537 , 109 S.Ct. at 2611 . We do not discount the importance of the state’s interest in protecting the interests of these children. See §§ 39.408(2)(c) and 39.411(3), Fla.Stat. Here, the trial court made findings of the effect on the children of the involvement in the case of a state representative but the…

46. In Interest of S.H. 642 So. 2d 809 · 2D93-03426 · 2nd DCA 1994

    This opinion cites § 39.408 1 time, the section generally

    · cited by 9 in all courts

    …described in that rule are unnecessary if, at arraignment, the parents enter an oral consent on the record under rule 8.315(a). We have examined section 39.408, Florida Statutes (1993), as well as former rule 8.730, which was amended in 1991. See In re Petition of The Florida Bar to Amend the Florida Rules of…

47. Anderson v. Department of Health & Rehabilitative Services 635 So. 2d 162 · DCA93-152 · District Court of Appeal 1994

    This opinion cites § 39.408 1 time, the section generally

    PER CURIAM. The Orders of Adjudication of Dependency and of Disposition are vacated and we remand for entry of the findings required by sections 39.408 and 39.41, Florida Statutes (1991). See, Williams v. Department of Health and Rehabilitative Services, 568 So.2d 995 (Fla. 5th DCA 1990). ORDERS…

48. In re A.P. 624 So. 2d 340 · DCA92-1490 · District Court of Appeal 1993

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    … In addition to directing that the arraignment hearing be held within fourteen days of the date on which a child is taken into custody by HRS, section 39.408(l)(a) also requires that, when a child is in the custody of HRS, an adjudicatory hearing be held within seven days of the date of the arraignment hearing.…

49. In re D.F. 602 So. 2d 970 · DCA91-3378 · District Court of Appeal 1992

    This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    …the disposition issue at the dependency hearing and placed the children accordingly, without the benefit of the predisposition study required by section 39.408(3), Florida Statutes. We therefore reverse that portion of the order which places the children with the mother and we remand this cause to the trial court to…

50. In Interest of J.A.T. 590 So. 2d 524 · 2D91-00246 · 2nd DCA 1991

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …and disposition of dependency were entered shows only that the state presented proof of neglect by a fair preponderance of the evidence as required by section 39.408(2)(b), Florida Statutes (Supp. 1990). Substantive due process, however, requires clear and convincing evidence to terminate parental rights. See Santosky, 455…

51. Mora v. Department of Health & Rehabilitative Services 590 So. 2d 524 · DCA91-00246 · District Court of Appeal 1991

    This opinion cites § 39.408 1 time, the section generally

    · cited by 2 in all courts

    …and disposition of dependency were entered shows only that the state presented proof of neglect by a fair preponderance of the evidence as required by section 39.408(2)(b), Florida Statutes (Supp.1990). Substantive due process, however, requires clear and convincing evidence to terminate parental rights. See Santosky, 455…

52. Dept. of Hlt. v. Zeigler 587 So. 2d 602 · 5D90-1351 · 5th DCA 1991

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …if the custody of the child has not theretofore been the subject of a valid petition, proceeding, and adjudication of dependency ( see sections 39.404, 39.405, 39.408 and 39.409, Florida Statutes) merely because HRS has failed to prove a petition for permanent termination of parental rights does not permit a trial court to…

53. Department of Health & Rehabilitative Services v. Zeigler 587 So. 2d 602 · DCA90-1351 · District Court of Appeal 1991

    This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    …if the custody of the child has not theretofore been the subject of a valid petition, proceeding, and adjudication of dependency (see sections 39.404, 39.405, 39.408 and 39.-409, Florida Statutes) merely because HRS has failed to prove a petition for permanent termination of parental rights does not permit a trial court to…

54. In Interest of D.J. 553 So. 2d 378 · 1D89-1520 · 1st DCA 1989

    This opinion cites § 39.408 1 time, the section generally

    · cited by 2 in all courts

    …be filed simultaneously with the petition for dependency under part III of this chapter but shall be filed prior to the dependency adjudicatory hearing in s. 39.408. (b) The state may petition under this subsection only under the following circumstances: 1. Abandonment of a child by the parent where the identity or…

55. C.C. v. Dept 556 So. 2d 416 · 1D89-1076 · 1st DCA 1989

    This opinion cites § 39.408 1 time, the section generally

    …her two-year-old child in the instant case, we must hold that the facts presented do not support a finding of dependency based upon abuse. Under Section 39.408(2)(b), Florida Statutes (1987), dependency must be established by a preponderance of the evidence. See In the Interest of G.D.H., 498 So.2d 676 (Fla. 1st…

56. In Interest of C.C. v. Department of Health & Rehabilitative Services 556 So. 2d 416 · DCA89-1076 · District Court of Appeal 1989

    This opinion cites § 39.408 1 time, the section generally

    · cited by 4 in all courts

    …her two-year-old child in the instant'case, we must hold that the facts presented do not support a finding of dependency based upon abuse. Under Section 39.408(2)(b), Florida Statutes (1987), dependency must be established by a preponderance of the evidence. See In the Interest of G.D.H., 498 So.2d 676 (Fla. 1st DCA…

57. Castellanos v. Department of Health & Rehabilitative Services 545 So. 2d 455 · 3D87-454 · 3rd DCA 1989

    This opinion cites § 39.408 1 time, the section generally

    · cited by 8 in all courts

    …juvenile dependency cases, "[t]he child may be examined by the court outside the presence of other parties under circumstances as provided by law." Section 39.408(2)(c), Florida Statutes (1987), specifically governs hearings in juvenile dependency *457 cases and provides that "[t]he child and the parents or legal custodians…

58. In Interest of W.P. 534 So. 2d 905 · 2D88-808 · 2nd DCA 1988

    This opinion cites § 39.408 1 time, the section generally

    · cited by 2 in all courts

    …service supervision by HRS. HRS is required to establish the status of dependency, as alleged in its petition, by the preponderance of the evidence. § 39.408(2)(b), Fla. Stat. (1985). We have examined the record and find insufficient evidence to establish that W.P.'s parents "abused" her, as that term is defined in…

59. I.T. v. Department of Health & Rehabilitative Services 532 So. 2d 1085 · 3D87-2082 · 3rd DCA 1988

    This opinion cites § 39.408 1 time, the section generally

    · cited by 20 in all courts

    …evidence standard. In the Interest of K.H., 527 So.2d 230 (Fla. 1st DCA 1988); In the Interest of L.T., 464 So.2d 201 *1088 (Fla. 5th DCA 1985); § 39.408(2)(b), Fla. Stat. (1985). Florida law requires that a trial court, in adjudicating a child dependent, "shall enter a written order specifying the facts upon which…

60. K.H. v. Department of Health & Rehabilitative Services 527 So. 2d 230 · 1D87-1509 · 1st DCA 1988

    This opinion cites § 39.408 1 time, the section generally

    · cited by 12 in all courts

    …see Section 39.41(1)(f)3.a., Florida Statutes, as opposed to the preponderance of evidence standard demanded for determining a child dependent. See Section 39.408(2)(b), Florida Statutes. The causal foundation for the child's condition in the present case has not been established *233 by clear and convincing evidence. When…

61. In re R.H. 516 So. 2d 324 · DCA87-820 · District Court of Appeal 1987

    This opinion cites § 39.408 1 time, the section generally

    · cited by 2 in all courts

    …hungry, or dirty to the extent that their physical, mental, or emotional health was significantly impaired or in danger of being significantly impaired. § 39.408(2)(b), Fla.Stat. (1985); see also, In the Interest of L.T., 464 So.2d 201 (Fla. 5th DCA 1985). The out of court statements by the children, who may or may not…

62. Glennon v. Department of Health & Rehabilitative Services 506 So. 2d 1131 · DCA86-1970 · District Court of Appeal 1987

    This opinion cites § 39.408 1 time, the section generally

    · cited by 3 in all courts

    …DCA 1982); Beasely v. State, 503 S.2d 1347 (Fla. 5th DCA 1987). The evidentiary standard in a dependency hearing is preponderance of the evidence. § 39.408(2)(b), Fla.Stat. (1985). We find substantial competent evidence in the record to support the trial court’s finding that C.G. is a dependent child. We have not…

63. In Interest of C.S. 503 So. 2d 417 · 1DBP-190 · 1st DCA 1987

    This opinion cites § 39.408 1 time, the section generally

    · cited by 13 in all courts

    …to support an adjudication of dependency. The testimony falls short of establishing neglect by a preponderance of the evidence. § 39.01(27), Fla. Stat.; § 39.408(2)(b), Fla. Stat. We are not unmindful of the difficult task faced by the circuit court in this case. The mother unquestionably evidenced over-protectiveness of…

64. In Interest of G.D.H. 498 So. 2d 676 · 1DBL-446 · 1st DCA 1986

    This opinion cites § 39.408 1 time, the section generally

    · cited by 22 in all courts

    …remain in the care of their maternal grandparents. The facts of this case do not support a finding of dependency based on abuse and neglect. Under section 39.408.(2)(b), Florida Statutes (1985), "[i]n a hearing on a petition in which it is alleged that the child is dependent, a preponderance of evidence will be…

65. Shane v. State 492 So. 2d 797 · DCA85-1929 · District Court of Appeal 1986

    This opinion cites § 39.408 1 time, the section generally

    · cited by 2 in all courts

    …of the date the child was taken into custody to allow the parents to admit, deny, or consent to the findings of dependency alleged in the petition therefor. § 39.408(l)(a), Fla.Stat. (1985). The hearing in this case was held seventeen days after appellant’s children were placed in emergency shelter care. Third, if a parent…

66. In Interest of C.W. 490 So. 2d 175 · 5D85-1641 · 5th DCA 1986

    This opinion cites § 39.408 1 time, the section generally

    · cited by 8 in all courts

    …the order of dependency and the disposition order entered herein are reversed. REVERSED. SHARP and COWART, JJ., concur. NOTES [1] Section § 39.408(2)(b), Fla. Stat. (1985); In Interest of L.T., 464 So.2d 201 (Fla. 5th DCA 1985).

67. J.H. v. State 480 So. 2d 680 · 1DBE-229 · 1st DCA 1985

    This opinion cites § 39.408 1 time, the section generally

    …light of the above errors, we find that appellee failed to establish the minor children's dependency by a preponderance of the evidence as required by section 39.408(1), Florida Statutes (1983) and that the errors committed during the adjudicatory hearing constituted a denial of due process. See A.Z. v. State, 383 So.2d…

68. In the Interest of S.C. v. State 471 So. 2d 1326 · DCABA-24 · District Court of Appeal 1985

    This opinion cites § 39.408 1 time, the section generally

    · cited by 5 in all courts

    …based on his delayed development. Following the hearing, the judge adjudicated S.C. dependent and set the disposition hearing, pursuant to Section 39.408(2), Florida Statutes (1983), for 22 May 1984. At that proceeding, both the Department of Health and Rehabilitative Services (HRS) and S.C.’s guardian ad litem …

69. Julian v. Lee 473 So. 2d 736 · 5D85-329 · 5th DCA 1985

    This opinion cites § 39.408 1 time, the section generally

    · cited by 4 in all courts

    …is filed, section 39.05(7), Florida Statutes (1983), no comparable provision has been adopted for dependency proceedings. See section 39.404 and section 39.408, Florida Statutes (1983). Section 39.40 provides that all procedures, including hearings, in dependency cases shall be according to the *739 Florida Rules…

70. In Interest of L.T. 464 So. 2d 201 · 5D84-1263 · 5th DCA 1985

    This opinion cites § 39.408 1 time, the section generally

    · cited by 22 in all courts

    …of parental rights. The standard of proof in an initial adjudication of dependency requires proof only by a preponderance of the evidence. See § 39.408(b), Fla. Stat. In permanent commitment proceedings the neglect, abuse or abandonment allegations must be established by stringent clear and convincing evidence…

71. In Interest of R.A.L. 440 So. 2d 473 · 5D82-1450 · 5th DCA 1983

    This opinion cites § 39.408 1 time, the section generally

    · cited by 6 in all courts

    …the child to the custody of the Department of Health and Rehabilitative Services without first considering the statutorily required predisposition report. § 39.408(2), Florida Statutes (1981). We reverse the disposition order and remand this case to the trial court to conduct a de novo disposition hearing after a current…

72. Department of Health & Rehabilitative Services v. Lancione 430 So. 2d 970 · DCA82-964 · District Court of Appeal 1983

    This opinion cites § 39.408 1 time, the section generally

    · cited by 1 in all courts

    …provides that all procedures in dependency cases shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law. Section 39.408(l)(a) provides that the adjudicatory hearing shall be held as soon as practicable after the petition for dependency is filed and in accordance with the Florida…

73. Fruh v. Department of Health & Rehabilitative Services 430 So. 2d 581 · 5D83-1 · 5th DCA 1983

    This opinion cites § 39.408 1 time, the section generally

    · cited by 14 in all courts

    …39, the juvenile judge is directed to apply the rules of evidence in use in civil cases during the adjudicatory (fact finding) phase of a dependency action. § 39.408(1)(b), Fla. Stat. (1981). This reference to the use of the civil rules further supports the use of rule 1.360 in this particular situation. Under rule 1.360, a…

74. A.T.P. v. State 427 So. 2d 355 · 5D82-389 · 5th DCA 1983

    This opinion cites § 39.408 1 time, the section generally

    …existed as to whether the absences were valid or not and this issue should have been resolved at a full-fledged adjudicatory hearing pursuant to section 39.408(1), Florida Statutes (1981). The trial court's failure to hold such a hearing and allow appellant an opportunity to obtain counsel prior thereto was error. We…

75. In the Interest of A.T.P. v. State 427 So. 2d 355 · DCA82-389 · District Court of Appeal 1983

    This opinion cites § 39.408 1 time, the section generally

    · cited by 9 in all courts

    …existed as to whether the absences were valid or not and this issue should have been resolved at a full-fledged adjudicatory hearing pursuant to section 39.408(1), Florida Statutes (1981). The trial court’s failure to hold such a hearing and allow appellant an opportunity to obtain counsel prior thereto was error. We…

76. Greenbaum v. In the Interest of D.G. 425 So. 2d 577 · DCAAK-448 · District Court of Appeal 1982

    This opinion cites § 39.408 1 time, the section generally

    … , 102 S.Ct. 1388 , 71 L.Ed.2d 599 (1982), appellants also allege that due process of law requires stricter standard of proof than that mandated by § 39.408(1)(b), Florida Statutes, and In the Interest of C.M.H., 413 So.2d 418 (Fla. 1st DCA 1982). However, this argument was not presented in the trial court and we…

77. In Interest of C.M.H. 413 So. 2d 418 · 1DAE-88 · 1st DCA 1982

    This opinion cites § 39.408 1 time, the section generally

    · cited by 22 in all courts

    …Court finds that it is manifestly to the best interest of the child to do so." What standard of proof does this require? The statutory language of Section 39.408(1)(b): "In a hearing on a petition in which it is alleged that the child is a dependent a preponderance of evidence will be required to establish the state of…

78. State v. M.T.S. 408 So. 2d 662 · 3D81-325 · 3rd DCA 1981

    This opinion cites § 39.408 1 time, the section generally

    …brain damage. When the child was only two weeks old, the State of Florida petitioned the circuit court to declare the child a dependent, pursuant to Sections 39.408 — 39.41, Florida Statutes (1979), alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those…

79. State v. M.T.S. 408 So. 2d 662 · DCA81-325 · District Court of Appeal 1981

    This opinion cites § 39.408 1 time, the section generally

    · cited by 4 in all courts

    …brain damage. When the child was only two weeks old, the State of Florida petitioned the circuit court to declare the child a dependent, pursuant to Sections 39.408 — 39.41, Florida Statutes (1979), alleging as a basis for the dependency adjudication that the child was: (a) abandoned; (b) abused; or (c) neglected as those…

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