AR v. Department of Children and Family Services

21 So. 3d 162, 2009 Fla. App. LEXIS 16824, 2009 WL 3763154
CourtDistrict Court of Appeal of Florida
DecidedNovember 12, 2009
Docket3D09-2264
StatusPublished

This text of 21 So. 3d 162 (AR v. Department of Children and Family Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AR v. Department of Children and Family Services, 21 So. 3d 162, 2009 Fla. App. LEXIS 16824, 2009 WL 3763154 (Fla. Ct. App. 2009).

Opinion

CONFESSION OF ERROR

PER CURIAM.

The Father, A.R., appeals from an Order of Adjudication. For the following reasons, this Court vacates the Order of Adjudication and remands the case for further proceedings.

The Florida Department of Children and Family Services (the “Department”) properly concedes that the evidence adduced at trial does not support the trial court’s findings of dependency as to the Father. Indeed, while the Father was found to be at “medium risk” based on an Adult-Adolescent Parenting Inventory Test, the Department concedes that the test administered was invalid as the child, A.R. Jr., is an infant. Moreover, the case manager’s testimony regarding the Father’s lack of parenting skills based on his ability to diaper the infant and correctly position the infant’s head is also insufficient to support the trial court’s finding of dependency.

Accordingly, we reverse the trial court’s Order of Adjudication, and remand for further proceedings.

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Related

VOLEK v. State
21 So. 3d 162 (District Court of Appeal of Florida, 2009)

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Bluebook (online)
21 So. 3d 162, 2009 Fla. App. LEXIS 16824, 2009 WL 3763154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ar-v-department-of-children-and-family-services-fladistctapp-2009.