CM v. Department of Children and Families

6 So. 3d 728, 2009 Fla. App. LEXIS 3186, 2009 WL 996410

Opinion

PER CURIAM.

The father appeals an order adjudicating his 7 year old child dependent. Setting aside the evidence of the child’s presence during a domestic violence incident, which was minimal, the finding that the child suffered mental harm as a result of witnessing the domestic violence incident was not supported by competent substantial evidence. The only evidence of harm to the child came from the hearsay testimony from a child advocate. See B.C. v. Dep’t of Children & Families, 846 So.2d 1273 (Fla. 4th DCA 2003); K.V. v. Dep’t of Children & Family Servs., 939 So.2d 200 (Fla. 2d DCA 2006); K.B. v. Dep’t of Children & Family Servs., 937 So.2d 709 (Fla. 2d DCA 2006). We therefore reverse the adjudication of dependency.

GROSS, C.J., POLEN and FARMER, JJ., concur.