CM v. Department of Children and Families

District Court of Appeal of Florida

CM v. Department of Children and Families

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

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 2009

Docket4D08-3929

StatusPublished

Cited by3 cases

This text of 6 So. 3d 728 (CM v. Department of Children and Families) 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.

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CM v. Department of Children and Families, 6 So. 3d 728, 2009 Fla. App. LEXIS 3186, 2009 WL 996410 (Fla. Ct. App. 2009).

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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.

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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.

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6 So. 3d 728, 2009 Fla. App. LEXIS 3186, 2009 WL 996410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cm-v-department-of-children-and-families-fladistctapp-2009.

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