D. M. v. Department of Children & Families

District Court of Appeal of Florida

D. M. v. Department of Children & Families

849 So. 2d 423, 2003 Fla. App. LEXIS 10368, 2003 WL 21554548

CourtDistrict Court of Appeal of Florida

DecidedJuly 11, 2003

DocketNo. 1D02-5276

StatusPublished

This text of 849 So. 2d 423 (D. M. v. Department of Children & 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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D. M. v. Department of Children & Families, 849 So. 2d 423, 2003 Fla. App. LEXIS 10368, 2003 WL 21554548 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Appellant argues that the trial court’s finding of acts constituting abandonment, abuse, and neglect, as defined in section 39.01, Florida Statutes (2002), was not supported by competent substantial evidence. We agree.

The record does not support the trial court’s finding that appellant neglected her children by (i) leaving them alone in the house, and (ii) because of her alleged substance abuse problems. See C.C. v. Department of Children and Family Services, 812 So.2d 520, 523 (Fla. 1st DCA 2002)(ruling that the “trial court must determine whether substance abuse will affect a parent’s ability to provide the care and support the children need in the future”); B.C. v. Department of Children and Families, 846 So.2d 1273, 2003 WL 21348582 (Fla. 4th DCA June 11, 2003)(holding that the record failed to support a finding of prospective abuse or neglect due to the father’s alcohol or drug use).

REVERSED and REMANDED.

WEBSTER, PADOVANO and POLSTON, JJ. concur.

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PER CURIAM.

Appellant argues that the trial court’s finding of acts constituting abandonment, abuse, and neglect, as defined in section 39.01, Florida Statutes (2002), was not supported by competent substantial evidence. We agree.

The record does not support the trial court’s finding that appellant neglected her children by (i) leaving them alone in the house, and (ii) because of her alleged substance abuse problems. See C.C. v. Department of Children and Family Services, 812 So.2d 520, 523 (Fla. 1st DCA 2002)(ruling that the “trial court must determine whether substance abuse will affect a parent’s ability to provide the care and support the children need in the future”); B.C. v. Department of Children and Families, 846 So.2d 1273, 2003 WL 21348582 (Fla. 4th DCA June 11, 2003)(holding that the record failed to support a finding of prospective abuse or neglect due to the father’s alcohol or drug use).

REVERSED and REMANDED.

WEBSTER, PADOVANO and POLSTON, JJ. concur.

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849 So. 2d 423, 2003 Fla. App. LEXIS 10368, 2003 WL 21554548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-m-v-department-of-children-families-fladistctapp-2003.

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