Department of Children & Families v. B.G., a Child

District Court of Appeal of Florida

Department of Children & Families v. B.G., a Child

192 So. 3d 1256, 2016 WL 3186522, 2016 Fla. App. LEXIS 8838

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 2016

Docket4D15-4793

StatusPublished

This text of 192 So. 3d 1256 (Department of Children & Families v. B.G., a Child) 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

Department of Children & Families v. B.G., a Child, 192 So. 3d 1256, 2016 WL 3186522, 2016 Fla. App. LEXIS 8838 (Fla. Ct. App. 2016).

Pincite

Opinion

*1257 PER CURIAM.

We reverse the dismissal of the dependency petition. Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). Abuse can result from a willful act resulting in “harm,” and “harm” can now be established by a positive drug test at birth. § 39.01(30)(g)(1).

Reversed and remanded.

GROSS, FORST and KLINGENSMITH, JJ., concur.

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*1257 PER CURIAM.

We reverse the dismissal of the dependency petition. Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). Abuse can result from a willful act resulting in “harm,” and “harm” can now be established by a positive drug test at birth. § 39.01(30)(g)(1).

Reversed and remanded.

GROSS, FORST and KLINGENSMITH, JJ., concur.

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Bluebook (online)

192 So. 3d 1256, 2016 WL 3186522, 2016 Fla. App. LEXIS 8838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-children-families-v-bg-a-child-fladistctapp-2016.