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

District Court of Appeal of Florida·Decided June 8, 2016·No. 4D15-4793·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

*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.

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

192 So. 3d 1256 (Department of Children & Families v. B.G., a Child) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.