D.H.R. v. Department of Children & Families

District Court of Appeal of Florida

D.H.R. v. Department of Children & Families

161 So. 3d 501, 2014 WL 3765694

CourtDistrict Court of Appeal of Florida

DecidedAugust 1, 2014

Docket2D13-4879

StatusPublished

This text of 161 So. 3d 501 (D.H.R. 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.

Bluebook

D.H.R. v. Department of Children & Families, 161 So. 3d 501, 2014 WL 3765694 (Fla. Ct. App. 2014).

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Opinion

ALTENBERND, Judge.

D.H.R., the mother, appeals an order adjudicating A.W.J. dependent as to her based upon its findings that she physically abused her son and that she failed to protect her son thereby placing him at risk of “abuse, abandonment and/or neglect.” In the same order, the trial court also adjudicated the child dependent as to the father, and that case has been separately appealed by the father and reversed by this court. N.J. v. Dep’t of Children & Families, No. 2D13-4877, 2014 WL 3765949 (Fla. 2d DCA 2014). Because the trial court’s finding that the child was injured as a result of physical abuse was not supported by competent, substantial evidence, as explained in N.J., we likewise reverse the order adjudicating the child dependent as to the mother. Moreover, the Department did not introduce any evidence whatsoever that the mother had caused the child to sustain the injuries that led to this adjudication of dependency.

Reversed.

CASANUEVA and VILLANTI, JJ., Concur.

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ALTENBERND, Judge.

D.H.R., the mother, appeals an order adjudicating A.W.J. dependent as to her based upon its findings that she physically abused her son and that she failed to protect her son thereby placing him at risk of “abuse, abandonment and/or neglect.” In the same order, the trial court also adjudicated the child dependent as to the father, and that case has been separately appealed by the father and reversed by this court. N.J. v. Dep’t of Children & Families, No. 2D13-4877, 2014 WL 3765949 (Fla. 2d DCA 2014). Because the trial court’s finding that the child was injured as a result of physical abuse was not supported by competent, substantial evidence, as explained in N.J., we likewise reverse the order adjudicating the child dependent as to the mother. Moreover, the Department did not introduce any evidence whatsoever that the mother had caused the child to sustain the injuries that led to this adjudication of dependency.

Reversed.

CASANUEVA and VILLANTI, JJ., Concur.

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Bluebook (online)

161 So. 3d 501, 2014 WL 3765694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dhr-v-department-of-children-families-fladistctapp-2014.

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