Gelrod v. Department of Health & Rehabilitative Services
This text of 648 So. 2d 862 (Gelrod v. Department of Health & Rehabilitative Services) 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.
Opinion
The mother, Samantha Gelrod, appeals from an amended final order adjudicating her son, J.A., dependent. We affirm.
The mother contends that the evidence of neglect is legally insufficient to support an adjudication of dependency in accordance with section 39.01(37), Florida Statutes (1993). We disagree.
“An adjudication of dependency must be based upon a showing of abuse, abandonment, or neglect.” I.T. v. Department of Health and Rehabilitative Servs., 532 So.2d 1085, 1087 (Fla. 3d DCA 1988); § 39.01(10)(a), Fla. Stat. (1993). Additionally, “[pjroof of neglect sufficient to establish a state of dependency must be met by a preponderance of the evidence standard.” I.T., 532 So.2d at 1087; § 39.408(2)(b), Fla.Stat. (1993).
After a review of the record, we find that there is a preponderance of the evidence to support the trial court’s finding that the mother neglected her child. Therefore, the [863]*863trial court properly adjudicated J.A. dependent.
Accordingly, we affirm.
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Cite This Page — Counsel Stack
648 So. 2d 862, 1995 Fla. App. LEXIS 600, 1995 WL 36176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelrod-v-department-of-health-rehabilitative-services-fladistctapp-1995.