G.K., the Father v. Department of Children and Families

District Court of Appeal of Florida

G.K., the Father v. Department of Children and Families

186 So. 3d 1142, 2016 Fla. App. LEXIS 4526

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2016

Docket4D15-4787

StatusPublished

This text of 186 So. 3d 1142 (G.K., the Father v. Department of Children and 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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G.K., the Father v. Department of Children and Families, 186 So. 3d 1142, 2016 Fla. App. LEXIS 4526 (Fla. Ct. App. 2016).

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Opinion

Concession op Error

PER CURIAM.

Appellant challenges the trial court’s order adjudicating dependency. Based on the concession of error by the Department of Children and Families,- we agree there was no • competent substantial evidence that the children witnessed any incidents of domestic violence involving the parents, or that the children suffered any physical or emotional harm as a result of these incidents, or that the father posed a current threat to the safety of the children. C.W. v. Dep’t of Children & Families, 10 So.3d 136, 139 (Fla. 1st DCA 2009). The trial court also relied upon inadmissible hearsay evidence to support the order of dependency, and these errors were not harmless. See Special v. W. Boca Med. Ctr., 160 So.3d 1251, 1256 (Fla.2014). Accordingly, we reverse and remand the case to the trial court to vacate the adjudication of dependency and for further proceedings. J.R. v. Dep’t of Children & Families, 995 So.2d 611, 612 (Fla. 4th DCA 2008).

Reversed and Remanded.

DAMOORGIAN, LEVINE and KLINGENSMITH, JJ., concur.

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Concession op Error

PER CURIAM.

Appellant challenges the trial court’s order adjudicating dependency. Based on the concession of error by the Department of Children and Families,- we agree there was no • competent substantial evidence that the children witnessed any incidents of domestic violence involving the parents, or that the children suffered any physical or emotional harm as a result of these incidents, or that the father posed a current threat to the safety of the children. C.W. v. Dep’t of Children & Families, 10 So.3d 136, 139 (Fla. 1st DCA 2009). The trial court also relied upon inadmissible hearsay evidence to support the order of dependency, and these errors were not harmless. See Special v. W. Boca Med. Ctr., 160 So.3d 1251, 1256 (Fla.2014). Accordingly, we reverse and remand the case to the trial court to vacate the adjudication of dependency and for further proceedings. J.R. v. Dep’t of Children & Families, 995 So.2d 611, 612 (Fla. 4th DCA 2008).

Reversed and Remanded.

DAMOORGIAN, LEVINE and KLINGENSMITH, JJ., concur.

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Bluebook (online)

186 So. 3d 1142, 2016 Fla. App. LEXIS 4526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gk-the-father-v-department-of-children-and-families-fladistctapp-2016.

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