Herrera v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Herrera v. Department of Health & Rehabilitative Services

631 So. 2d 385, 1994 Fla. App. LEXIS 1005, 1994 WL 45353

CourtDistrict Court of Appeal of Florida

DecidedFebruary 15, 1994

DocketNo. 93-1604

StatusPublished

Cited by2 cases

This text of 631 So. 2d 385 (Herrera 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.

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Herrera v. Department of Health & Rehabilitative Services, 631 So. 2d 385, 1994 Fla. App. LEXIS 1005, 1994 WL 45353 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

In the instant appeal of an adjudication of dependency, evidence that the mother and father engaged in physical altercation in the presence of the children and that the mother had a severe substance abuse problem and used marijuana in front of at least one of the children constitutes competent and substantial evidence of behavior likely to cause the children’s physical, mental, or emotional health to be significantly impaired. The oldest child’s report of the substance abuse to the local police department and his expression of suicidal ideations further support the instant adjudication. See Castellanos v. Department of HRS, 545 So.2d 455 (Fla. 3d DCA 1989); see also Padgett v. Department of HRS, 577 So.2d 565, 571 (Fla.1991); § 39.01(10) Fla.Stat. (1993). Accordingly, the order under review is affirmed.

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PER CURIAM.

In the instant appeal of an adjudication of dependency, evidence that the mother and father engaged in physical altercation in the presence of the children and that the mother had a severe substance abuse problem and used marijuana in front of at least one of the children constitutes competent and substantial evidence of behavior likely to cause the children’s physical, mental, or emotional health to be significantly impaired. The oldest child’s report of the substance abuse to the local police department and his expression of suicidal ideations further support the instant adjudication. See Castellanos v. Department of HRS, 545 So.2d 455 (Fla. 3d DCA 1989); see also Padgett v. Department of HRS, 577 So.2d 565, 571 (Fla.1991); § 39.01(10) Fla.Stat. (1993). Accordingly, the order under review is affirmed.

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631 So. 2d 385, 1994 Fla. App. LEXIS 1005, 1994 WL 45353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-v-department-of-health-rehabilitative-services-fladistctapp-1994.

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