In the Interest of J.H.

District Court of Appeal of Florida

In the Interest of J.H.

535 So. 2d 669, 14 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 5678, 1988 WL 137222

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 1988

DocketNo. 88-1966

StatusPublished

Cited by2 cases

This text of 535 So. 2d 669 (In the Interest of J.H.) 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

In the Interest of J.H., 535 So. 2d 669, 14 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 5678, 1988 WL 137222 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

The appellant, the mother of J.H., challenges the juvenile court’s amended order adjudicating her child dependent and awarding temporary custody to the father. We reverse.

After the father contacted the appellee, Department of Health and Rehabilitative Services (HRS), regarding the welfare of the child, HRS filed a petition alleging that the mother had abused the child and caused him to live in a dangerous environment making him dependent under section 39.-01(9)(a), Florida Statutes (1985). The court combined the adjudicatory and disposition hearings and subsequently entered an order finding that the abuse and dangerous environment allegations were not proven and that both parents were fit and proper custodians. The court, however, also found that the child’s environment evidenced a lack of stability which was not in the best interest of the child. Consequently, the court adjudicated the child dependent and awarded temporary custody to the father. This timely appeal followed.

Chapter 39 of the Florida Statutes is the sole and exclusive means by which a court can declare a child dependent. State v. M.T.S., 408 So.2d 662 (Fla. 3d DCA 1981), review denied, 419 So.2d 1200 (Fla.1982). To adjudicate a child dependent, the court must find that the child has been abandoned, abused, or neglected by his parents or other custodians. § 39.01(9)(a). See also, § 39.01(1), (2), (27). As the mother contends and HRS concedes, the court did not find any of the foregoing contingencies and, therefore, it was error to adjudicate the child dependent. We, accordingly, reverse and remand for further proceedings consistent herewith.

REVERSED AND REMANDED.

SCHOONOVER, A.C.J., and FRANK and HALL, JJ., concur.

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

PER CURIAM.

The appellant, the mother of J.H., challenges the juvenile court’s amended order adjudicating her child dependent and awarding temporary custody to the father. We reverse.

After the father contacted the appellee, Department of Health and Rehabilitative Services (HRS), regarding the welfare of the child, HRS filed a petition alleging that the mother had abused the child and caused him to live in a dangerous environment making him dependent under section 39.-01(9)(a), Florida Statutes (1985). The court combined the adjudicatory and disposition hearings and subsequently entered an order finding that the abuse and dangerous environment allegations were not proven and that both parents were fit and proper custodians. The court, however, also found that the child’s environment evidenced a lack of stability which was not in the best interest of the child. Consequently, the court adjudicated the child dependent and awarded temporary custody to the father. This timely appeal followed.

Chapter 39 of the Florida Statutes is the sole and exclusive means by which a court can declare a child dependent. State v. M.T.S., 408 So.2d 662 (Fla. 3d DCA 1981), review denied, 419 So.2d 1200 (Fla.1982). To adjudicate a child dependent, the court must find that the child has been abandoned, abused, or neglected by his parents or other custodians. § 39.01(9)(a). See also, § 39.01(1), (2), (27). As the mother contends and HRS concedes, the court did not find any of the foregoing contingencies and, therefore, it was error to adjudicate the child dependent. We, accordingly, reverse and remand for further proceedings consistent herewith.

REVERSED AND REMANDED.

SCHOONOVER, A.C.J., and FRANK and HALL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

535 So. 2d 669, 14 Fla. L. Weekly 154, 1988 Fla. App. LEXIS 5678, 1988 WL 137222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-jh-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack