In the Interest of S.J.

District Court of Appeal of Florida

In the Interest of S.J.

600 So. 2d 1296, 1992 Fla. App. LEXIS 6796, 1992 WL 140981

CourtDistrict Court of Appeal of Florida

DecidedJune 25, 1992

DocketNo. 92-205

StatusPublished

This text of 600 So. 2d 1296 (In the Interest of S.J.) 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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In the Interest of S.J., 600 So. 2d 1296, 1992 Fla. App. LEXIS 6796, 1992 WL 140981 (Fla. Ct. App. 1992).

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Opinion

SMITH, Judge.

Appellant, a mother whose two children were adjudicated dependent, appeals, contending that dependency was not proven by a preponderance of the evidence. We agree.

While there was evidence that the mother left her children with a non-relative for a period, the children suffered no physical, mental or emotional impairment as a result of their brief stay with the mother’s friend, and in fact, witnesses testified that the children were happy and doing fine when HRS detained them. While there is evidence the mother used drugs in the past, there is insufficient evidence that she presently uses drugs or that she will use drugs in the future. Accordingly, there is insufficient evidence to support the trial court’s finding of neglect and adjudication of dependency. In the Interest of R.H., 516 So.2d 324 (Fla. 2d DCA 1987); In the Interest of G.D.H., 498 So.2d 676 (Fla. 1st DCA 1986); and In the Interest of C.W., 490 So.2d 175 (Fla. 5th DCA 1986).

REVERSED and REMANDED for further proceedings consistent with this opinion.

ERVIN and KAHN, JJ., concur.'

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SMITH, Judge.

Appellant, a mother whose two children were adjudicated dependent, appeals, contending that dependency was not proven by a preponderance of the evidence. We agree.

While there was evidence that the mother left her children with a non-relative for a period, the children suffered no physical, mental or emotional impairment as a result of their brief stay with the mother’s friend, and in fact, witnesses testified that the children were happy and doing fine when HRS detained them. While there is evidence the mother used drugs in the past, there is insufficient evidence that she presently uses drugs or that she will use drugs in the future. Accordingly, there is insufficient evidence to support the trial court’s finding of neglect and adjudication of dependency. In the Interest of R.H., 516 So.2d 324 (Fla. 2d DCA 1987); In the Interest of G.D.H., 498 So.2d 676 (Fla. 1st DCA 1986); and In the Interest of C.W., 490 So.2d 175 (Fla. 5th DCA 1986).

REVERSED and REMANDED for further proceedings consistent with this opinion.

ERVIN and KAHN, JJ., concur.'

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600 So. 2d 1296, 1992 Fla. App. LEXIS 6796, 1992 WL 140981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-sj-fladistctapp-1992.

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