RS v. Department of Children and Families

881 So. 2d 1130, 2004 Fla. App. LEXIS 9979, 2004 WL 1496891
CourtDistrict Court of Appeal of Florida
DecidedJuly 7, 2004
Docket4D03-4407
StatusPublished
Cited by17 cases

This text of 881 So. 2d 1130 (RS 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.

Bluebook
RS v. Department of Children and Families, 881 So. 2d 1130, 2004 Fla. App. LEXIS 9979, 2004 WL 1496891 (Fla. Ct. App. 2004).

Opinion

881 So.2d 1130 (2004)

R.S., the father, Appellant,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 4D03-4407.

District Court of Appeal of Florida, Fourth District.

July 7, 2004.
Rehearing Denied August 16, 2004.

*1131 Kristine M. Johnson, Weston, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey Bassett, Assistant Attorney General, Fort Lauderdale, for appellee.

TAYLOR, J.

The father, R.S., seeks reversal of an order adjudicating his minor children dependent soon after his parental rights were restored on appeal. Because the evidence presented was insufficient to support the trial court's finding of dependency, we reverse.

In December 2001, the trial court terminated both parents' parental rights to their four minor children pursuant to a petition filed by the Department of Children and Families (DCF). The petition alleged the mother's physical abuse of one of the children, D.S., and the father's failure to protect D.S. and his siblings from such abuse. The father appealed.

On December 18, 2002, we reversed the trial court's termination of the father's parental rights, concluding that there was no evidence that the father took part in, or was even aware of, the abuse of D.S. See R.S. v. Dep't of Children and Families, 831 So.2d 1275 (Fla. 4th DCA 2002).

Soon thereafter, DCF petitioned for an order adjudicating the minor children dependent as to the father and sought a "no contact" order. The petition, filed on January 6, 2003, alleged that the father neglected the minor children and that they were at substantial risk of imminent threat of harm or imminent neglect if returned to the father. More specifically, DCF alleged three grounds for dependency: (1) that the father lacked parenting skills;[1] (2) that he failed to communicate with DCF concerning the children and provide support for them after appealing the termination of his *1132 parental rights, and (3) that he had ongoing substance abuse issues. DCF later amended the petition to include allegations of anger management and domestic violence issues, after discovering that three domestic violence injunctions had previously been filed against the father.

Following an adjudicatory hearing that ended on July 23, 2003, the trial court entered an order adjudicating the minor children dependent on October 12, 2003, nunc pro tunc to July 23, 2003. The court determined that there was clear and convincing evidence that the children's physical, mental, and emotional health are in danger of being significantly impaired based on the father's dismal parenting skills, his lack of attachment to the children prior to termination, his anger management/domestic abuse issues, and his substance abuse problems. The father appealed, arguing that DCF failed to present sufficient evidence to support the dependency adjudication.

As the supreme court observed in In the Interest of M.F. and M.F. and R.F. v. Florida Department of Children and Families, 770 So.2d 1189, 1192 (Fla.2000):

A court's final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling is supported by competent substantial evidence in the record. Competent substantial evidence is tantamount to legally sufficient evidence.

While a trial court's discretion in child welfare proceedings is very broad, reversal is required where the evidence is legally insufficient to sustain the findings of the trial court. See D.H. v. Dep't of Children and Families, 769 So.2d 424 (Fla. 4th DCA 2000)(holding that evidence did not support adjudication of dependency based upon the probability of prospective abuse of child).

In this case, the trial court adjudicated the minor children dependent upon two theories advanced by DCF: (1) actual neglect by the father and (2) the probability of prospective harm or neglect by the father. Under Chapter 39 of the Florida Statutes, the trial court may find a child to be "dependent" if the court determines by a preponderance of the evidence that the child has been "abandoned, abused, or neglected by the child's parent or parents or legal custodians." § 39.01(14)(a), Fla. Stat. (2003). The court may also find a child to be dependent where the court finds the child "to be at substantial risk of imminent abuse, abandonment, or neglect by the parents...." § 39.01(14)(f), Fla. Stat. (2003).

Section 39.01(45) states that "neglect" occurs:

when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person....

Section 39.01(30) states that "harm" to a child's health or welfare can occur when any person:

inflicts or allows to be inflicted upon the child physical, mental, or emotional injury....

In this case, no evidence was presented that the father had actually harmed, neglected, abused, or abandoned any of his four children, or that he had allowed them to suffer any harm or abuse. *1133 In fact, from the time DCF removed the children from their home in December 1999 until the dependency hearing in July 2003, the father was not allowed contact with the children.[2] Rather, the trial court grounded its dependency order on its finding of the probability of prospective harm or neglect. The court determined that the children would be at a significant risk of harm and neglect if they were reunited with their father, because of the father's poor parenting skills, lack of attachment to the children, and substance abuse and anger management issues. In this appeal, we consider whether the evidence was legally sufficient for an adjudication of dependency.

The record reveals, and DCF concedes, that, evidence of the father's lack of parenting skills came mostly from the father's own admissions during termination of parental rights proceedings held on August 13, 2001. At that time, he candidly acknowledged his shortcomings in caring for and interacting with his children during their infancy. Later, at the dependency hearing, he clarified that he did have some interaction with the children before they were removed, but that the mother was the primary care giver. In December 1999, around the time when the children were last in the couple's care, the twins, De.S. and Du.S., were only four months old, and the oldest child, C.S., was sixteen months old.[3] The father explained that he worked sixty hours a week from 4:00 a.m. to 6:00 p.m. and cooked dinner for the family when he got home from work. He said that, because of his heavy work schedule and inexperience with infants, he seldom fed and held the twins and left the tasks of bathing, changing diapers, and feeding them to the mother. He conceded that he had "never been around children" or taken any parent training courses. However, he testified that he joined a parent support group and attended sessions twice weekly for two months. He said that he currently works only thirty hours a week and would have more time to devote to his children.

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Bluebook (online)
881 So. 2d 1130, 2004 Fla. App. LEXIS 9979, 2004 WL 1496891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rs-v-department-of-children-and-families-fladistctapp-2004.