LibGuides: Child Abuse and Neglect: Case Law

Child Dependency

"D.A. (the Father) appeals from a dependency adjudication with respect to his minor child, R.A. We affirm the supplemental dependency adjudication order entered below."

S.S., Mother of C.M. and I.M., Minor Children, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

March 9, 2012.

District Court of Appeal of Florida, First District

81 So.3d 618

"S.S. (the "Mother") appeals an order adjudicating her children C.M. and I.M. dependent and placing them in the custody of the Department of Children and Families ("Department"). Finding that the dependency adjudication is not supported by competent, substantial evidence, we reverse."

Child Neglect

J.B., III father of J.B., a child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

April 7, 2006.

District Court of Appeal of Florida, First District.

928 So.2d 392

"The Department of Children and Families (DCF) obtained an order adjudicating 12-year-old J.B. dependent. The adjudication was based on J.B.'s exposure to small quantities of marijuana and residual amounts of cocaine in several areas of J.B.'s house. Appellant, J.B.'s father, argues mere exposure to small quantities of illicit drugs, standing alone, cannot support a finding of dependency. We agree and reverse."

In the Interest of S.T., D.Y., D.Y., and D.Y., minor children. M.C., Appellant, v. Department of Children and Family Services, Appellee.

Oct. 27, 2006.

District Court of Appeal of Florida, Second District

940 So.2d 571

"M.C., the Mother, appeals from the trial court's order adjudicating her four children dependent. Because we conclude that the evidence was legally insufficient to support the adjudication, we reverse the trial court's Order of Dependency Adjudication and Disposition as to the Mother."

In the Interest of J.B., a child. R.M., Appellant, v. Department of Children and Family Services and Attorney Ad Litem for the Child, Appellees.

July 30, 2010.

District Court of Appeal of Florida, Second District

40 So.3d 917

"The circuit court adjudicated the child J.B. dependent as to his mother R.M. She maintains that the adjudication was not supported by competent, substantial evidence. We disagree and affirm."

C.J., the father, Appellant, v. DEPARTMENT OF CHILDREN & FAMILIES, Appellee.

Nov. 21, 2007.

District Court of Appeal of Florida, Fourth District

968 So.2d 121

"We reverse an order adjudicating C.J. dependent and remand for a new final hearing. Appellant is the child's father.The department alleges that C.J. is at substantial risk of imminent threat of harm, as defined in section 39.01(30), Florida Statutes, or imminent neglect, as defined in section 39.01(43), Florida Statutes, arising out of Appellant's history of domestic violence against the mother."

Parental Rights

In the Interest of D.L.H., a child. T.L., Appellant, v. Department of Children and Family Services and Guardian Ad Litem Program, Appellees.

Oct. 3, 2008.

District Court of Appeal of Florida, Second District

990 So.2d 1267

"T.L. (the Father) appeals a final judgment that terminated his parental rights to his son, D.L.H. Because the Department of Children and Family Services (DCF) failed to establish (1) a nexus or predictive relationship between the past abuse of D.L.H.'s sibling and any prospective abuse of D.L.H. and (2) that termination was the least restrictive means to protect D.L.H. from harm, we reverse the final judgment of termination and remand for further proceedings."

T.P., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.

Aug. 9, 2006.

District Court of Appeal of Florida, Third District

935 So.2d 621

"The father, T.P., appeals from a final judgment terminating his parental rights to his daughter, Z.K.P. We affirm.

T.P. is the father of a girl, Z.K.P, and twin babies, Z.K.G. and Z.K.G. (the "twins"). The twins, one of whom is a male and the other a female, were five weeks old and Z.K.P. was two and a half years old at the time they came into the custody of the Department of Children and Family Services ("DCF")."

Parental Drug Use

M.F., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

March 5, 2008.

District Court of Appeal of Florida, Fourth District

975 So.2d 622

"M.F., the father, appeals the trial court's adjudication of dependency with respect to his three children, A.F., W.F., and Ma.F. The Department of Children and Families ("the department") initiated dependency proceedings when M.F.'s daughter, A.F., was born cocaine-positive and the mother tested positive for cocaine at A.F.'s birth. M.F. did not consent to the adjudication of dependency and this case proceeded to trial. The father argues on appeal that the evidence was insufficient to support the adjudication of dependency. We agree and reverse."