IN THE INTEREST OF W.P., A CHILD
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The court held that the evidence presented was insufficient to establish child abuse as defined by statute, thus reversing the dependency order.
The Department of Health and Rehabilitative Services filed a dependency petition alleging child abuse. The father admitted slapping the child for usin…
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PARKER, Judge.
The parents of W.P. appeal the trial court’s order adjudicating W.P. to be a dependent child. We reverse.
The Department of Health and Rehabilitative Services (HRS) filed a petition for dependency on behalf of W.P., alleging that W.P. was an abused child. The petition specifically alleged that W.P.’s father .slapped the daughter on the side of the face with his hand and that the mother pulled W.P.’s hair. The trial court, finding physical abuse, entered an order of dependency requiring protective service supervision by HRS.
HRS is required to establish the status of dependency, as alleged in its petition, by the preponderance of the evidence. § 39.408(2)(b), Fla.Stat. (1985). We have examined the record and find insufficient evidence to establish that W.P.’s parents “abused” her, as that term is defined in section 39.01(2), Florida Statutes (1985). Abuse is defined in the statute as “any willful act that results in any physical, mental, or sexual injury that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired.” Here, the facts adduced at the adjudicatory hearing are undisputed. The father admitted slapping W.P. on the side of her face with his open hand when W.P. used vulgar language toward her mother. Then W.P. pushed her father against the wall which caused the mother to pull W.P.’s hair. The father’s hand left a mark on W.P.’s face; however, she required no medical attention. Further, there was no testimony from any witness that the slap or hair pulling significantly impaired W.P.’s physical, mental, or emotional health. Accordingly, the trial court’s order granting the petition for dependency on the ground of abuse must be reversed. See In the Interest of T.S., 511 So. 2d 435 (Fla. 2d DCA 1987).
REVERSED.
FRANK, A.C.J., and THREADGILL, J., concur.
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T.G. and W.G. v. Dep't of Child. & Families, 927 So. 2d 104 (Fla. 1st DCA 2006)…ify as excessive corporal discipline because the bruises were insignificant, did not constitute temporary disfigurement, and did not put the child at risk of imminent abuse or cause the child to suffer significant mental impairment), and In re W.P., 534 So. 2d 905 (Fla. 2d DCA 1988) (finding evidence that father slapped his child on the face and left a mark insufficient to support a finding of dependency because the mark did not require medical attention), with O.S. v. Dep’t of Children & Families, 821 So. 2d…
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In the Interest of S.W., 581 So. 2d 234 (Fla. 4th DCA 1991)…heir sibling. On that basis he adjudicated all three children dependent. We reverse because the evidence is simply insufficient to support a finding of abuse. See In the Interest of C.C., 556 So. 2d 416 (Fla. 1st DCA 1989); In the Interest of W.P., 534 So. 2d 905 (Fla. 1st DCA 1988); In the Interest of T.S., 511 So. 2d 435 (Fla. 2d DCA 1984). Under the statute “abuse means any willful act that results in any physical, mental, or sexual injury that causes or is likely to cause the child’s physical, mental, or…
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In the Interest of BB. Rosemarie Spano v. Dep't of Child. & Families, 820 So. 2d 409 (Fla. 3d DCA 2002)…t finding of abuse within meaning of child dependency statute); In re S.W., E.J. and L.M., 581 So. 2d 234 (Fla. 4th DCA 1991) (finding of abuse not supported where mother hit child with belt that left bruising but required no treatment); In re W.P., 534 So. 2d 905 (Fla. 2d DCA 1988) (evidence that parents slapped child on side of face with open hand and pulled child’s hair insufficient to find, parents abused child within meaning of child dependency statute). Thus, the lower court’s finding of probable cause…
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- In the Interest of T.S., 511 So. 2d 435 (Fla. 2d DCA 1987)