IN THE INTEREST OF J.H., A CHILD
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The court held that a child cannot be adjudicated dependent without a finding of abuse, neglect, or abandonment as defined by statute.
Following a petition by HRS alleging child abuse and a dangerous environment, the court found no abuse but adjudicated the child dependent due to a la…
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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.
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In the Interest of K.B. and M.B. v. Dep't of Child. & Fam. Servs., 937 So. 2d 709 (Fla. 2d DCA 2006)…tment’s case plan, and ordered the Father to comply with it. The Father now appeals from this order. Chapter 39 of the Florida Statutes is the sole and exclusive means by which the trial court can declare a child dependent. In the Interest of J.H., 535 So. 2d 669, 670 (Fla. 2d DCA 1988). Chapter 39 defines a “dependent” child as one who is found by the court to have been abandoned, abused, or neglected by his or her parents or one who is “at substantial risk of imminent abuse, abandonment, or neglect by the…
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E.S. v. L.G. (Fla. 1st DCA 2020)…he rules of juvenile procedure provides for consideration of the section 61.13 factors in dependency cases. “Chapter 39 of the Florida Statutes is the sole and exclusive means by which a court can declare a child dependent.” In the interest of J.H., 535 So. 2d 669, 670 (Fla. 2d DCA 1988). Section 39.522 is entitled, “Post-disposition change of custody” and provides procedures for changing placement after disposition in a dependency case. Consequently, the specific provisions of section 39.522 are solely appli…
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- State v. M.T.S., 408 So. 2d 662 (Fla. 3d DCA 1981)