JOHN PAQUIN, SR., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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John Paquin appealed an order finding his three children dependent and prohibiting all contact with them following allegations of sexual abuse of his eight-year-old daughter. The appellate court affirmed the dependency findings for two of the children but reversed as to the two-year-old daughter, finding insufficient evidence of abuse or risk.
The court affirmed the dependency findings for the eight-year-old daughter P.D.P. and her six-year-old brother J.P., but reversed the dependency finding for the two-year-old daughter J.P., dissolving the injunction preventing contact with her. No competent evidence established that the two-year-old had been abused, witnessed abuse, or faced future abuse risk.
[1] Evidence of sexual abuse of one child is sufficient to support an adjudication of dependency as to a sibling if there is a substantial likelihood of future abuse and negl…
[2] The act of sexual abuse of a child may be sufficient in itself to establish a substantial likelihood of future abuse and neglect of a sibling.
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Join FLexlaw to unlock all legal intelligence“It is not our function to reevaluate the testimony and evidence and substitute our judgment for that of the trial court as to the weight to be accorded the evidence, and we affirm as to the finding of P.D.P.'s dependency.”
Establishes the appellate standard of review for trial court factual determinations in dependency cases
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Join FLexlaw to unlock all legal intelligenceA dependency petition alleged that Paquin sexually abused his eight-year-old daughter P.D.P. by fondling and vaginally penetrating her in the presence…
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GOSHORN, Judge.
John Paquin appeals an order finding his three children dependent and enjoining him from any contact with the children. We reverse, in part, for the reasons hereinafter set forth.
A dependency petition was filed alleging that Paquin had abused his eight year old daughter, P.D.P. by fondling and vaginally penetrating her in the presence of his six year old son, J.P. The abuse allegedly occurred while Paquin was exercising visitation with these two children who resided with Paquin’s ex-wife. The petition also alleged that P.D.P. and J.P. had seen Pa-quin fondle his two year old daughter, J.P. At the time Paquin lived with J.P.’s mother. At the adjudicatory hearing circumstantial evidence of the abuse of P.D.P. was presented through the testimony of her mother that P.D.P. had returned from a Saturday visitation with her clothes on inside out and her underpants in her back pocket. P.D.P. told her mother that Pa-quin had “stuck his private in her privates.” Additionally a pediatric physician examined P.D.P. for the Child Protection Team and testified that his findings were consistent with a history of chronic sexual abuse and that he was of the opinion that there was a high likelihood that P.D.P. had undergone repeated episodes of sexual activity. He further testified there was no evidence of abuse of the two year old, J.P. No evidence of the prospective abuse of J.P. was offered at the adjudicatory hearing. See generally Palmer v. Department of Health and Rehabilitative Services, 547 So. 2d 981 (Fla. 5th DCA 1989) (If prospective abuse or neglect is sufficiently well established, parental rights may be terminated).
All three children were adjudicated dependent and the injunction preventing Paquin from having contact with his children was continued. He was denied visitation with any of his children. It is not our function to reevaluate the testimony and evidence and substitute our judgment for that of the trial court as to the weight to be accorded the evidence, and we affirm as to the finding of P.D.P.’s dependency. Shaw v. Shaw, 334 So. 2d 13, 17 (Fla.1976). Further, because there was evidence that the abuse of P.D.P. occurred in the presence of her brother, J.P., we also affirm the finding that he is dependent.
However, no competent evidence was presented that the two year old, J.P., who does not live in the same household with P.D.P. and J.P., had ever been abused, had witnessed any abuse or might be subjected to abuse in the future. Accordingly, the order finding the two year old J.P. dependent is reversed and the injunction preventing Paquin from contact with her is dissolved.
AFFIRMED in part, REVERSED in part.
DANIEL, C.J., and COWART, J., concur.
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In the Interest of M.F. and M.F. v. Fla. Dep't of Child. & Families, 770 So. 2d 1189 (Fla. 2000)…Rehabilitative Servs., 589 So. 2d 959 (Fla. 5th DCA 1991) (reversing dependency of natural child where father had sexually abused a stepchild-with no further showing of risk to current child); Paquin v. Department of Health & Rehabilitative Servs., 561 So. 2d 1286 (Fla. 5th DCA 1990) (affirming dependency of two natural children where father had abused one in the presence of other, and reversing dependency of third natural child where no proof of abuse of that child had been presented); see also Tolley v. Dep…
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Denson v. Dep't of Health & Rehabilitative Servs., 661 So. 2d 934 (Fla. 5th DCA 1995)…Department of Health and Rehabilitative Services, 596 So. 2d 520 (Fla. 5th DCA 1992); Fetters v. Department of Health and Rehabilitative [*936] Services, 589 So. 2d 959 (Fla. 5th DCA 1991); Paquin v. Department of Health and Rehabilitative Services, 561 So. 2d 1286 (Fla. 5th DCA 1990). In the present case, the trial court found that the risk of prospective abuse was great simply because Denson had abused T.D. However, there was no evidence or expert testimony regarding Denson’s mental or emotional condition,…
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Tolley v. Dep't of Health & Rehabilitative Servs., 667 So. 2d 480 (Fla. 5th DCA 1996)…based on father’s sexual abuse of unrelated minor child in father’s care where evidence before trial court was legally insufficient to support finding that father’s two children were at risk); Paquin v. Department of Health & Rehabilitative Servs., 561 So. 2d 1286 (Fla. 5th DCA 1990) (holding that, although evidence justified finding of dependency as to two older children based on father’s past sexual abuse of eight-year-old daughter when in presence of six-year-old son, evidence did not justify finding of de…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shaw v. Shaw, 334 So. 2d 13 (Fla. 1976)
- Palmer v. Dep't of Health & Rehabilitative Servs., 547 So. 2d 981 (Fla. 5th DCA 1989)