IN THE INTEREST OF S.W., E.J. AND L.M., CHILDREN
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A Florida appellate court reversed a dependency adjudication of three children based on a single incident where the mother used a belt to spank one child. The court found the evidence insufficient to establish abuse under the statutory definition requiring significant impairment to the child's physical, mental, or emotional health.
The court reversed the dependency adjudication because the evidence was insufficient to support a finding of abuse. While the mother's use of a belt may have been excessive, no significant impairment to any child's physical, mental, or emotional health was demonstrated, and no evidence supported that the other two children were at risk.
[1] A finding of child abuse requires evidence of willful conduct resulting in physical, mental, or emotional injury that causes or is likely to cause significant impairment…
[2] Evidence of bruises requiring no treatment and no testimony of emotional impairment is insufficient to support a finding of child abuse.
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Join FLexlaw to unlock all legal intelligence“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 emotional health to be significantly impaired”
The statutory definition of abuse that the court applied to find the evidence insufficient
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Join FLexlaw to unlock all legal intelligenceThe mother struck one of her three children with a belt after discovering the child attempting to feed a younger sibling a dangerous mixture of bleach…
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PER CURIAM.
A mother appeals an order adjudicating her three children dependent, the dependency order having been based on a finding of abuse pursuant to section 39.01(2), Florida Statutes (1991). We reverse.
The dependency petition was based on one incident of alleged abuse.
The evidence showed that on one day the mother repeatedly hit one of her children with a belt. Later that same day the child was taken to a Child Protection Team doctor under contract with H.R.S. The doctor found evidence of recent bruises, including some to the face. The injuries were consistent with belt marks.
However, the marks on the face could also have been consistent with a fall which the mother said the child suffered while running away from the mother after the incident. No treatment was required of any of the injuries.
The trial court’s findings stated that the mother struck the child with a belt causing injury and that the two other children were at risk due to the physical abuse of their 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 emotional health to be significantly impaired ”. § 39.01(2), Fla.Stat. (1991) (emphasis added). There was no evidence of significant impairment to the child caused by the belt incident. No treatment was necessary for the injuries, and no one testified that the child was in any way emotionally impaired by the incident. Further, there was absolutely no evidence presented that the other two children were “at risk.”
According to the mother’s testimony1 she explained that on the date of the incident she awoke to find her one child trying to feed her younger child a mixture of bleach and baby oil. She got out the belt to spank her daughter for this behavior. Although her reaction may have been excessive, any parent would get excited and agitated to find one of their children placed in imminent life threatening danger by the deliberate act of another child. Thus, we do not condone her reaction, but, on the other hand, it is not sufficient to warrant a finding of dependency in this case.
Reversed and remanded for entry of an order of dismissal of the petition.
ANSTEAD, WARNER and FARMER, JJ., concur. . Her testimony was stricken because of obstructive tactics by her attorney. We believe that was error and too harsh a sanction when it amounted to striking appellant's defense against the loss of her children. See First Republic Corp. of America v. Hayes, 431 So. 2d 624 (Fla. 3d DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
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A.A. v. Dep't of Child. & Families, 908 So. 2d 585 (Fla. 5th DCA 2005)…s 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); In Interest of S.W., 581 So. 2d 234 (Fla. 4th DCA 1991). It is obvious from the record that C.M. has been an enormous challenge to parent and this certainly explains the heightened response from the mother and brother as they attempted to instill some semblance of discipline in C.M.…
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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)…ren & Families, 773 So. 2d 1220 (Fla. 4th DCA 2000) (holding that spanking of child with belt that left bruising of child’s buttocks was insufficient to support 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…
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In the Interest of O.C. v. Dep't of Child. & Fam. Servs., 934 So. 2d 623 (Fla. 2d DCA 2006)…Dep’t of Health & Rehabilitative Servs., 640 So. 2d 1126 (Fla. 2d DCA 1994) (mere presence of bruises resulting from corporal punishment is not competent, substantial evidence of excessive corporal punishment or temporary disfigurement); In re S.W., 581 So. 2d 234 (Fla. 4th DCA 1991) (holding that evidence was insufficient to support finding of abuse based upon a single incident in which mother repeatedly hit child with a belt and child was observed with recent bruises, including bruises to the face which may…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- First Republic Corp. OF Am. v. Hayes, 431 So. 2d 624 (Fla. 3d DCA 1983)
- In the Interest of W.P., 534 So. 2d 905 (Fla. 2d DCA 1988)
- In the Interest of T.S., 511 So. 2d 435 (Fla. 2d DCA 1987)
- In the Interest of C.C. v. Dep't of Health & Rehabilitative Servs., 556 So. 2d 416 (Fla. 1st DCA 1989)