WILLIAM FIELDER, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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The court held that the evidence was insufficient to support the dependency order and the order failed to state supporting facts.
A father's children were adjudicated dependent and custody was taken based solely on the father's sexual abuse of an unrelated minor in his care. The …
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COWART, Judge.
The father of two children sexually abused an unrelated minor child in the father’s care. Based solely on that conduct the father’s natural children were adjudicated dependent, their custody taken from the father, and his visitation rights restricted. The order of dependency was on a form providing for no findings of fact and none were made in the order. We reverse, finding that the evidence before the trial court was legally insufficient to support a finding that the father’s natural children were at risk1 and that the order of dependency failed to state facts to support the conclusion reached as required by section 39.409(3), Florida Statutes, see Luszczyk v. H.R.S., 576 So. 2d 431 (Fla. 5th DCA 1991); Williams v. H.R.S., 568 So. 2d 995 (Fla. 5th DCA 1990); Sigafoos v. H.R.S., 567 So. 2d 1053 (Fla. 5th DCA 1990). See also, In re
I.T., 532 So. 2d 1085 (Fla. 3d DCA 1988); In re D.M.S., 528 So. 2d 505 (Fla. 2d DCA 1988); Fitzpatrick v. H.R.S., 515 So. 2d 319 (Fla. 3d DCA 1987); In re G.D.H., 498 So. 2d 676 (Fla. 1st DCA 1986); In re C.S., 503 So. 2d 417 (Fla. 1st DCA 1987). Cf. Castellanos v. H.R.S., 545 So. 2d 455 (Fla. 3d DCA 1989) (order tracked the facts in the petition of dependency); Hardy v. H.R.S., 568 So. 2d 1314 (Fla. 5th DCA 1990) (order referred to a previous order containing facts).
REVERSED.
HARRIS and DIAMANTIS, JJ., concur. . H.R.S., appellee, argues "prospective abuse” citing Palmer v. H.R.S., 547 So. 2d 981 (Fla. 5th DCA 1989), cause dis’m., 553 So. 2d 1166 (Fla.1989).
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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)…DCA 1995) (reversing dependency of three natural and stepchildren where father had sexually abused a different natural child years earlier-with no further showing of risk to current children); Fielder v. Department of Health & Rehabilitative Servs., 596 So. 2d 520 (Fla. 5th DCA 1992) (reversing dependency of two natural children where father had sexually abused an unrelated child-with no further showing of risk to current children); Fetters v. Department of Health & Rehabilitative Servs., 589 So. 2d 959 (Fla.…
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Denson v. Dep't of Health & Rehabilitative Servs., 661 So. 2d 934 (Fla. 5th DCA 1995)…Where there is no evidence that the child has been abused or neglected and the evidence is insufficient to show that the child is at risk, we have reversed the finding of dependency. See Fielder v. 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 t…
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Tolley v. Dep't of Health & Rehabilitative Servs., 667 So. 2d 480 (Fla. 5th DCA 1996)…st sexual abuse of one of his children, where there was no evidence or expert testimony regarding father’s mental or emotional condition, or likelihood that he would abuse his other children); Fielder v. Department of Health & Rehabilitative Servs., 596 So. 2d 520 (Fla. 5th DCA 1992) (holding that father’s two children could not be declared dependent 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 fathe…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Palmer v. Dep't of Health & Rehabilitative Servs., 547 So. 2d 981 (Fla. 5th DCA 1989)
- In the Interest of G.D.H. and A.J.S., 498 So. 2d 676 (Fla. 1st DCA 1986)
- In the Interest of I.T. v. State, 532 So. 2d 1085 (Fla. 3d DCA 1988)
- Williams v. Dep't of Health & Rehabilitative Servs., 568 So. 2d 995 (Fla. 5th DCA 1990)
- In the Interest of C.S., 503 So. 2d 417 (Fla. 1st DCA 1987)
- State Farm Mut. Auto. Ins. Co. v. Heppelle, 528 So. 2d 505 (Fla. 2d DCA 1988)
- Celeste Fitzpatrick v. State, 515 So. 2d 319 (Fla. 3d DCA 1987)
- Castellanos v. Dep't OF Health & Rehabilitative Servs., 545 So. 2d 455 (Fla. 3d DCA 1989)
- Souter v. State, 576 So. 2d 431 (Fla. 5th DCA 1991)
- Garrison v. State, 568 So. 2d 1314 (Fla. 2d DCA 1990)