S.D., MOTHER OF J.A.D., A CHILD, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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PER CURIAM.
The mother challenges the trial court’s orders adjudicating her minor son dependent and placing him in the temporary custody of the Department of Health and Rehabilitative Services (HRS). Because no facts are recited in the orders of adjudication or disposition, we must reverse the adjudication of dependency and remand the case for entry of a proper order. Counsel for HRS properly concedes error on this point. Although the mother stipulated to a finding of dependency, the applicable rule required the trial court to “incorporate ... findings of fact specifying the act or acts causing dependency, by whom committed, and facts upon which the findings are based.” Fla.R.Juv.P. 8.325(c); see D.S. v. Dep’t of HRS, 642 So. 2d 628 (Fla. 1st DCA 1994).
REVERSED and REMANDED for proceedings consistent with this opinion.
MINER, LAWRENCE and BENTON, JJ., concur.
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Fla. Dep't of Health & Rehabilitative Servs. v. N.T., 670 So. 2d 1147 (Fla. 1st DCA 1996)…ectly determined that the consolidated order was flawed for failing to incorporate findings of fact. Indeed, we have required that dependency orders set forth findings of fact even where the parents stipulate to dependency. See S.D. v. Dep’t of HRS, 644 So. 2d 607 (Fla. 1st DCA 1994); D.S. v. Dep’t of HRS, 642 So. 2d 628 (Fla. 1st DCA 1994). It was erroneous, however, to further conclude that such a flaw rendered the consolidated order unsuitable for making the termination findings required by section 39.467(…
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Dep't OF Child. & Families v. P.C., 912 So. 2d 1255 (Fla. 1st DCA 2005)…t consents to dependency, the rule provides that the court must make written “findings of fact specifying the act or acts causing dependency, by whom committed, and facts on which the findings are based.” See S.D. v. Dep’t of Health & Rehab. Servs., 644 So. 2d 607 (Fla. 1st DCA 1994); C.S. v. Dep’t of Children & Families; 777 So. 2d 1118 (Fla. 4th DCA 2001); I.D.M. v. Dep’t of Children & Families, 779 So. 2d 526 (Fla. 2d DCA 2000); McKenzie v. Dep’t of Health & Rehab. Servs., 663 So. 2d 682 (Fla. 5th DCA 1995…
Authorities Cited
- D.S. v. Dep't of Health & Rehabilitative Servs., 642 So. 2d 628 (Fla. 1st DCA 1994)