SAMANTHA GELROD, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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The court held that the evidence of neglect was legally sufficient to support an adjudication of dependency.
The mother appealed an amended final order adjudicating her son dependent, arguing the evidence of neglect was insufficient. The appellate court revie…
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PER CURIAM.
The mother, Samantha Gelrod, appeals from an amended final order adjudicating her son, J.A., dependent. We affirm.
The mother contends that the evidence of neglect is legally insufficient to support an adjudication of dependency in accordance with section 39.01(37), Florida Statutes (1993). We disagree.
“An adjudication of dependency must be based upon a showing of abuse, abandonment, or neglect.” I.T. v. Department of Health and Rehabilitative Servs., 532 So. 2d 1085, 1087 (Fla. 3d DCA 1988); § 39.01(10)(a), Fla. Stat. (1993). Additionally, “[pjroof of neglect sufficient to establish a state of dependency must be met by a preponderance of the evidence standard.” I.T., 532 So. 2d at 1087; § 39.408(2)(b), Fla.Stat. (1993).
After a review of the record, we find that there is a preponderance of the evidence to support the trial court’s finding that the mother neglected her child. Therefore, the trial court properly adjudicated J.A. dependent.
Accordingly, we affirm.
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C.M. and L.M. v. Dept. OF Children AND Families, 823 So. 2d 182 (Fla. 5th DCA 2002)…of dependency. An adjudication of dependency must be based upon a finding of abuse, abandonment or neglect. W.T. v. Department of Children and Families, 787 So. 2d 184 (Fla. 5th DCA 2001); Gelrod v. Department of Health and Rehabilitative Services, 648 So. 2d 862 (Fla. 3d DCA 1995); § 39.01(14)(a), Fla. Stat. The state offers no alternative theory to support' the finding of dependency as to the father nor can we ascertain one from the record. Even the trial court found the child was dependent “by a mere sha…
Authorities Cited
- In the Interest of I.T. v. State, 532 So. 2d 1085 (Fla. 3d DCA 1988)