L.B., AS PARENT OF L.B. AND L.P.G., CHILDREN, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The appellate court held that the dependency order was deficient because it failed to set forth findings of fact. The court quashed the order and remanded for further proceedings.
The mother appealed an order declaring her children dependent. The order lacked specific findings of fact upon which the dependency determination was …
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PER CURIAM.
L.B., mother of L.B. and L.P.G. appeals from an order declaring her children to be dependent. She correctly contends that the order is deficient because it fails to set forth findings of fact upon which the order is based.
Section 39.507(6), Florida Statutes (1999) requires that in adjudicating a child dependent, a trial judge shall state in the order the facts upon which the finding is made. Florida Rule of Juvenile Procedure 8.330(g) similarly requires the trial court to specify the facts upon which a finding of dependency was made. See M.E.G. v. Department of Children and Families, 754 So. 2d 879 (Fla. 5th DCA 2000); McKenzie v. Department of Health & Rehabilitative Services, 663 So. 2d 682 (Fla. 5th DCA 1995). Admittedly, no such findings of fact were incorporated into the dependency order appealed from.
The order appealed from is quashed, and the cause is remanded to the trial court for further proceedings consistent herewith. If the senior judge who entered the order is available and has sufficient recollection of the evidence, the order appealed from may be supplemented by findings of fact which support its conclusion and should likewise comport with Rule 8.330(g). If the senior judge is unable to reconstruct the record or is unavailable, a new hearing shall be held.
ORDER QUASHED and REMANDED.
W. SHARP, and HARRIS, JJ., and ORFINGER, M., Senior Judge, concur.
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J.C.G. v. Dep't of Child. & Families, 780 So. 2d 965 (Fla. 5th DCA 2001)…re the trial court has failed to set forth findings to support its dependency adjudication, the order must be vacated and the matter remanded with instructions to the trial court to provide such findings. L.B. v. Department of Children and Families, 766 So. 2d 1259 (Fla. 5th DCA 2000); Ash v. Department of Health & Rehabilitative Services, 649 So. 2d 305 (Fla. 5th DCA 1995); Sigafoos v. Department of Health & Rehabilitative Services, 567 So. 2d 1053 (Fla. 5th DCA 1990). In explaining the rationale for so rulin…
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S.L. v. Dept. OF Children AND Families, 787 So. 2d 973 (Fla. 5th DCA 2001)…l acts resulting in temporary disfigurement has placed the child.” [sic]. The Department of Children and Families concedes that under the case law of this district, these findings were inadequate. L.B. v. Department of Children [*974] and Families, 766 So. 2d 1259 (Fla. 5th DCA 2000); K.S. v. Department of Children and Families, 760 So. 2d 1068 (Fla. 5th DCA 2000); M.E.G. v. Department of Children and Families, 754 So. 2d 879 (Fla. 5th DCA 2000). Florida Rule of Juvenile Procedure 8.330(g) states: In all cas…
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T.M. v. Dep't of Child. & Families, 813 So. 2d 200 (Fla. 5th DCA 2002)…ort its dependency adjudication, the matter must be vacated and remanded with instructions to the trial court to provide such findings. J.C.G. v. Dep’t of Children & Families, 780 So. 2d 965 (Fla. 5th DCA 2001); L.B. v. Dep’t of Children & Families, 766 So. 2d 1259 (Fla. 5th DCA 2000). Here, the trial court set forth written findings explaining the reasons why the children were dependent as to the father. However, as for the mother, the trial court stated on the record its finding that the mother’s conduct c…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McKENZIE v. Dep't of Health & Rehabilitative Servs., 663 So. 2d 682 (Fla. 5th DCA 1995)
- M.E.G. v. Dep't of Child. & Families, 754 So. 2d 879 (Fla. 5th DCA 2000)