M.B., FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, APPELLEE

Fla. 4th DCA | 2000-11-08
Nos. 4D00-1417, 4D00-2111
GUNTHER, STONE, and FARMER, JJ., concur.
770 So. 2d 733 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final order adjudicating the Appellant’s children dependent. The extensive trial court order, which sets out the facts upon which the court’s findings were made, reflects that the court complied with Florida Rule of Juvenile Procedure 8.330(g). Additionally, there is record support for the conclusion that the children were significantly impaired as a result of Appellant’s conduct such as to constitute neglect under section 39.01, Florida Statutes (1997). The record includes evidence of past abuse and neglect as well as evidence supporting a conclusion of an ongoing and substantial present risk of future abuse and neglect. Accordingly, we hold no error or abuse of discretion occurred.

GUNTHER, STONE, and FARMER, JJ., concur.


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  • J.F. v. State, 889 So. 2d 130 (Fla. 4th DCA 2004)
    …ished, however, that probation can be revoked upon a combination of hearsay and non-hearsay evidence. See Lacey v. State, 831 So. 2d 1267, 1269 (Fla. 4th DCA 2002)(citing Thomas v. State, 711 So. 2d 96 (Fla. 4th DCA 1998)); see also Wilcox v. State, 770 So. 2d 733, 736 (Fla. 4th DCA 2000)(holding that probation can be revoked on the basis of hearsay inadmissible at a criminal trial in combination with other admissible evidence). The problem in this case, though, is that the state presented no non-hearsay evid…
  • Whitehead v. State, 22 So. 3d 846 (Fla. 4th DCA 2009)
    …o revoke probation. Russell v. State, 982 So. 2d 642, 646 (Fla.2008). “[P]robation can be revoked on the basis of hearsay inadmissible at a criminal trial in combination with evidence admissible as an exception to the hearsay rule.” Wilcox v. State, 770 So. 2d 733, 736 (Fla. 4th DCA 2000); Thomas v. State, 711 So. 2d 96, 97 (Fla. 4th DCA 1998). The State is only required to prove a violation of probation under a “greater weight of the evidence” standard. Anderson v. State, 711 So. 2d 106, 108 (Fla. 4th DCA 19…
  • Jerri Wright v. State, 958 So. 2d 594 (Fla. 4th DCA 2007)
    …upposed to be at home. “Hearsay, though admissible in a probation revocation hearing, is insufficient standing alone to establish a violation of a condition of probation.” Nadeau v. State, 920 So. 2d 206 (Fla. 4th DCA 2006) (quoting Wilcox v. State, 770 So. 2d 733, 736 (Fla. 4th DCA 2000)). The evidence presented by the state was insufficient to support violations in allegations II and III. With respect to allegation IV for failure to pay her costs of supervision, the record shows the state did not present a…

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