M.S., MOTHER OF N.S., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
PER CURIAM.
A circuit court’s dependency order “must state the facts upon which the finding is made.” In the Interest of T.S.; M.H.W. v. Dep’t of Health and Rehabilitative Serv’s, 557 So. 2d 676, 677 (Fla. 2d DCA 1990). Failure to make the statutorily required findings of fact requires that the adjudication be vacated. See Williams v. Dep’t of Health and Rehabilitative Serv’s,Z568 So. 2d 995, 996-97 (Fla. 5th DCA 1990); J.C.G. v. Dep’t of Children and Families, 780 So. 2d 965, 967 (Fla. 5th DCA 2001). In the instant case, the trial court’s order fails to adequately state facts upon which the conclusion of abuse was made, or to state any facts to support the conclusion that the relationship between appellant and her child is unhealthy. The trial court’s order cannot be salvaged as one that tracked the factual allegations of the Amended Petition for Dependency. See Williams, 568 So. 2d at 997; Castellanos v. Dep’t of Health and Rehabilitative Serv’s, 545 So. 2d 455, 458 (Fla. 3d DCA 1989). The Order of Adjudication of Dependency is VACATED and the cause REMANDED for further proceedings.
BARFIELD, KAHN and BROWNING, JJ., concur.
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J.T. v. Fla. Dep't of Child. & Families, 48 So. 3d 931 (Fla. 1st DCA 2010)…ills necessary to provide the child with a safe and secure living environment.” Consequently, the order lacks any factual findings to adjudicate A.U. dependent as to the Mother. This alone warrants reversal. See M.S. v. Dep’t of Children & Families, 827 So. 2d 1089, 1090 (Fla. 1st DCA 2002) (holding a “circuit court’s dependency order ‘must state the facts upon which the finding is made’ ” and the “[f]ailure to make the statutorily required findings of fact requires that the adjudication be vacated.”) (quoting…
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A.F. v. Dep't of Child. & Fam. Servs., 86 So. 3d 1144 (Fla. 3d DCA 2012)…g of dependency was based, as required by Florida Rule of Juvenile Procedure 8.332(a) and section 39.507(6), Florida Statutes (2011). See E.B. v. Dep’t of Children & Families, 54 So. 3d 1090 (Fla. 4th DCA 2011); M.S. v. Dep’t of Children & Families, 827 So. 2d 1089,1090 (Fla. 1st DCA 2002); T.M. v. Dep’t of Children & Families, 813 So. 2d 200, 201 (Fla. 5th DCA 2002); J.G. v. Dep’t of Children & Families, 801 So. 2d 309 (Fla. 5th DCA 2001); J.C.G. v. Dep’t of Children & Families, 780 So. 2d 965 (Fla. 5th DCA 2…
Authorities Cited
- J.C.G. v. Dep't of Child. & Families, 780 So. 2d 965 (Fla. 5th DCA 2001)
- Castellanos v. Dep't OF Health & Rehabilitative Servs., 545 So. 2d 455 (Fla. 3d DCA 1989)
- In the Interest of T.S. and M.H.W. v. State, 557 So. 2d 676 (Fla. 2d DCA 1990)