S.P., MOTHER OF S.M. AND R.M., CHILDREN, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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A Florida appellate court affirmed an order adjudicating two children as dependent after their mother failed to protect them from injuries sustained in her care. The court held that although the evidence did not prove the mother inflicted the injuries herself, the children's unexplained injuries while in her care, combined with her failure to supervise and protect them, constituted grounds for dependency.
The order of dependency was affirmed because the trial court's findings were supported by competent, substantial evidence. It is sufficient that the injuries occurred while in the mother's care; it is not necessary to prove the mother personally inflicted the injuries. The evidence supported findings that the abuse could not have occurred without the mother's knowledge and that the children's physical, mental, and emotional health were in danger due to the mother's acts of abuse or failure to protect.
[1] An order of dependency will be upheld if it is supported by competent, substantial evidence.
[2] A finding of dependency may be supported by evidence that children suffered injuries while in a parent's care, even if the parent did not directly inflict the injuries.
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Join FLexlaw to unlock all legal intelligence“An order of dependency will be upheld if it is supported by competent, substantial evidence.”
Establishes the standard of review for dependency orders on appeal
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Join FLexlaw to unlock all legal intelligenceOn March 20, 2003, the Department of Children and Families received a report that S.M. had 12 welt marks on her arms. An investigation revealed S.M. h…
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THOMPSON, J.
S.P., the mother (“mother”), appeals an order adjudicating her children, S.M. and R.M., dependent. We affirm.
On 20 March 2003, the Department of Children and Families (“department”) received a telephone call about S.M. stating, “Today, [S.M.] had 7 welt marks on one arm and 5 welt marks on her other arm. It is not known who did this to her or why, or what was used to mark her up.” The next day, a department investigator visited the mother and children, and on 27 March 2003, a shelter petition was filed. The petition alleged that both children had marks on their bodies, and that S.M. had sixteen fresh bruises and marks. The petition stated that when the department asked how S.M. received the marks, the mother replied that she was outside with her roommate when she heard screams. The mother alleged that upon returning inside the residence, she found the brother, R.M., who was only four years old, with a coat hanger.1
On appeal, the mother argues that the order should be reversed because there was no evidence that she inflicted injuries upon S.M. and R.M. An order of dependency will be upheld if it is supported by competent, substantial evidence. V.G. v. Department of Children and Families, 813 So. 2d 298 (Fla. 5th DCA 2002). In the instant case, the trial court’s finding that the abuse could not have occurred without the mother’s knowledge and that the children’s physical, mental, and emotional health were in danger either by acts of abuse by the mother or by her failing to protect the children was supported by competent, substantial evidence.
At the dependency hearing, child protection team nurse Debbie Scott testified that the injuries inflicted upon S.M. were caused by a sharp narrow instrument, and that S.M.’s brother, R.M. could not have caused the injuries. Scott also testified that she observed burns, apparently from a motorcycle, on R.M’s legs. The fact that the children were injured does not necessarily mean that the mother inflicted the injuries, but it is sufficient that the injuries occurred while in her care. Compare In Interest of D.E.N., 504 So. 2d 514 (Fla. 5th DCA 1987) (holding that it was not necessary for trial court to determine who broke the child’s bones and that it was enough that the bones were broken repeatedly while in the mother’s care).
The order of dependency is AFFIRMED.
PETERSON and ORFINGER, JJ„ concur. . Aside from observing injuries on the children, protective investigator Foster testified at the dependency hearing that the mother lived in a dirty, one-bedroom home, with a kitchen that appeared to not have been used in a long time, since there were no dishes or food. Foster stated that she observed this from the living room, but she was not allowed to look at the remainder of the house. The mother told Foster that she was living in this one bedroom house with an uncle, his girlfriend, and their one-year old daughter. Foster testified that the mother left that residence that evening, stayed with a girlfriend for a couple days, and was "floating” from place to place.
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In the Interest of C.R. v. Dep't of Child. & Fam. Servs., 937 So. 2d 1257 (Fla. 2d DCA 2006)…Even in the absence of direct proof that a parent knew of the abuse of a child, courts have affirmed findings that the abuse could not possibly have occurred without the parent’s knowledge. For example, in S.P. v. Department of Children & Families, 866 So. 2d 1253 (Fla. 5th DCA 2004), one of the mother’s two children suffered numerous injuries caused by a sharp instrument. The mother claimed that, after hearing screams from this child, she found the other child, who was only four years old, holding a coat han…
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T.R. v. Dep't OF Child. & Families, 989 So. 2d 1224 (Fla. 5th DCA 2008)…Department, there is no evidence that T.R. knew or should have known of Mr. Reed’s alleged abuse. There is also no evidence to suggest that the sexual abuse could not have occurred without T.R.’s knowledge. See S.P. v. Dep’t of Children & Families, 866 So. 2d 1253, 1255 (Fla. 5th DCA 2004) (affirming order of dependency where abuse could not have occurred without the mother’s knowledge). Consequently, there is no evidence that T.R. abused P.D. by allowing her to stay with Mr. Reed. There also is no evidence t…
Authorities Cited
- V.G. v. Dep't of Child. & Families, 813 So. 2d 298 (Fla. 5th DCA 2002)
- In the Interest of D.E.N. v. Dep't of Health & Rehabilitative Servs., 504 So. 2d 514 (Fla. 5th DCA 1987)