T.G. AND W.G., PARENTS OF T.W., T.G., T.G., T.G., T.G., APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE

Fla. 1st DCA | 2006-04-18
No. 1D05-5067
LEWIS and POLSTON, JJ., concur.
927 So. 2d 104 Florida District Court of Appeal, First District (2006) Caution
Cited by 22 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Parents appealed the circuit court's adjudications of dependency for their five children. The appellate court reversed, finding the dependency findings were not supported by competent substantial evidence under Florida law, which requires that removal of children from parents be a method of last resort.


Holding

The court reversed the dependency adjudications, holding that the evidence did not meet the legal standard for dependency. The single instance of corporal discipline did not constitute abuse; the father's past limited drug use did not establish addiction or harm to the children; the prior VPS agreement resulted from an accident and was discharged; and no evidence supported the other allegations.


Headnotes

[1] A court's final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling is supported…

[2] Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The government's removal of a child from the parents should be a method of last resort.”

Establishes the foundational principle that guides the court's review of dependency adjudications

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

The circuit court based its dependency adjudications on: (1) a single instance of corporal discipline by the mother that resulted in a bruise on one c…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
KAHN, C.J.

KAHN, C.J.

Appellants challenge the circuit court’s adjudications of dependency of their five children. “A court’s final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling is supported by competent substantial evidence in the record.” In re M.F., 770 So. 2d 1189, 1192 (Fla.2000). As we find the orders adjudicating the children dependent are not supported by competent substantial evidence, we reverse.

The government’s removal of a child from the parents should be a method of last resort. See § 39.001(l)(a)-(b), Fla. Stat. (2005); M.F., 770 So. 2d at 1192 (“The severing of the parent-child bond — even temporarily — is a refuge of last resort for the child.”). The trial judge made numerous factual findings in his orders. When viewed in the totality of the circumstances, however, these findings fall well short of what the courts of this state consider sufficient to support a dependency adjudication.

We consider each factor in turn. The circuit judge initially relied upon a single instance of corporal discipline meted out by the mother to one of the five children. The language of the Florida Juvenile Justice Act makes clear that corporal discipline, by itself, does not constitute abuse:

Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

§ 39.01(2), Fla. Stat. (2005); see M.F., 770 So. 2d at 1192 (explaining purposes of Florida Juvenile Justice Act); A.A. v. Dep’t of Children & Families, 908 So. 2d 585, 587 (Fla. 5th DCA 2005) (“Long ago, the Florida courts recognized the common law principle, which remains with us to the present day, that parents may administer corporal discipline to their children; provided, however, that the discipline is reasonable.”).

To constitute abuse, corporal discipline must be “inappropriate or excessively harsh” and likely to result in physical, mental, or emotional injury. § 39.01(30)(a)4., Fla. Stat. (2005).

Although corporal discipline may be considered excessive when it results in “[significant bruises or welts,” see section 39.01(30)(a)4.k., the courts of this state have consistently found that bruises are not necessarily indicative of excessive corporal discipline. Compare S.L. v. Dep’t of Children & Families, 787 So. 2d 973, 974 (Fla. 5th DCA 2001) (“Most corporal punishment, even that which is not excessive, produces temporary marks of some kind.”) and J.C. v. Dep’t of Children & Families, 773 So. 2d 1220 (Fla. 4th DCA 2000) (finding father’s routine spanking of his oldest child with a belt, which on one occasion caused a bruise on the child’s buttocks, did not qualify as excessive corporal discipline because the bruises were insignificant, did not constitute temporary disfigurement, and did not put the child at risk of imminent abuse or cause the child to suffer significant mental impairment), and In re W.P., 534 So. 2d 905 (Fla. 2d DCA 1988) (finding evidence that father slapped his child on the face and left a mark insufficient to support a finding of dependency because the mark did not require medical attention), with O.S. v. Dep’t of Children & Families, 821 So. 2d 1145, 1148 (Fla. 4th DCA 2002) (finding mother’s paddling of daughter excessive as it left bruises over majority of daughter’s buttocks, legs, and neck, some of the bruises persisted for more than six weeks, and evidence of daughter’s self-mutilation showed mental injury resulted from abuse).

Here, although evidence indicated the child had a bruise, the Department produced no evidence that the bruise required medical attention. Nor is there evidence that the bruise was significant.

The circuit court does not explain how this instance of corporal discipline was “excessively harsh” nor does it suggest the child’s physical, mental, or emotional health was significantly impaired.

Furthermore, if this one instance did rise to the level of abuse, one act of abuse on a child is not sufficient evidence showing that appellants’ other children were at substantial risk of imminent abuse. See M.F., 770 So. 2d at 1193-94; V.S. v. Dep’t of Children & Families, 820 So. 2d 1077 (Fla. 1st DCA 2002). Considering this allegation of abuse in a light most favorable to the Department, we do not find sufficient evidence. We decline to indulge a presumption that the discipline that caused the bruise, if it did indeed cause the bruise, exceeded proper corporal discipline and entered the realm of abuse.

The circuit court next cited the father’s past drug use. Harm to a child’s health can occur when any person “[ejxposes a child to a controlled substance or alcohol.” § 39.01(30)(g), Fla. Stat. (2005).

A parent’s use of controlled substances is harmful to a child if it is “chronic and severe” and the child is “demonstrably adversely affected” by the use. § 39.01(30)(g)2., Fla. Stat. (2005); see P.C. v. Dep’t of Children & Family Servs., 898 So. 2d 195, 198 (Fla. 2d DCA 2005) (finding evidence of cocaine use did not rise to the level required by section 39.01(30)(g)2., to justify a finding of dependency); B.C. v. Dep’t of Children & Families, 846 So. 2d 1273, 1275 (Fla. 4th DCA 2003) (concluding father’s alcohol and drug addictions did not support dependency adjudication where evidence failed to show child suffered adverse consequences); see also J.B.M. v. Dep’t of Children & Families, 870 So. 2d 946, 951 (Fla. 1st DCA 2004) (requiring evidence that a parent’s addiction to alcohol or drugs actually affects the parent’s ability to care for the child in order to sustain a finding of dependency); C.C. v. Dep’t of Children & Family Servs., 812 So. 2d 520, 523 (Fla. 1st DCA 2002) (finding substance abuse alone does not establish prospective neglect).

Here, the Department and the trial judge made much of the father’s prior, limited drug use. The father failed one drug test in 2004. No evidence indicates the father was addicted to either cocaine or marijuana. Moreover, no evidence shows that any of the children were harmed as a result of the father’s past drug use. In fact, the father admitted smoking a marijuana cigarette — which led to his failed drug test — at a party outside of the family home. Accordingly, the lone positive drug test of the father does not constitute competent substantial evidence to support a finding of dependency.

Next, the circuit court, in support of its dependency adjudications, considered the family’s prior Voluntary Protective Services Agreement (‘VPS”) with the Department. In 2004, the family rushed one its children to the hospital after the child consumed part of a drink containing alcohol. The Department investigated the alcohol exposure. Apparently, the father left a juice and alcohol drink unattended for a moment and the child drank from it. The Department does not allege, nor is there any reason to believe, the father gave the young child the alcohol purposely. See § 39.01(30)(a)2., Fla. Stat. (2005) (requiring the giving of alcohol to a child be purposeful in order for such conduct to be considered harmful to the child).

The evidence simply suggests the father was having a drink, left the drink for a moment, and the drink was consumed by the child without the father’s knowledge. Although this episode may reflect upon the father’s carelessness at that particular moment, it does not impute any harmful intent on the father. The Department discharged the VPS in March 2005.

The circuit court listed other factors that led to its adjudications of dependency. Most of these factors come directly from the Department’s petitions. No evidence, however, appears to establish any substance behind these additional allegations.

The State of Florida does not demand perfection from its families. Instead, the State demands that children be protected from abuse and from the substantial risk of imminent abuse. See § 39.001, Fla. Stat. (2005) (listing purposes of chapter 39). The totality of the circumstances presented in the current proceeding fails to provide competent substantial evidence to support the adjudications of dependency.

The evidence fails to establish that the one instance of corporal discipline constituted abuse. Likewise, the evidence does not support a finding that the father is addicted to controlled substances or that his previous use affected the children. The prior VPS resulted from an accident and was discharged by the Department. When viewed from the totality of the eir- eumstances, the circuit court’s findings are insufficient to support the dependency adjudications and subsequent removal of the five children from their parents.

Accordingly, we REVERSE the adjudications of dependency.

LEWIS and POLSTON, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • C.A. v. Dep't of Child. & Families, 958 So. 2d 554 (Fla. 4th DCA 2007)
    …t when the child is demonstrably adversely affected by such usage. § 39.01(31)(g)(2), Fla. Stat. “Harm to a child’s health can occur when any person ‘[e]xposes a child to a controlled substance or alcohol.’ ” T.G. v. Dep’t of Children and Families, 927 So. 2d 104, 106 (Fla. 1st DCA 2006)(quoting § 39.01(30)(g), Fla. Stat. (2005)). “A parent’s use of controlled substances is harmful to a child if it is “chronic and severe” and the child is “demonstrably adversely affected” by the use.” Id. at 106-07. The tri…
  • S.S. v. Dep't of Child. & Families, 81 So. 3d 618 (Fla. 1st DCA 2012)
    …rt’s final ruling of dependency is a mixed question of law and fact and will be sustained on review if the court applied the correct law and its ruling is supported by competent substantial evidence in the record.” T.G. v. Dep’t of Children & Fams., 927 So. 2d 104, 105 (Fla. 1st DCA 2006) (citation omitted). Here, the circuit court concluded C.M. and I.M. are at substantial risk of imminent abuse and neglect because of the Mother’s abuse of alcohol and illegal substances, significant and ongoing domestic viol…
  • J.C. v. Fla. Dep't of Child. & Fam. Servs., 937 So. 2d 184 (Fla. 3d DCA 2006)
    …So. 2d at 623 (internal citations omitted). “This liberty interest ‘does not evaporate simply because they have not been model parents.’ ” Id. “The State of Florida does not demand perfection from its families.” T.G. v. Dep’t of Children & Families, 927 So. 2d 104, 107 (Fla. 1st DCA 2006)(internal citations omitted). “[Rather], the State demands that children be protected from abuse and from the substantial risk of imminent abuse.” Id. Upon discovery of J.C.’s illegal activities, there was aggressive crimina…

Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (13 total)

View all 13 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw