B.W., THE MOTHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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A finding of dependency based on domestic violence incidents cannot stand absent competent, substantial evidence that the child was aware of or suffered physical or mental injury from the incidents, or that the parent poses a current threat of harm.
[1] A domestic violence incident between parents cannot support an adjudication of dependency under section 39.01(14)(a) or (f), Fla. …
Previewing 1 of 1 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“[I]n the absence of any evidentiary finding that the child appreciated or suffered any physical or mental injury, or a finding that the mother posed a current threat of harm to the child, the trial court's finding of dependency cannot stand.”
Court's conclusion regarding the standard required to sustain a dependency adjudication
The mother was adjudicated as creating a dependency based on her lack of behavioral control and impulse control during domestic incidents. The trial c…
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PER CURIAM.
Appellant, B.W., the mother, appeals from an adjudication of dependency as to her minor child. The petition for dependency, filed below, alleged a myriad of grounds, but the adjudicatory hearing focused on a discrete series of domestic incidents. At the conclusion of the hearing, the lower court granted the petition on the basis that “the [m]other displayed lack of behavioral control and impulse control and that there is a substantial risk of harm to the [c]hild because the [m]other has a poor understanding of how the violent behavior taking place affects her [c]hild.” Relying upon the opinion of our sister court in C.W. v. Dep’t of Child. & Fams., 10 So. 3d 136 (Fla. 1st DCA 2009), as well as the opinion of this court in C.R. v. Dep’t of Child. & Fams., 45 So. 3d 988 (Fla. 3d DCA 2010), we find the record devoid of competent, substantial evidence the child was “abandoned, abused, or neglected,” or at “substantial risk of imminent abuse, abandonment, or neglect” by the mother. § 39.01(14)(a), (f), Fla. Stat. (2021); see also C.W., 10 So. 3d at 138–39 (reversing trial court’s finding of dependency of threemonth-old child where record contained no evidence that child was aware of domestic violence incident or was physically or mentally harmed); C.R., 45 So. 3d at 989 (finding past history of domestic abuse insufficient to support finding of dependency where child’s parents separated, and court injunction was entered to prevent any contact between parents); In re K.B., 937 So. 2d
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Citator
Authorities Cited
- R.S. v. Dep't of Child. & Families, 881 So. 2d 1130 (Fla. 4th DCA 2004)
- In the Interest of J.L. v. Dep't of Child. & Fam. Servs., 824 So. 2d 1023 (Fla. 2d DCA 2002)
- In the Interest of N.F. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program, 82 So. 3d 1188 (Fla. 2d DCA 2012)
- C.W. v. Dep't of Child. & Families, 10 So. 3d 136 (Fla. 1st DCA 2009)
- C.R. v. Dep't OF Child. & Families, 45 So. 3d 988 (Fla. 3d DCA 2010)
- B.J. v. Dep't OF Child. & Families, 190 So. 3d 191 (Fla. 3d DCA 2016)