J.R., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The trial court's adjudication of dependency is affirmed where substantial competent evidence supports the finding that the child lived in a tense environment with physical injuries consistent with child abuse.
[1] In a dependency proceeding, the Department of Children and Families must establish its allegations by a preponderance of the evidence, and an appellate court reviews the…
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Join FLexlaw to unlock all legal intelligence“The record before us shows substantial competent evidence in support of the trial court's findings. The evidence establishes that [the child] lived in a tense environment, where he suffered physical injury consistent with child abuse.”
Court's conclusion regarding sufficiency of evidence supporting the dependency adjudication
The Department of Children and Families brought a dependency proceeding against J.R., the father, regarding a child. The trial court found sufficient …
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PER CURIAM.
Affirmed. See In re M.F., 770 So. 2d 1189, 1192 (Fla. 2000) (“In a dependency proceeding, DCF must establish its allegations by ‘a preponderance of the evidence.’”) (quoting Fla. R. Juv. P. 8.330(a)); Y.P. v.
Dep’t of Child. & Fam. Servs., 939 So. 2d 1118, 1119–20 (Fla. 3d DCA 2006) (“We review an adjudication of dependency for an abuse of discretion, and will uphold the determination if the trial court applied the correct law and its ruling is supported by competent, substantial evidence. Weighing the evidence is the province of the trial court, M.R. v. Dep’t of Child. & Fam.
Servs., 783 So. 2d 277, 278 (Fla. 3d DCA 2001), and this Court will not disturb the trial court’s credibility findings.”) (internal citations omitted); F.R.
v. Dep’t of Child. & Families, 826 So. 2d 449, 450 (Fla. 5th DCA 2002) (“In the event the evidence is conflicting or turns on credibility of the witnesses,
all credence and presumption of correctness must be given to the trial court.”); G.V. v. Dep’t of Child. & Families, 795 So. 2d 1043, 1048 (Fla. 3d
DCA 2001) (“The record before us shows substantial competent evidence in support of the trial court’s findings. The evidence establishes that [the child] lived in a tense environment, where he suffered physical injury consistent with child abuse.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest of M.F. and M.F. v. Fla. Dep't of Child. & Families, 770 So. 2d 1189 (Fla. 2000)
- F.R. v. Dep't of Child. & Families, 826 So. 2d 449 (Fla. 5th DCA 2002)
- Y.P. v. Dep't of Child. & Fam. Servs., 939 So. 2d 1118 (Fla. 3d DCA 2006)
- M.R. & J.R. v. Dep't of Child. & Fam. Servs., 783 So. 2d 277 (Fla. 3d DCA 2001)
- G.V. v. Dep't OF Child. & Families & The Guardian Ad Litem Program, 795 So. 2d 1043 (Fla. 3d DCA 2001)