In the Interest of A.S.
In the Interest of A.S.
Opinion of the Court
This is an appeal of a dismissal with prejudice of a second amended petition for dependency filed by the Department of Health and Rehabilitative Services (HRS). The dismissal was predicated upon the failure of the petition to state a specific date upon which the alleged sexual abuse occurred. HRS and the guardian ad litem argue that it was error for the trial court to have dismissed the petition with prejudice. We agree and reverse.
Generally, a dependency petition should not be dismissed for being vague, indistinct or misleading, but rather is subject only to a motion for a more definite statement. See rule 8.720(d), Fla.R.Juv.P. Even in criminal cases, an information is not subject to dismissal for failure to allege a precise date if it can be shown that the offense occurred in a specified time period within the statute of limitations. State v. Jones, 589 So.2d 535, 537 (Fla. 3rd DCA 1989). Where no findings have been made concerning the good-faith ability of the state to narrow the time frame, or concerning prejudice to the defendant, it is error to dismiss the dependency petition.
Reversed.
. This is especially true where one of the reasons that the state may be unable to obtain more precise information concerns the familial relationship between the child and the alleged perpetrator.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.