Florida District Courts of Appeal, 2009

AR v. Department of Children and Family Services

AR v. Department of Children and Family Services
Florida District Courts of Appeal · Decided November 12, 2009 · Suarez, Lagoa, Salter
21 So. 3d 162; 2009 Fla. App. LEXIS 16824; 2009 WL 3763154 (Southern Reporter, Third Series)

AR v. Department of Children and Family Services

Opinion

CONFESSION OF ERROR

PER CURIAM.

The Father, A.R., appeals from an Order of Adjudication. For the following reasons, this Court vacates the Order of Adjudication and remands the case for further proceedings.

The Florida Department of Children and Family Services (the “Department”) properly concedes that the evidence adduced at trial does not support the trial court’s findings of dependency as to the Father. Indeed, while the Father was found to be at “medium risk” based on an Adult-Adolescent Parenting Inventory Test, the Department concedes that the test administered was invalid as the child, A.R. Jr., is an infant. Moreover, the case manager’s testimony regarding the Father’s lack of parenting skills based on his ability to diaper the infant and correctly position the infant’s head is also insufficient to support the trial court’s finding of dependency.

Accordingly, we reverse the trial court’s Order of Adjudication, and remand for further proceedings.

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