Florida District Courts of Appeal, 2009

CM v. Department of Children and Families

CM v. Department of Children and Families
Florida District Courts of Appeal · Decided April 15, 2009 · Gross, Polen, Farmer
6 So. 3d 728; 2009 Fla. App. LEXIS 3186; 2009 WL 996410 (Southern Reporter, Third Series)

CM v. Department of Children and Families

Opinion

PER CURIAM.

The father appeals an order adjudicating his 7 year old child dependent. Setting aside the evidence of the child’s presence during a domestic violence incident, which was minimal, the finding that the child suffered mental harm as a result of witnessing the domestic violence incident was not supported by competent substantial evidence. The only evidence of harm to the child came from the hearsay testimony from a child advocate. See B.C. v. Dep’t of Children & Families, 846 So.2d 1273 (Fla. 4th DCA 2003); K.V. v. Dep’t of Children & Family Servs., 939 So.2d 200 (Fla. 2d DCA 2006); K.B. v. Dep’t of Children & Family Servs., 937 So.2d 709 (Fla. 2d DCA 2006). We therefore reverse the adjudication of dependency.

GROSS, C.J., POLEN and FARMER, JJ., concur.

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