Department of Children & Families v. B.G., a Child
Department of Children & Families v. B.G., a Child
192 So. 3d 1256; 2016 WL 3186522; 2016 Fla. App. LEXIS 8838
(Southern Reporter, Third Series)
Department of Children & Families v. B.G., a Child
Opinion
We reverse the dismissal of the dependency petition. Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). Abuse can result from a willful act resulting in “harm,” and “harm” can now be established by a positive drug test at birth. § 39.01(30)(g)(1).
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.