Monday, April 10, 2006

“Prove It!”

Here’s something for Dependency Mediators. [I know, mediators don’t have to prove it – DCF does.] In J.B. III, Father of J.B., a child v. Department of Children and Families, Case No. 1D05-3387 [Fla. 1st DCA 2006], the First District Court of Appeal reminds us that for a dependency adjudication to be affirmed, there must be competent, substantial evidence that a child was either: (1) abused, abandoned, or neglected by the parents; or (2) at imminent risk of being abused, abandoned, or neglected by the parents. F.S. 39.01(14)(a) & (f). In this clear opinion the court provides a nice explanation of the law as applied to the facts – some things to think about for Dependency Mediators!

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