Dependency Case Law Update

Dependency law is a sub-category of family law. Actually some would say it is a quasi-criminal quasi-civil category on its own. This type of case is where child abuse or neglect is alleged, usually by the State (the Department of Children and Families [DCF]), but not necessarily. Chapter 39 of the Florida Statutes governs these matters.

An interesting new case is this area was published as a result of an appeal this year in the 5th District Court of Appeal. In B.T. v. D.C.F., the child at issue was adjudicated dependent based on a finding that the Father had abandoned him. The Father was incarcerated since before the birth of child and was not scheduled to be released until 2011. At the time of the hearing the child was 5 years old. The Father was the only witness at the hearing. He testified that he regularly received photos and updates about the child from family members, and that his failure to pay child support was due solely to his incarceration. The appellate court upheld the adjudication of dependency but held that the finding of abandonment was not supported by the evidence. The Court stated that the Department of Children & Families had presented no evidence other than incarceration to support a finding of abandonment and that incarceration alone was insufficient to support the finding of abandonment. The Court states in its opinion that "We do not suggest that [the child] was not abandoned by Father; merely that there was a failure of proof of abandonment."

This case is a reminder of the key in preparing proper evidence and testimony even where the end result may seem obvious.