R.S., THE MOTHER v. DEPARTMENT OF CHILDREN AND FAMILIES
CourtDistrict Court of Appeal of Florida
Date FiledJune 3, 2020
Docket3D20-0116
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed June 3, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-116
Lower Tribunal No. 19-15242
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R.S., the mother,
Appellant,
vs.
Department of Children and Families, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Carlos Lopez,
Judge.
Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third
Region, and Kevin Coyle Colbert, Assistant Regional Counsel, for appellant.
Laura J. Lee and Thomasina F. Moore (Tallahassee), for Guardian ad Litem
Program; Karla F. Perkins, for the Department of Children and Families, for
appellees.
Before SALTER, FERNANDEZ and SCALES, JJ.
PER CURIAM.
The Florida Department of Children and Families filed a petition below
seeking an order adjudicating seven-month old, S.S., dependent as to R.S., the
child’s mother. X-rays of the baby revealed corner fractures in both legs, an indicator
of child abuse. R.S., who shared sole caregiving responsibility with the father, could
not explain the fractures. The trial court, in its December 12, 2019 Order of
Adjudication, found R.S. to be credible.1 Nonetheless, in its detailed order, the trial
court, relying on the testimony of the multiple medical experts who treated the child,
found the child dependent pursuant to section 39.01(15)(a) of the Florida Statutes.
Specifically, the trial court found that both child abuse and medical neglect occurred.
See § 39.01(2), (35), (47), (50), Fla. Stat. (2019).
As we did in the father’s appeal of the dependency order directed toward him,
see H.S.S. v. Dep’t of Children & Families, Case No. 3D20-91, 2020 WL 2464750
(Fla. 3d DCA May 13, 2020), we find that the trial court did not abuse its discretion
as to the mother. L.J. v. Dep’t of Children & Families, 273 So. 3d 1123, 1124 (Fla.
3d DCA 2019). A trial court’s dependency ruling will be upheld when the trial court
applies the correct law and the ruling is supported by competent substantial
evidence. Y.P. v. Dep’t of Children & Family Servs., 939 So. 2d 1118, 1119 (Fla.
3d DCA 2006); see J.V. v. Dep’t of Children & Family Servs., 967 So. 2d 354, 356
1
“The purpose of a petition seeking the adjudication of a child as a dependent child
is the protection of the child and not the punishment of the person creating the
condition of dependency.” § 39.501(2), Fla. Stat. (2019).
2
(Fla. 3d DCA 2007) (recognizing sufficiency of evidence to support dependency
ruling when parents, the sole caregivers, cannot explain baby’s traumatic injury).
Affirmed.
3