IN THE INTEREST OF JJ. AND J.J., MINOR CHILDREN. LEE ANN JORDAN, APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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The court held that the order of disposition must be reversed as to the daughter due to insufficient evidence of the mother's involvement in sexual abuse, and as to the son because his dependency was previously dismissed.
The trial court adjudicated dependency for both children. This court previously found insufficient evidence of the mother's involvement in the daughte…
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PER CURIAM.
This cause is before us on appeal from an order of disposition under Section 39.41, Florida Statutes (1989).
We find the evidence adduced at the disposition hearing sufficient to support an adjudication of dependency as to both children.
However, in the earlier appearance of this matter here, In the Interest of J.J. and J.J., both children, 570 So. 2d 1078, 1079 (Fla. 1st DCA 1990), this court held that the evidence adduced at the adjudication phase was insufficient to show the mother’s involvement in sexual abuse of the daughter by the mother’s “paramour/fiance.” We, therefore, must reverse the order of disposition as to the daughter. We must also reverse the order of disposition as to the son, because the trial court had previously dismissed the petition for dependency as to the son at the adjudication hearing. The issue of the son’s dependency was therefore not before the court at the disposition hearing.
On remand, the court should direct the Department of Health and Rehabilitative Services to file an amended petition as to both children conforming to the evidence adduced at the adjudication and disposition hearings. See Department of Health and Rehabilitative Services v. Hollis, 439 So. 2d 947, 949 (Fla. 1st DCA 1983). The trial court may consider the evidence already presented and any new evidence which the parties may offer. BOOTH, SMITH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Hollis, 439 So. 2d 947 (Fla. 1st DCA 1983)
- In the Interest of J.J. and J.J., 570 So. 2d 1078 (Fla. 1st DCA 1990)