S.W., THE MOTHER AND A.H., THE FATHER
v.
DEPARTMENT OF CHILDREN AND FAMILIES
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The adjudication of dependency is affirmed, but the trial court's finding attributing the child's lethargy at birth to the mother's drug use must be stricken as unsupported by evidence.
[1] A trial court's finding of causation between parental drug use and a child's medical condition must be supported by evidence and may not rest upon speculation or inferenc…
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Join FLexlaw to unlock all legal intelligenceA mother and father appealed from a dependency adjudication concerning their child. The trial court found that the child's lethargy at birth was cause…
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Consolidated appeals from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Steven J. Levin, Judge; L.T. Case No. 432019000125DPAXMX.
Antony P. Ryan, Director, and Paul O’Neil, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant S.W., the Mother. Crystal J. Marsh of the Marsh Law Firm, P.A., Stuart, for appellant A.H., the Father. Andrew Feigenbaum, Children’s Legal Services, West Palm Beach, for appellee Department of Children and Families.
Thomasina F. Moore, Statewide Director of Appeals, and Samantha C. Valley, Senior Attorney, Statewide Guardian Ad Litem Office, Tallahassee, for Guardian Ad Litem Program.
PER CURIAM.
In these consolidated appeals, the mother and the father challenge the adjudication of dependency as to their child, raising numerous arguments. We find that all but one argument lacks merit. We agree with the mother that the trial court erred in finding that the child’s lethargy at birth was caused by the mother’s drug use. There was no evidence supporting this finding.
We affirm the adjudication of dependency but remand for the trial court to strike that finding from the order. Affirmed in part, and remanded with instructions. CIKLIN, CONNER and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.