In Interest of WP, 534 So. 2d 905 (Fla. 2d DCA 1988). · Go Syfert
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In Interest of WP, 534 So. 2d 905 (Fla. 2d DCA 1988). Cases Citing This Book View Copy Cite
12 citation events (7 in the last 25 years) across 2 distinct courts.
Strongest positive: L.M., MOTHER OF N.M. AND G.M., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES (fladistctapp, 2022-04-28)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) L.M., MOTHER OF N.M. AND G.M., CHILDREN vs DEPARTMENT OF CHILDREN AND FAMILIES
Fla. Dist. Ct. App. · 2022 · confidence medium
See, e.g., T.G. v. Dep’t of Child. & Fams., 927 So. 2d 104, 106 (Fla. 1st DCA 2006) (evidence 3 of mother’s corporal discipline causing a bruise was insufficient to support dependency determination where the Department produced no evidence that the bruise required medical attention or evidence that the bruise was significant); J.C. v. Dep’t of Child. & Fams., 773 So. 2d 1220 , 1221–22 (Fla. 4th DCA 2000) (finding father’s routine spanking of his oldest child with a belt, which on one occasion caused a bruise on the child’s buttocks, did not qualify as excessive corporal discipline …
cited Cited as authority (rule) The News-Journal Corporation, a Florida Corporation v. Honorable S. James Foxman, Circuit Judge, Seventh Judicial Circuit, State of Florida
7th Cir. · 1991 · confidence medium
In re Grand Jury Presentment, 534 So.2d 905, 907 (Fla. 1st DCA 1988) (footnote omitted) (emphasis in original).
discussed Cited "see" Pc v. Department of Children and Family
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
See In re W.P., 534 So.2d 905 (Fla. 2d DCA 1988) (holding that physical abuse to support dependency adjudication was not shown by evidence that mother pulled child's hair and father slapped child's face, leaving a mark that did not require medical attention); see also J.C. v. Dep't of Children & Families, 773 So.2d 1220 (Fla. 4th DCA 2000) (holding that bruises inflicted with belt did not constitute excessive or abusive corporal discipline to support dependency).
discussed Cited "see, e.g." TG v. Department of Children and Families
Fla. Dist. Ct. App. · 2006 · signal: compare · confidence low
Compare S.L. v. Dep't of Children & Families, 787 So.2d 973, 974 (Fla. 5th DCA 2001) ("Most corporal punishment, even that which is not excessive, produces temporary marks of some kind.") and J.C. v. Dep't of Children & Families, 773 So.2d 1220 (Fla. 4th DCA 2000) (finding father's routine spanking of his oldest child with a belt, which on one occasion caused a bruise on the child's buttocks, did not qualify as excessive corporal discipline because the bruises were insignificant, did not constitute temporary disfigurement, and did not put the child at risk of imminent abuse or cause the child …
Retrieving the full opinion text from the archive…
In the Interest of W.P., a Child.
88-808.
District Court of Appeal of Florida, Second District.
Dec 9, 1988.
534 So. 2d 905
Parker.
Cited by 2 opinions  |  Published

Robert C. Miller, Bradenton, for appellants.

Dept. of Health and Rehabilitative Services, Legal Div., for appellee.

PARKER, Judge.

The parents of W.P. appeal the trial court's order adjudicating W.P. to be a dependent child. We reverse.

The Department of Health and Rehabilitative Services (HRS) filed a petition for dependency on behalf of W.P., alleging that W.P. was an abused child. The petition specifically alleged that W.P.'s father slapped the daughter on the side of the face with his hand and that the mother pulled W.P.'s hair. The trial court, finding physical abuse, entered an order of dependency requiring protective service supervision by HRS.

HRS is required to establish the status of dependency, as alleged in its petition, by the preponderance of the evidence. § 39.408(2)(b), Fla. Stat. (1985). We have examined the record and find insufficient evidence to establish that W.P.'s parents "abused" her, as that term is defined in section 39.01(2), Florida Statutes (1985). Abuse is defined in the statute as "any willful act that results in any physical, mental, or sexual injury that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired." Here, the facts adduced at the adjudicatory hearing are undisputed. The father admitted slapping W.P. on the side of her face with his open hand when W.P. used vulgar language toward her mother. Then W.P. pushed her father against the wall which caused the mother to pull W.P.'s hair. The father's hand left a mark on W.P.'s face; however, she required no medical attention. Further, there was no testimony from any witness that the slap or hair pulling significantly impaired W.P.'s physical, mental, or emotional health. Accordingly, the trial court's order granting the petition for dependency on the ground of abuse must be reversed. See In the Interest of T.S., 511 So.2d 435 (Fla. 2d DCA 1987).

REVERSED.

FRANK, A.C.J., and THREADGILL, J., concur.