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Fetters v. DHRS

District Court of Appeal of Florida, Fifth District
Dec 18, 1991
589 So. 2d 959 (Fla. Dist. Ct. App. 1991)

Summary

finding evidence that father had physically abused stepchild legally insufficient to support determination that father's natural child was dependent

Summary of this case from Eddy v. Department of Children & Family Services

Opinion

No. 90-2187.

October 31, 1991. Rehearing Denied December 18, 1991.

Appeal from the Circuit Court, Orange County, Walter Komanski, J.

Roger L. Weeden, Orlando, for appellant.

Patricia A. Savitz, Dept. of Health and Rehabilitative Services, Orlando, for appellee.


D., the natural child of Ronald Fetters, appellant, was adjudicated to be dependent almost entirely because the father had physically abused a step-child, T. The father has emotional and psychological problems but there was no evidence that he abused his natural child, D. We have examined the facts and circumstances in this case and find them legally insufficient to support a determination of dependency and the placing of the child's custody with HRS.

The order adjudicating dependency and disposition as to the natural child, D., is, accordingly,

REVERSED.

DAUKSCH, W. SHARP, and COWART, JJ., concur.


Summaries of

Fetters v. DHRS

District Court of Appeal of Florida, Fifth District
Dec 18, 1991
589 So. 2d 959 (Fla. Dist. Ct. App. 1991)

finding evidence that father had physically abused stepchild legally insufficient to support determination that father's natural child was dependent

Summary of this case from Eddy v. Department of Children & Family Services

reversing dependency of natural child where father had sexually abused a stepchild-with no further showing of risk to current child

Summary of this case from In the Interest of M.F
Case details for

Fetters v. DHRS

Case Details

Full title:RONALD FETTERS, APPELLANT, v. DEPARTMENT OF HEALTH AND REHABILITATIVE…

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 18, 1991

Citations

589 So. 2d 959 (Fla. Dist. Ct. App. 1991)

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