Legal Opinion

S.M. v. Department of Children & Family Services

District Court of Appeal of Florida

Decided December 13, 2006No. 3D05-1953Published

1Per curiam

S.M. appeals a final judgment of dependency of her two children. We reverse, finding that the orders are not supported by substantial competent evidence. T.G. v. Dep’t. of Children & Families, 927 So.2d 104 (Fla. 1st DCA 2006).

At best, the record in this case demonstrates a single incident of corporal discipline, as testified to by the child. Section 39.01(30)(a)4, Florida Statutes (2005), states that corporal discipline may be considered excessive or abusive when it results in a physical injury, including “temporary disfigurement” or “[significant bruises or welts.” Here, there was no…

2Cases cited3 opinions

  1. TG v. Department of Children and FamiliesDistrict Court of Appeal of Florida · 2006
  2. AA v. Department of Children and FamiliesDistrict Court of Appeal of Florida · 2005
  3. L.M.C. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2006

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