Moore v. State

Although we sympathize with the trial judge in his concern for the welfare of two small minor children, we find the evidence insufficient to declare them dependent and therefore reverse the adjudication of dependency. We remand the matter to the trial court to receive additional evidence as to neglect by the mother and if such is found, what would be in the best interest of her two children.

We find that the proper degree of proof in a dependency action is by a preponderance of the evidence. Section 39.-408(l)(b) Florida Statutes (1981). A greater degree of proof is required to sustain an…