Avery v. Department of Health & Rehabilitative Services

Appellant Donna Avery appeals a final order adjudicating her three minor children dependent. Appellant contends that the trial court erred in adjudicating the children dependent because the state failed to prove by a preponderance of the evidence that the children were abandoned, abused, or neglected and that the children’s physical, mental, or emotional health was significantly impaired. We agree and reverse the dependency order because there is insufficient evidence in the record to support the trial court’s finding of neglect and adjudication of dependency.

Additionally, we note that the…