D.A.O. v. Department of Health & Rehabilitative Services

ERVIN, Judge.

D.A.O. appeals the final order of the Department of Health and Rehabilitative Services (DHRS), denying his request for expunction of a report that he had abused T.O., a child. Because we conclude that D.A.O., the uncle of T.O., was not a “person legally responsible for the child’s welfare,” as required by Section 415.503(12), Florida Statutes (1987), we reverse and remand with directions.

The sole issue in this case is whether appellant’s alleged acts of sexual intercourse with the child constitute “child abuse” under section 415.503. Subsection (3) defines “child abuse” as “harm…