Legal Opinion · Dissent

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

District Court of Appeal of Florida

Decided May 7, 1990No. 88-2376Published

1DissentWentworth, Judge

I would conclude for affirmance on the ground that the undisputed sexual batteries by D.A.O. on his niece T.O., commencing when she was five and ending when he was nineteen while both resided in the child’s grandparents’ home, brought him within the definition of child abuse in section 415.503(3) and (12), Florida Statutes, as including harm by specified custodians “or other person [e.s.] responsible for the child’s welfare”:

‘other person responsible for a child’s welfare’ includes ... any other person legally responsible for the child’s welfare in a residential setting, (e.s.)

Societal…

2Cases cited4 opinions

  1. Hall v. StateSupreme Court of Florida · 1939
  2. Commonwealth v. MacKSupreme Court of Pennsylvania · 1976
  3. Slaughter v. StateDistrict Court of Appeal of Florida · 1989
  4. Wm v. Dept. of Health & Rehab. Servs.District Court of Appeal of Florida · 1989

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