05-1953 S.M. V. DCFS

State: Florida

Court: Florida Third District Court

Docket No: 05-1953 S.M. V. DCFS

Case Date: 12/13/2006

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2006

S.M., Appellant, vs. DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 04-15039 CASE NO. 3D05-1953

Opinion filed December 13, 2006. An Appeal from the Circuit Court for Miami-Dade County, Sarah Zabel, Judge. Albert W. Guffanti and David S. Molansky, for appellant. Mercedes E. Scopetta; Karla Perkins, for appellee.

Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge PER 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 Here, there

disfigurement" or "[s]ignificant bruises or welts."

was no evidence that the child had bruises of such significance or that he had any temporary disfigurement. not make any finding to this effect. Children & Families, 773 So. 2d 1220 The trial court did

See J.C. v. Dep't. of (Fla 4th DCA 2000).

Reasonable corporal discipline of a child by a parent or legal custodian for disciplinary purposes is not in itself abusive under the statute when it does not result in harm to the child.

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