Opinion
No. 4D08-3929.
April 15, 2009. Rehearing Denied May 7, 2009.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; David Krathen, Judge; L.T. Case No. 07-11408 CJ-DP.
Roger Ally of the Law Offices of Roger Ally, P.A., Fort Lauderdale, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Christy Fisher, Assistant Attorney General, Fort Lauderdale, for appellee.
The father appeals an order adjudicating his 7 year old child dependent. Setting aside the evidence of the child's presence during a domestic violence incident, which was minimal, the finding that the child suffered mental harm as a result of witnessing the domestic violence incident was not supported by competent substantial evidence. The only evidence of harm to the child came from the hearsay testimony from a child advocate. See B.C. v. Dep't of Children Families, 846 So.2d 1273 (Fla. 4th DCA 2003); K.V. v. Dep't of Children Family Servs., 939 So.2d 200 (Fla. 2d DCA 2006); K.B. v. Dep't of Children Family Servs., 937 So.2d 709 (Fla. 2d DCA 2006). We therefore reverse the adjudication of dependency.
GROSS, C.J., POLEN and FARMER, JJ., concur.