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Gelrod v. Dept. of Health

District Court of Appeal of Florida, Third District
Feb 1, 1995
648 So. 2d 862 (Fla. Dist. Ct. App. 1995)

Opinion

No. 94-1621.

February 1, 1995.

An Appeal from the Circuit Court of Dade County; Adele Segall Faske, Judge.

William S. Pollak, Miami, for appellant.

Cooper Wolfe, Christine M. Ng and Robin H. Greene, Miami, for appellee.

Before JORGENSON, COPE and GODERICH, JJ.


The mother, Samantha Gelrod, appeals from an amended final order adjudicating her son, J.A., dependent. We affirm.

The mother, contends that the evidence of neglect is legally insufficient to support an adjudication of dependency in accordance with section 39.01(37), Florida Statutes (1993). We disagree.

"An adjudication of dependency must be based upon a showing of abuse, abandonment, or neglect." I.T. v. Department of Health and Rehabilitative Servs., 532 So.2d 1085, 1087 (Fla. 3d DCA 1988); § 39.01(10)(a), Fla. Stat. (1993). Additionally, "[p]roof of neglect sufficient to establish a state of dependency must be met by a preponderance of the evidence standard." I.T., 532 So.2d at 1087; § 39.408(2)(b), Fla. Stat. (1993).

After a review of the record, we find that there is a preponderance of the evidence to support the trial court's finding that the mother neglected her child. Therefore, the trial court properly adjudicated J.A. dependent.

Accordingly, we affirm.


Summaries of

Gelrod v. Dept. of Health

District Court of Appeal of Florida, Third District
Feb 1, 1995
648 So. 2d 862 (Fla. Dist. Ct. App. 1995)
Case details for

Gelrod v. Dept. of Health

Case Details

Full title:SAMANTHA GELROD, APPELLANT, v. DEPARTMENT OF HEALTH AND REHABILITATIVE…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 1, 1995

Citations

648 So. 2d 862 (Fla. Dist. Ct. App. 1995)

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