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DEPARTMENT OF CHILDREN & FAMILIES, Appellant, v. B.G., a child, Appellee

Florida District Court of Appeal2016-06-08No. No. 4D15-4793
192 So. 3d 1256

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Opinion

majority opinion

PER CURIAM.

We reverse the dismissal of the dependency petition. Appellant’s dependency petition stated a prima facie case of dependency by alleging that the child tested positive for a controlled substance at birth. See § 39.01(2), (30)(g), Fla. Stat. (2015). Count II of the petition alleged, among other things, an imminent threat of abuse. A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). Abuse can result from a willful act resulting in “harm,” and “harm” can now be established by a positive drug test at birth. § 39.01(30)(g)(1).

Reversed and remanded.

GROSS, FORST and KLINGENSMITH, JJ., concur.