K.S. v. Depart. of Children and Families, 136 So.3d 1289 (Fla. 1st DCA 2014)

The trial court found the children to be dependent based on the consent of Father.  No evidentiary hearing was held and no written findings were issued.  Mother had requested an evidentiary hearing within the statutory requirements but the trial court based the dependency solely on the father’s consent to dependency.  The First District Court of Appeal (First DCA) reversed the trial court’s dependency holding a dependency adjudication without an evidentiary hearing and without written findings is contrary to the law.  The First DCA also cited Morterio v. State, 477 So. 2nd 45, 45-46 (Fla. 3rd DCA 1985), which held that the consent of one parent does not affect the parental rights of the other parent.

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