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I.T. v. STATE, DEPT. OF HEALTH & REHAB. SERV.

No. 87-2082.

532 So.2d 1085 (1988)

In the Interest of I.T., a Child, Appellant, v. The STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing October 11, 1988.

Attorney(s) appearing for the Case

Virginia Lee Stanley, Barbara Green, Miami, Terence J. Anderson, Coral Gables, for appellant.

Robert A. Butterworth, Atty. Gen., and Joseph Lewis, Jr., Asst. Atty. Gen., for appellee.

S. David Sheffman, Miami Beach, for guardian ad litem.

Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.

JORGENSON, Judge.

The parents of I.T. appeal from an order of the trial court adjudicating their infant son to be dependent. We reverse upon a finding that the state has failed to show by a preponderance of the evidence that I.T. is at risk of prospective neglect.

The Department of Health & Rehabilitative Services (HRS) removed I.T. from his mother and father shortly after I.T.'s birth in November, 1986. HRS thereafter filed an amended petition alleging...

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