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P.D. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 1D03-3044.

866 So.2d 100 (2004)

P.D., mother of C.W., a child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

January 29, 2004.

Attorney(s) appearing for the Case

Jennifer Cogdill, Fleming Island, for Appellant.

Lacey Noel, Assistant General Counsel, Department of Children and Families, Green Cove Springs, for Appellee.

KAHN, J.

P.D., the mother of C.W., appeals a dependency order entered by the trial court based solely upon a finding that the mother and child tested positive for cocaine at the child's birth. Because we conclude that a finding of harm under section 39.01(30)(g)1., Florida Statutes (2002), requires some showing of an adverse effect resulting from the mother's use of controlled substances or alcohol, we must reverse.

C.W. and P.D. each tested positive for the...

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