J.B. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 1D05-3387.

928 So.2d 392 (2006)

J.B., III father of J.B., a child, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, First District.

April 7, 2006.


Attorney(s) appearing for the Case

Richard D. Ogburn, Esq., Panama City, for Appellant.

David M. Noll, Esq., Florida Department of Children and Families, Panama City, for Appellee.


HAWKES, J.

The Department of Children and Families (DCF) obtained an order adjudicating 12-year-old J.B. dependent. The adjudication was based on J.B.'s exposure to small quantities of marijuana and residual amounts of cocaine in several areas of J.B.'s house. Appellant, J.B.'s father, argues mere exposure to small quantities of illicit drugs, standing alone, cannot support a finding of dependency. We agree and reverse.

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