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C.M. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES

No. 3D06-3035.

954 So.2d 1184 (2007)

C.M., Appellant, v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES and Guardian Ad Litem Program, Appellees.

District Court of Appeal of Florida, Third District.

April 11, 2007.

Attorney(s) appearing for the Case

Richard F. Joyce, Orlando, for appellant.

Bernadette Noe, Tavernier; Hillary S. Kambour, for appellees.

Before FLETCHER and LAGOA, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

The judgment below finding a two-year-old child dependent as to his father is reversed because although there is evidence that the appellant was a user of cocaine, including in the presence of the child, there was no showing, as required, that this conduct caused any harm to the child or that he was either in existing or imminent danger of neglect.1 See J.B.M. v. Dep't of Children & Families, 870...

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