M.S. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 4D08-3512.

6 So.3d 102 (2009)

M.S., the Father, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

District Court of Appeal of Florida, Fourth District.

April 1, 2009.


Attorney(s) appearing for the Case

Phillip Massa, J. Patrick Reynolds, James Williams, and Debbie Maken, Legal Intern, West Palm Beach, for appellant.

Patricia M. Propheter, West Palm Beach, for appellee Department of Children and Families.

Jennifer S. Paullin, Orlando, for appellee Guardian Ad Litem Program.


WARNER, J.

A father appeals a final judgment adjudicating his daughter a dependent. He claims that the court erred in admitting Maryland child welfare records involving his family as business records, as well as permitting the telephonic testimony of a Maryland social service witness without his consent. We agree that the records, which contained hearsay statements, were improperly admitted. Further, without the consent of both parties, the Maryland witness could...

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