District Court of Appeal of Florida

An order adjudicating a mother's two minor children dependent as to her is affirmed where: 1) the trial court's ruling adjudicating the children dependent based upon neglect and substantial risk of imminent neglect was supported by competent substantial evidence; and 2) its decision to conduct an adjudicatory hearing without the mother being present and while she was still deemed incompetent was proper since the mother's rights were adequately protected and, to the extent her due process rights were affected by the decision to proceed, those rights must yield to the needs of the children.

Appellate Information

• Decided 12/13/2006
• Published 12/13/2006

Judges

• SHAHOOD, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Jeffrey B. Levy of Law Office of Jeffrey B. Levy, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeffrey P. Bassett, Assistant Attorney General, Fort Lauderdale, for appellee.