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Fifth DCA Stands by P.S. on 39.507(7)

While the issue is pending in the Third DCA, the Fifth DCA is standing by its interpretation of 39.507(7) that no prospective findings can be made on a second parent.

Assuming, in the present case, we were to treat the hearing conducted as that which was required under 39.507(7)(b), the trial court found Father did not abuse or neglect the  children. Instead, contrary to the procedure outlined in P.S. and the statute, the trial court improperly considered the issue of prospective abuse or neglect. This was error.

D.G. v. DCF, — So.3d —-, 2012 WL 511450 (Fla. 5th DCA 2012).

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