M.S. v. Department of Children and Families
--- So.3d ----, 2011 WL 1773469
Fla.App. 3 Dist.,2011.
May 11, 2011 (Approx. 1 page)
Florida dependency case law on drugs is a funny thing. It’s not a dependency per se to use drugs, unless you use drugs while pregnant and the child is born exposed (there is no equivalent per se harm for fathers). FSA 39.01(32)(g)1. For anything else you have to show harm to the child. FSA 39.01(32)(g)2. It is a dependency if you sell drugs in your home where the children live because drug selling is an inherently dangerous activity (wanton disregard?), J.O. v. DCF, 970 So.2d 395 (Fla 3d DCA 2007), and it’s a dependency even if you sell drugs in the shed outside your house, because presumably drug buyers will walk through your house to buy some drugs. J.C. v. DCF, 937 So.2d 184 (Fla. 3d DCA 2006). There is no case deciding what happens if you make the drug buyers walk around the house instead of through it. However, it is not a dependency if the child just frequents a place where drugs are sold. R.S. Sr. v. DCF, 16 So.3d 948 (2009). How that makes any sense, I do not know.
This case, M.S., basically boils down to whether it is a dependency to date a drug dealer. The Third DCA answered no.