The 2023 Florida Statutes (including Special Session C)
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. . . ." § 39.01(1), Fla. Stat. (2018). . . .
. . . ." § 39.01(15), Fla. Stat. (2017). . . . ." § 39.01(50), Fla. Stat. (2017). . . .
. . . Chapter 39 "plastics" refer to materials of headings 39.01 to 39.14 which are or have been capable, either . . .
. . . pursuant to section 39.806(1)(b), Florida Statutes (2017), it alleged abandonment as defined in section 39.01 . . . rights under section 39.806(1)(b), Florida Statutes (2017), if there is "[a]bandonment as defined in s. 39.01 . . . Under section 39.01(1), Florida Statutes (2017), abandonment occurs when a parent: while being able, . . .
. . . conduct constituting abuse, abandonment, and neglect of the children within the meaning of section 39.01 . . . had engaged in conduct that constituted abuse, abandonment, and neglect of the children under section 39.01 . . . Father engaged in conduct that constitutes abuse, abandonment, and neglect of the children under section 39.01 . . . engaging in conduct that constituted abuse, abandonment, and neglect of the children under section 39.01 . . .
. . . as domestic violence in the home constitutes child abuse only if the child is present); see also § 39.01 . . .
. . . As pertinent here, section 39.01(47), Florida Statutes (2018), defines "medical neglect" as: the failure . . .
. . . 39.806(1)(b) permits termination of parental rights based on abandonment, which is defined in section 39.01 . . . While section 39.01(1) provides that "marginal efforts" and "incidental or token visits" will not prevent . . . Dep't of Child. & Fams., 162 So.3d 335, 339 (Fla. 4th DCA 2015) (citing § 39.01(1), Fla. . . .
. . . ." § 39.01(78), Fla. Stat. (2018). . . .
. . . Section 39.01(78), Florida Statutes (2017) , provides that " 'substantial compliance' means that the . . . will not be endangered upon the child's remaining with or being returned to the child's parent." § 39.01 . . . Effective July 1, 2018, the definition of "substantial compliance" appears in section 39.01(84), Fla. . . .
. . . (2), 39.01(15)(a), and/or 39.01(15)(f), such that the Child and Father are in need of services to address . . . See § 39.01(71)(d). . . . See § 39.01(71)(d). . . . See § 39.01(71)(d). . . . (2), 39.01(15)(a), and 39.01(15)(f). . . .
. . . Preparations specially formulated for use as adhesives, consisting of polymers or blends thereof of headings 39.01 . . .
. . . for dependency, alleging, in part, as follows: (1) the mother abandoned L.W., as defined in section 39.01 . . . the child, among other things, is at "substantial risk of imminent abuse ... by the parent ...." § 39.01 . . . In section 39.01(2), Florida Statutes (2017), "abuse" is defined as "any willful act or threatened act . . . See § 39.01(15)(f), Fla. Stat. (2017). . . .
. . . Approved Instructions (Civil) 39.01 (7th ed.). . . .
. . . Section 39.01(1) makes such efforts insufficient: For purposes of this subsection, "establish or maintain . . . are not sufficient to establish or maintain a substantial and positive relationship with a child . § 39.01 . . . . § 39.01(1), Fla. Stat. (2016) (emphasis added). . . .
. . . When facts supporting a finding of dependency under any of the statutory grounds set forth in section 39.01 . . .
. . . See also § 39.01(2), Fla. Stat. . . .
. . . . § 39.01(50), Fla. Stat. (2013). . . . prospective parents and any other person whose participation may be in the best interest of the child. § 39.01 . . . See § 39.01(51), Fla. . . .
. . . See § 39.01(51), (52), Fla. Stat. (2017). See also C.M. v. . . .
. . . DCA 2015), quashed on other grounds, 215 So.3d 1219 (Fla. 2017) (interpreting “includes” in section 39.01 . . .
. . . Section 39.806(1)(b), Florida Statutes, permits termination in cases of “Abandonment as defined in s. 39.01 . . . repeated incarceration, or extended incarceration of a parent ... may support a finding of abandonment. § 39.01 . . .
. . . .” § 39.01(77). Thus, substantial compliance means more than simply completing tasks. . . . Section 39.01(2) defines “abuse” as “any willful act or threatened act that results in any physical, . . . “Harm” is defined to include “lewd or lascivious acts, as defined in chapter 800,” § 39.01(30)(b), which . . . And section 39.01(70) defines “sexual abuse of a child” to include “(e) [t]he intentional masturbation . . . Citations to section 39.01 in the remainder of this opinion will be to the 2016 version. . . . .
. . . By agreement of the parties and pursuant to Local Rule 39.01(c)(6), direct testimony of expert witnesses . . .
. . . any claim for a determination that B.R.C.M. is a dependent child on the ground enumerated in section 39.01 . . . of the claims made on these two grounds requires a journey through the definitional maze of section 39.01 . . . Abandonment is defined in section 39.01(1) as a situation in which the parent or legal custodian of a . . . The definition of caregiver in section 39.01(10) includes a “person responsible for a child’s welfare . . . The allegations of the petition also fail to support the claim under section 39.01(15)(f) that B.R.C.M . . . was filed on behalf of B.R.C.M. alleging three grounds for adjudication of dependency under section 39.01 . . . appropriate form and contents of a dependency petition; and recognized that the applicable law, section 39.01 . . . Consistent with this purpose, section 39.01(15) provides seven independent grounds upon which a child . . . The petition asserted three grounds for dependency under section 39.01(15), and alleged sufficient facts . . .
. . . Hazard, Jr. et al., The Law of Lawyering § 39.01 (4th ed. 2016). . . .
. . . In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01 . . .
. . . Section 39.01(30)(g), Florida Statutes (2016), provides that "harm” to a child’s health or welfare can . . . substance or alcohol by a parent when the child is demonstrably adversely affected by such usage. § 39.01 . . .
. . . .” § 39.01(15)(e), Fla. Stat. (2015). . . . In contrast to section 39.01(15)(g), the fact that Appellant’s adult sister was a “responsible adult . . . of providing the necessary and appropriate supervision and care” is not determinative under section 39.01 . . . For whatever reason, the lawmakers who drafted section 39.01 chose to limit the definition of “Child . . . The textual discrepancy between sections 39.01(15)(e) and 39.01(15)(g) can be eliminated with little . . .
. . . (age seven at- that time), petitioned for an adjudication of dependency under section 39.01(1-5)(e), . . . The children petitioned for an adjudication of dependency based on section 39.01(15)(e), Florida Statutes . . . aunt was not a “parent or legal custodian capable of providing supervision and care” under section 39.01 . . .
. . . See § 39.01(15)(a), (f), Fla. Stat. (2015). . . . likely to cause the child’s physical, mental, or emotional health to be significantly impaired.” § 39.01 . . .
. . . without considering further evidence, the trial court adjudicated the children dependent under sections 39.01 . . . (41) and 39.01(44) of the Florida Statutes. . . . Section 39.01(41) empowers the circuit court to find a child dependent upon finding of dependency based . . . Section 39.01(44) more broadly empowers a court to adjudicate a child dependent upon a finding of “neglect . . .
. . . See § 39.01(44), Fla. Stat. (2015); A.W. ex rel. B.W. v. . . . See § 39.01(2), Fla. . . .
. . . See § 39.01(15)(f), Fla. . . . Stat. (2015); see also § 39.01(2) (defining “abuse” as any willful act that results in any harm that . . . likely to cause the child’s physical, mental, or emotional health to be significantly impaired); § 39.01 . . .
. . . T.J., 59 So.3d 1187 (Fla. 3d DCA 2011), regarding the definition of a dependent child under section 39.01 . . . BACKGROUND A private petition for an adjudication of dependency under sections 39.01 (15)(a) and (e), . . . The trial court ruled that O.I.C.L. did “not qualify as dependent under section 39.01 because he left . . . The Fourth District ruled that the uncle qualified as a “caregiver” under section 39.01(10), Florida . . . Section 39.01(12), Florida Statutes, further provides that “ ‘[cjhild’ or ‘youth’ means any unmarried . . . The petition alleged that Y.V. was a dependent child pursuant to sections 39.01(15)(a) and 39.01(15)( . . . See § 39.01(15), Fla. Stat. See also In re Y.V., 160 So.3d at 578. . . . However, the trial court failed to address O.I.C.L.’s dependency under section 39.01 (15)(e), despite . . . To properly determine O.I.C.L.’s dependency under section 39.01(15)(e), the trial court must examine . . . Thus, the trial court’s denial of the dependency petition with regard to section 39.01(15)(e) cannot . . .
. . . to see C.B. during the scheduled visits, we reverse as to the finding of abandonment under sections 39.01 . . . Dep’t of Child. & Fams., 162 So.3d 335, 339 (Fla. 4th DCA 2015) (citing § 39.01(1), Fla. . . .
. . . .” § 39.01(20) Fla. Stat. (2016). . . . Stat. (2016); § 39.01(3), Fla. Stat. (2016). . . . .
. . . petition, seeking an adjudication finding her minor son, F.J.G.M., dependent as defined in section 39.01 . . . who has been “abandoned, abused, or neglected by the child’s parent or parents or legal guardians.” § 39.01 . . . dispute and, based on the alleged facts, F.J.G.M. is not a “dependent” child as defined in section 39.01 . . . Section 39.01(1), Florida Statutes (2015), defines “abandonment” as: [A] situation in which the parent . . . allegations, and supporting affidavit in this case failed to establish abandonment as defined in section 39.01 . . .
. . . See § 39.01 Fla.Stcdr Give as applicable. § 981p.08(9), Fla. Stat. . . .
. . . A.G. charging both B.J. and F.G. based on a substantial risk of imminent neglect and abuse (section "39.01 . . . (15)©, Florida Statutes (2015)) and harm (section 39.01(30)(1)). . . .
. . . See § 39.01(2), (30)(g), Fla. Stat. (2015). . . . A “substantial risk of imminent abuse” is grounds for dependency. § 39.01(15)(f). . . . . § 39.01(30)(g)(1). Reversed and remanded. GROSS, FORST and KLINGENSMITH, JJ., concur. . . .
. . . Florida Statutes, provides: An action founded on alleged abuse, as defined in s. 39.01, s.- 415.102, . . . The three definitions of'abuse found in sections 39.01, 415.102, and 984.03, however, do not apply to . . . Rather, section 39.01 outlines separate subsections for definitions of abuse where an institution is . . . See '§ 39.01(32), (47), Fla. Stat. (2014). . . .
. . . trial court’s finding that Appellant and A.D.’s mother subjected A.D. to abuse as defined by section '39.01 . . .
. . . order the child dependent, but taken together, show that the child “has been harmed,” as defined- in § 39.01 . . . (30)(k) and (l), and that the child is at “prospective risk of neglect,” pursuant to § 39.01(44) as a . . . See § 39.01(14)(a) & (f), Fla. Stat. (2002). . . . likely to cause the child’s physical, mental, or emotional- health to be significantly impaired.” § 39.01 . . . controlled substance or alcohol” if “the child is -demonstrably adversely affected by such usage,” § 39.01 . . .
. . . See § 39.01(f9), Florida Statutes, if the defendant’s status as a parent is at issue. §■ 827.03,_ Fla . . . See § 39.01(49), Florida Statutes, if the defendant’s status as a parent is at issue. . § 827.03 Fla. . . .
. . . .” § 39.01(70), Fla. Stat. (2015). . . .
. . . parent’s parental rights, The petition alleged that the Father abandoned the child as defined in section 39.01 . . . are , not sufficient to establish or maintain a substantial and positive relationship with a child. § 39.01 . . . Father failed to maintain a substantial and positive relationship with the child as defined by section 39.01 . . .
. . . alcohol by a parent when the child is demonstrably adversely affected by such usage.’ ” (quoting § 39.01 . . .
. . . . §§ 39.01(15)(a),(f); 39.501, Fla. Stat. (2014). . . .
. . . Lowery violated at least one statute of the United States, such as: Title 8, Chapter 39.01(a)(1); Title . . .
. . . -E. dependent, on the ground that the trial court misapplied section 39.01(15)(a), Florida Statutes, . . . -E. declared a dependent child as defined in section 39.01(15), Florida Statutes, because the child was . . . has little if any present effect on the child, to support an adjudication of dependency under section 39.01 . . . But to construe the definition' of dependency in section 39.01(15)(a) as including every child living . . . In re Y.V., 160 So.3d at 578, citing § 39.01(15)(a) & (f), Fla. Stat. . . .
. . . .- — An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, . . .
. . . Abandonment by S.A,R.D.’s father Section 39.01(1), Florida Statutes (2015), defines “abandonment” as: . . . See § 39.01(10), Fla. . . . Neglect by S.A.R.D.’s mother ■ Section 39.01(30) Florida Statutes (2015) provides: “Harm” to a child’ . . . Section 39.01(44) specifically recognizes that a finding of neglect requires a willfulness component . . . (3)(f) and 39.01(44), and the trial court correctly denied S.A,R.D.’s petition based on his claim of . . .
. . . immigrant from Honduras, seeks an adjudication of dependency based on three separate subsections of section 39.01 . . . that these and additional facts establish that: he has been abandoned by each of his parents (section 39.01 . . . has no parent or legal custodian capable of providing adequate supervision and care for him (section 39.01 . . . risk of imminent abuse, abandonment, or neglect by his parent, parents, or legal custodian (section 39.01 . . .
. . . As to abandonment, section 39.01 of the Florida Statutes states: (1) “Abandoned” or “abandonment” means . . . See § 39.01(10), Fla. Stat. (Emphasis added.). . . . Section 39.01(2) of the Florida Statutes defines “Abuse” as follows: (2) “Abuse” means any willful act . . . Section 39.01(44) of Florida’s dependency law defines “neglect” as follows: (44) “Neglect” occurs when . . . The other claims in this case are that B.R.C.M. is dependent on the court pursuant to section 39.01(15 . . . who makes “no' request for services” may nonetheless be “dependent” — as defined by Florida Statute § 39.01 . . . -H. considered dependency only under section 39.01(15)(a) (abandonment, abuse, or neglect by the child . . . And B.R.C.M. ⅛ godmother is not a “legal custodian” under the definition applicable to section 39.01( . . . District held in In re Y.V., such allegations present prima facie grounds for dependency under sections 39.01 . . . with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care.” § 39.01 . . .
. . . E.P.N.’s petition alleged that she was abandoned by her father and thus dependent under section 39.01 . . . She sought a determination of dependency as to each-parent on those grounds under section 39.01(15)(f . . .
. . . to aggravated child abuse as defined iris. 827.03, sexual battery or sexual abuse as defined in s. 39.01 . . .
. . . Beagle, 678 So.2d 1271 (Fla.1996))); see also § 39.01(49), Fla. . . .
. . . See § 39.01(15)(f), Fla. Stat. (2014). . . .
. . . Abandonment, under section 39.01, Florida Statutes, is defined in pertinent part as follows: (1) “Abandoned . . . failed to establish or maintain a substantial and positive relationship with the child, or both. § 39.01 . . .
. . . petitioner on behalf of the Child presented evidence of a prima facie case of dependency under section 39.01 . . . Child because she kicked him out of her home when he turned seventeen years old pursuant to section 39.01 . . . Dep’t of Children & Families, 880 So.2d 1279 (Fla. 4th DCA 2004), does not address section 39.01(15)( . . . See § 39.01(1), (10), (47), Fla. Stat. . . . Although the majority opinion does recognize section 39.01(15)(e) as a basis for finding dependency, . . . .” § 39.01(15)(a), (e), Fla. Stat. (2014). . . . Section 39.01(47) allows certain employees of certain governmental agencies, such as the immigration . . . See § 39.01(10) (defining caregiver in part as an “adult household member”); see also § 39.01(47) (stating . . . Finally, section 39.01(30)(f) provides: Neglects the child. . . . . § 39.01(30)(f) (emphasis added). . . .
. . . The trial court denied the petition, holding that B.Y.G.M. was not dependent, pursuant to section 39.01 . . . substantial risk of imminent abuse, abandonment or neglect by the parent or parents or legal custodians.” § 39.01 . . . However, section 39.01 allows a court to find dependency as to one parent. See § 39.01(15), Fla. . . .
. . . petition for dependency in which he sought a finding of abandonment as to his father, pursuant to section 39.01 . . . evidence to support KB.L.V.’s dependency adjudication as an abandoned child within the meaning of section 39.01 . . . KB.L.V. sought to have himself de^ dared dependent as to his father, pursuant to section 39.01(15)(a) . . . See § 39.01(15), Fla. Stat. (2013). . . . to support K.B.L.V.’s dependency adjudication as an abandoned child within, the meaning of section 39.01 . . . in B.Y.G.M., the petitioner here asks us to read a single subsection of the Florida dependency law, 39.01 . . .
. . . Section 39.01 provides a lengthy list of purposes, the first of which is “[t]o provide for the care, . . . The applicable law, section 39.01(15), Florida Statutes (2013), sets out seven independent grounds for . . . Two grounds were alleged in the petition to adjudicate Y.V. dependent: section 39.01(15)(a), which requires . . . abandoned, abused, or neglected by the child’s parent or parents or legal custodians,” and section 39.01 . . . Cf. § 39.01(15)(f) (setting forth a separate ground for dependency when the child is “at substantial . . .
. . . rights, finding the evidence was clear and convincing that A.S. abandoned J.A. as defined in section 39.01 . . . are not sufficient to establish or maintain a substantial and positive relationship with a child. § 39.01 . . . prospective parent, unless the parental status falls within the terms of s. 39.503(1) or s. 63.062(1). § 39.01 . . . This established pace constitutes “frequent and regular contact with the child.” § 39.01(1), Fla. . . . rights may be established under any of the following circumstances: (b) Abandonment as defined in s. 39.01 . . .
. . . See §§ 39.01(59), 39.521(l)(b)3., Fla. Stat. (2000). . . . status in dependency cases that provides a vulnerable child a safe home, subject to court review. § 39.01 . . .
. . . .” § 39.01(44), Fla. Stat. (2013); see also K.R. v. . . . likely to harm the child is purely speculative and does not rise to the level of neglect under section 39.01 . . .
. . . See § 39.01(1.9), Florida Statutes, if the defendant’s status as a parent is at issue. § 827.03 Fla. . . . See § 39.01(49), Florida Statutes, if the defendant's status as a parent is at issue. § 827.03 Fla. . . . -Judge-. — See §-39M(Jf9), Florida Statutesy-if — the—defendants stat%is as-a parent is-at-issu&r § 39.01 . . .
. . . .” § 39.01(15)(f), Fla. Stat. (2013). . . . Abuse of a child includes acts or omissions.” § 39.01(2), Fla. Stat. (2013). . . . [finflicts or allows to be inflicted upon the child physical, mental, or emotional injury.” § 39.01(32 . . .
. . . . § 39.01(30)(e), Fla. Stat. . . .
. . . .” §§ 39.01(15)(f); 39.507(7)(a), Fla. Stat. (2013). . . . .” § 39.01(32)(a) Fla. Stat. (2013). . . . .” § 39.01(44), Fla. Stat. (2013). . . . See § 39.01(44), Fla. . . . as a result of the mother’s homelessness and unemployment to constitute imminent risk of neglect. § 39.01 . . .
. . . Dep’t of Children and Family Servs., 997 So.2d 513, 514-15 (Fla. 2d DCA 2008); see also §§ 39.01(15)( . . . See id. at 834; see also § 39.01(15)(a),(f). . . .
. . . H.C.(2) (collectively, “the Children”), dependent based on a finding of “abuse” as defined in section 39.01 . . . Section 39.01(2) defines “abuse” as follows: “Abuse” means any willful act or threatened act that results . . . petition also asserted that the Children were at substantial risk of neglect as defined in section 39.01 . . .
. . . pronounced at the September 30, 2013, hearing, finding the child dependent as to A.M. pursuant to section 39.01 . . .
. . . In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01 . . .
. . . .” § 39.01(15)(a), (f), Fla. Stat. (2013). . . . There being no evidence of actual harm to the children within the meaning of subsections 39.01(32)(f) . . . The application of section 39.01(15)(f) requires “the necessity of a continuing risk — not just a risk . . . Section 39.01(32)(f) states, in pertinent part: (f) Neglects the child. . . . Section 39.01(44) states, in part: "Neglect” occurs when a child is deprived of, or is allowed to be . . .
. . . .” § 39.01(2), Fla. Stat. (2013). “Harm” is defined as occurring “when any person ... . . . .” § 39.01(32)(a), Fla. Stat. (2013). . . . The Department failed to prove dependency as to the father regarding M.R. based upon section 39.01(2) . . . child was dependent based upon a substantial risk of imminent abuse or neglect pursuant to section 39.01 . . .
. . . . — An action founded on alleged abuse, as defined in s. 39.01, s. 415.102, or s. 984.03, or incest, . . .
. . . right to intervene and become parties rather than remain mere “participants” as defined by section 39.01 . . . Analysis Section 39.01(50) expressly includes foster parents as “participants” in a dependency proceeding . . .
. . . convincing evidence that the father abandoned the child as contemplated by sections 39.806(l)(b) and 39.01 . . . are not sufficient to establish or maintain a substantial and positive relationship with a child.” § 39.01 . . . may be terminated upon establishment that the parent has abandoned the child as defined in section 39.01 . . . Section 39.01(1) defines abandonment as "a situation in which the parent ... has made no significant . . . failed to establish or maintain a substantial and positive relationship with the child, or both.” § 39.01 . . .
. . . For example, section 39.01(49), Florida Statutes, defines “[pjarent” as “a woman who gives birth to a . . .
. . . Section 39.01(51), Florida Statutes (2012), defines a "party” as: [T]he parent or parents of the child . . . Section 39.01(50), Florida Statutes (2012), provides: “Participant,” for purposes of a shelter proceeding . . .
. . . . § 39.01(2), Florida Statutes? . . . disciplinary purposes-does not in itself constitute abuse-w-hen-it-does not result in harm to the-child,-] § 39.01 . . . .01 (56);-F-londa-Statutes,- manent-or-temporary disfigurement, or impairment of any bodily part. § 39.01 . . . See § 39.01(19), Florida Statutes, if the defendant’s status as a parent is at issue. § 39.01(35), Florida . . .
. . . . § 39.01(43) (2002); see also DuFresne v. . . .
. . . Definition of Plastic Film Under Heading 3921 The “expression plastics means those materials of headings 39.01 . . .
. . . John Slowinski, the child’s parent as defined in sections 39.01(49), 61.13001(1)(d) and 63.062(1)(b)1 . . .
. . . . § 39.01(49). . . . Id. § 39.01(55). . . .
. . . .” § 39.01(43), Fla. Stat. (2011). . . .
. . . .” § 39.01(73); cf. N.F. v. . . .
. . . filed a motion requesting that the Court not invoke the written narrative requirement of Local Rule 39.01 . . .
. . . See § 39.01(55), Fla. . . .
. . . reviewed the record and find that there was sufficient evidence that sexual abuse, as defined in section 39.01 . . .
. . . “Under section 39.01(14)(f), a child may be found dependent if the court finds the child to be ‘at substantial . . . Section 39.01(2), Florida Statutes (2011), defines abuse in pertinent part as follows: “[A]ny willful . . . Furthermore, section 39.01(44) provides as follows: “Neglect” occurs when a child is deprived of, or . . .
. . . Section 39.01(73), Florida Statutes (2011), provides that “ ‘[substantial compliance’ means that the . . .
. . . Because there was sufficient evidence of sexual abuse as defined by section 39.01, Florida Statutes ( . . . to aggravated child abuse as defined in s. 827.03, sexual battery or sexual abuse as defined in s. 39.01 . . . supports the trial court’s finding of clear and convincing evidence of sexual abuse as defined in section 39.01 . . .
. . . this assessment, a trial court must apply the definition of “abandoned” or “abandonment” in section 39.01 . . . custodian, or caregiver responsible for a child’s welfare may support a finding of abandonment.”). § 39.01 . . .
. . . Doe argues that because she was abused under the definition provided by section 39.01(2), Florida Statutes . . . Under section 39.01, Florida Statutes, "Abuse” means any willful act or threatened act that results in . . . disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child. § 39.01 . . .
. . . Applicable Law Section 39.01(15)(f), Florida Statutes (2010), requires a dependency adjudication if the . . . evidence of the father’s alcohol use or that it demonstrably affected the children as required by section 39.01 . . . prospective harm, abuse, or neglect from the mother nor did it meet the imminency requirement of section 39.01 . . . See § 39.01(15)(f), Fla. . . . Section 39.01(32) provides: “Harm” to a child's health or welfare can occur when any person ... . . .
. . . .” § 39.01(73), Fla. . . . and has failed to establish or maintain a substantial and positive relationship with the child.” § 39.01 . . .
. . . .” § 39.01(15)(f), Fla. Stat. (2011). . . . The order in this case purports to find that D.F. was “neglected” within the meaning of section 39.01 . . . Section 39.01 of the Florida Statutes defines “neglect” as follows: (44) “Neglect” occurs when a child . . .