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Mw v. Dep't of Children and Family Serv.

District Court of Appeal of Florida (2004) | 881 So. 2d 734; 2004 Fla. App. LEXIS 13653; 2004 WL 2049971

4 min read

TL;DR: A father sexually abused his stepdaughter. The court found his young natural daughters dependent, ruling that even a low, non-zero risk of future sexual abuse is legally sufficient to justify state protection due to the extreme severity of the potential harm.

Legal Significance: Establishes that in dependency proceedings, a finding of "substantial risk of imminent abuse" does not require a high probability of harm. Even a low statistical risk can be legally sufficient when the potential harm, such as sexual abuse, is exceptionally severe.