M.W. v. Department of Children & Family Services
Florida District Court of Appeal
881 So. 2d 734 (2004)
M.W. (defendant) sexually abused his stepdaughter J.G. for three years starting when she was ten, agreeing to a consent order declaring her dependent and removing her from his custody while criminal charges were pending; he also had three young natural daughters he had never been shown to abuse. A psychologist found M.W. unlikely (though somewhat more likely because of his history) to abuse his natural daughters, but found a high risk of recidivism as to J.G., noting M.W. blamed her, showed no remorse, was psychologically disturbed, and had never completed the recommended sex-offender treatment; the trial court nonetheless declared his natural daughters dependent based on the totality of these circumstances, and M.W. appealed.
Whether it was appropriate for a court to remove three young girls from their biological father's custody where the father sexually abused a stepdaughter for three years without any show of remorse but was deemed unlikely to abuse his natural daughters.