W.M. v. Department of Health and Rehabilitative Services

Summary

The Florida First District Court of Appeal affirmed an administrative order denying W.M.'s request to expunge a child-abuse registry report. The court held that the child's deposition was admissible under Florida Rule of Civil Procedure 1.330 and could support the agency's findings. It also held that reclassifying the report from "indicated substantiated" to "confirmed" did not violate the ex post facto doctrine because the governing statute was protective rather than penal.

Holdings

1. A deposition of a witness who is outside the state is admissible under Florida Rule of Civil Procedure 1.330(a)(3)(B), even without a separate showing of unavailability under section 90.804, and the hearing officer may rely on that deposition to support findings when it is admissible over objection in a civil proceeding.
2. Applying section 415.504 to reclassify the report from indicated substantiated to confirmed did not violate the ex post facto doctrine because section 415.504 is not a penal statute.

Questions Presented

1. Whether the hearing officer improperly admitted and relied on the child's deposition as hearsay in the administrative expunction proceeding.
2. Whether applying the statutory reclassification of the abuse report from indicated substantiated to confirmed violated the ex post facto doctrine.

Disposition

affirmed