A.M.T., MOTHER OF G.T., A CHILD, PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
[*552] THOMPSON, J.
A.M.T., mother of G.T., a child, seeks certiorari review of a circuit court order sheltering the child. Although the mother cited case law and Florida Rule of Juvenile Procedure 8.305(b)(4),1 which allows an interested party to present evidence at a shelter hearing, the trial court did not allow testimony.
We treat the petition for writ of certiorari as an appeal pursuant to Florida Rule of Appellate Procedure 9.146 and reverse. See Fla. R.App. P. 9.040(c). In doing so, we adopt the holding and analysis of the Second District in In the Interest of J.P., 875 So. 2d 715 (Fla. 2d DCA 2004).
REVERSED.
ORFINGER and TORPY, JJ„ concur. . Florida Rule of Juvenile Procedure 8.305(b)(4) provides: "At the [shelter] hearing all interested persons present shall have an opportunity to be heard and present evidence on the criteria for placement as provided by law."
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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L.M.C. and A.O. v. Dep't of Child. & Families, 935 So. 2d 47 (Fla. 5th DCA 2006)…urt denied their request to present evidence on the issue of probable cause. We have previously held that parents have a statutory right to present evidence contesting probable cause at shelter hearings. See A.M.T. v. Dep’t of Children and Families, 890 So. 2d 551 (Fla. 5th DCA 2005); S.M. v. Dep’t of Children and Families, 890 So. 2d 552 (Fla. 5th DCA 2005); In re J.P., 875 So. 2d 715 (Fla. 2d DCA 2004). While we are sympathetic to the desire of trial courts to conduct shelter hearings in an informal and exp…
Authorities Cited
- In the Interest of J.P. v. Family Continuity Program, 875 So. 2d 715 (Fla. 2d DCA 2004)