S.M., MOTHER OF M.M. A CHILD, PETITIONER,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
S.M., MOTHER OF M.M. A CHILD, PETITIONER,
DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
890 So. 2d 552
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
S.M. seeks this court to require the lower court to vacate an order entered in a dependency proceeding under which S.M.’s child was placed in emergency, temporary shelter. The sole issue is whether the lower court erred in denying S.M.’s request to present testimonial evidence from a witness who was neither a parent nor legal custodian of the child. We treat the petition as an appeal pursuant -to Florida Rule of Appellate Procedure 9.146 and reverse. Fla.R.App. P. 9.040(c). In doing so, we adopt the holding and analysis of the Second District in G.P. v. Family Continuity Program, 875 So. 2d 715 (Fla. 2d DCA 2004).
REVERSED.
SAWAYA, C.J., PLEUS and TORPY, JJ., concur.
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)…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 expeditious manner, those concerns do not outweigh the right of parents to be h…
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K.G. Mother of N.G. v. Fla. Dep't OF Child. & Families, 66 So. 3d 366 (Fla. 1st DCA 2011)…has consistently acknowledged that failing to honor a parent’s right to be heard at a shelter hearing is a violation of due process. See L.M.C. v. Dep’t of Children & Families, 935 So. 2d 47 (Fla. 5th DCA 2006); S.M. v. Dep’t of Children & Families, 890 So. 2d 552 (Fla. 5th DCA 2005); In re J.P., 875 So. 2d 715, 718 (Fla. 2d DCA 2004). In particular, “[i]f a parent is not permitted to be heard at the hearing, and only the [Department's evidence will be considered, then the one-sided hearing would be a pointle…
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Dep't of Child. & Families v. M.C. (Fla. 5th DCA 2021)
Authorities Cited
- In the Interest of J.P. v. Family Continuity Program, 875 So. 2d 715 (Fla. 2d DCA 2004)