M.K.
v.
DEPT. OF CHILDREN AND FAMILIES
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A shelter order is invalid when the shelter hearing proceeds without the presence of a parent's counsel.
[1] A shelter order is void when the shelter hearing is conducted without the presence of a parent's counsel, constituting a departure from the essential requirements of law.
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Join FLexlaw to unlock all legal intelligence“the trial court's shelter order entered on August 10, 2018, constituted a departure from the essential requirements of the law, as the shelter hearing proceeded without the presence of the Father's counsel”
Department's concession of error regarding the procedural defect in the shelter hearing
M.K., the father, appealed from a trial court's August 10, 2018 shelter order entered in a Department of Children and Families case. The shelter heari…
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Third District Court of Appeal State of Florida Opinion filed October 3, 2018. ________________ No. 3D18-1802 Lower Tribunal No. 18-15441 ________________ M.K., the Father, Petitioner, vs. Department of Children and Families, Respondent. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Teresa Pooler, Judge. Abramowitz and Associates, and Jordan B. Abramowitz, for petitioner. Karla Perkins, for respondent. Before LAGOA, LOGUE, and SCALES, JJ.
PER CURIAM.
ON CONFESSION OF ERROR
M.K., the father, appeals from the trial court’s August 10, 2018, shelter order. The Department concedes that the trial court’s shelter order entered on August 10, 2018, constituted a departure from the essential requirements of the law, as the shelter hearing proceeded without the presence of the Father’s counsel. See G.W. v. Dep’t of Children & Families, 92 So. 3d 307, 309 (Fla. 3d DCA 2012). The Department therefore requests that this Court remand the matter to the trial court in order to allow a shelter hearing to proceed where both the parents and their respective counsels are present. Based on our review and the Department’s proper Confession of Error, we quash the trial court’s August 10, 2018, shelter order and remand for further proceedings consistent herewith. 2