Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

M.K. v. Department of Children & Families255 So. 3d 505 (Fla. 3d DCA 2018) · 3D18-1802

Court
3rd DCA
Decided
2018-10-03
Case
Dependency
Appellant
Father

Certiorari / writ granted Shelter order quashed on the Department's confession of error because the shelter hearing proceeded without the father's counsel; remanded for a new hearing.

Issues
Shelter, Right to counsel & ineffective assistance, Right to be heard & hearing procedure, Certiorari: departure from the essential requirements of law

Summary, issues, facts, outcome, and appellant were extracted automatically from the opinion. Check the opinion itself before relying on them.

On CourtListener
PER CURIAM.

*506M.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.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.