Dependency Law Finder

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

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A.M.T. v. Department of Children & Families890 So. 2d 551 (Fla. 5th DCA 2005) · 5D04-2931

Court
5th DCA
Decided
2005-01-14
Case
Dependency
Appellant
Mother

Reversed Shelter order reversed because the court did not allow the mother to present evidence at the shelter hearing as rule 8.305(b)(4) permits.

Issues
Shelter, Right to be heard & hearing procedure
Law cited
Rule 8.305(b)(4)

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

On CourtListener
890 So.2d 551 (2005)

A.M.T., Mother of G.T., A Child, Petitioner,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

No. 5D04-2931.

District Court of Appeal of Florida, Fifth District.

January 14, 2005.

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Petitioner.

Charles D. Peters, Department of Children and Families, Orlando, for 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.

NOTES

[1] 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."

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