Guardian Ad Litem and Department of Children and Families v. L.W., Mother of A.S., a Child and V.S., Father of A.S., a Child
5D2024-3420
| Fla. Dist. Ct. App. | Mar 14, 2025Background
- The Guardian ad Litem and Department of Children and Families (DCF) appealed a trial court order denying their shelter petition and returning child A.S. to his mother, L.W.
- At the time of A.S.'s birth in September 2023, L.W. had an open dependency case since 2019 involving four other children, placed in out-of-home foster care, with only supervised visits allowed.
- L.W. had not achieved substantial compliance with her case plan for her other children; the goal in that case was adoption, not reunification.
- Initially, A.S.'s father, V.S., agreed to care for A.S. given L.W.'s constraints. However, after V.S. was arrested, A.S. was left exclusively in L.W.'s care in violation of the required supervision.
- DCF subsequently filed a petition to shelter A.S., citing L.W.'s unresolved child protection history and current inability to provide safe care.
- The trial court found DCF did not establish probable cause to shelter A.S. and ordered the child returned to L.W.; this decision was appealed by DCF and the Guardian ad Litem.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did DCF establish probable cause to shelter A.S.? | Statutory criteria for sheltering met due to L.W.'s open, unresolved dependency case and lack of substantial compliance. | DCF failed to prove probable cause; A.S. should remain with the mother. | Yes; DCF established probable cause as a matter of law. |
| Does an open dependency case with lack of substantial compliance constitute probable cause under Fla. Stat. § 39.01(2)? | The statute's plain language makes such circumstances sufficient for probable cause. | Opposed statutory reading; argued trial court had discretion to deny shelter. | Statutory language is clear; such facts require finding of probable cause. |
Key Cases Cited
- Dep’t of Child. & Fams. v. D.H.C., 360 So. 3d 454 (Fla. 5th DCA 2023) (explained the probable cause standard in the shelter context and its application to open dependency cases)
- Alachua County v. Watson, 333 So. 3d 162 (Fla. 2022) (emphasized the primacy of statutory text in judicial interpretation)