K.G. v. Florida Department of Children & Families
66 So. 3d 366
| Fla. Dist. Ct. App. | 2011Background
- Mother appeals a shelter order placing the child with the maternal grandmother.
- Shelter hearing occurred after protective custody was taken following birth under protective supervision.
- The trial court announced probable cause to detain before allowing parties to present evidence.
- Mother's attorney attempted to speak; the court interrupted and declined to hear evidence from her.
- Shelter order adopted the petition's allegations and granted supervised visitation to the mother.
- Petition for writ of certiorari was filed; court granted relief due to due process violation at the shelter hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mother was denied due process to be heard at the shelter hearing. | Mother contends she was not allowed to present evidence. | DCF contends no due process violation or that error was preserved. | Yes; due process denied, certiorari granted. |
Key Cases Cited
- In re A.W.P., Jr., 10 So.3d 134 (Fla. 2d DCA 2009) (due process right to be heard in dependency proceedings)
- L.M.C. v. Dep't of Children & Families, 935 So.2d 47 (Fla. 5th DCA 2006) (parents have a right to be heard at shelter hearings)
- S.M. v. Dep't of Children & Families, 890 So.2d 552 (Fla. 5th DCA 2005) (right to be heard at shelter hearing)
- In re J.P., 875 So.2d 715 (Fla. 2d DCA 2004) (failure to be heard renders hearing improper)
- L.M.B. v. Dep't of Children & Families, 28 So.3d 217 (Fla. 4th DCA 2010) (one-sided hearing violates statute/rules)
- Dep't of Children & Families v. L.D., 840 So.2d 432 (Fla. 5th DCA 2003) (irreparable harm and essential requirements standard in certiorari)
- Belair v. Drew, 770 So.2d 1164 (Fla.2000) (certiorari review standards for departure from essential requirements)