N.H. v. Department of Children & Families
192 So. 3d 592
| Fla. Dist. Ct. App. | 2016Background
- Infant Le.H. (born Aug. 2015) was brought to the ER at two months with fever; imaging revealed five fractured ribs at different stages of healing. No caregiver could explain the injuries. A physician opined the fractures were indicative of abuse.
- The Child Protective Investigator (CPI) inspected the two siblings — La.H. (Le.H.’s identical twin) and J.H. (a nonverbal two‑year‑old) — and found no physical injuries on them.
- Initial duty judge found no probable cause to shelter any children but ordered further investigation based on the unexplained severe injuries to Le.H.
- On an amended shelter petition, the trial court found probable cause to shelter Le.H. but declined to shelter La.H. and J.H., reasoning there were no signs of physical abuse to them.
- The Guardian ad Litem (GAL) sought certiorari review of the refusal to shelter the siblings, arguing the trial court misapplied the probable‑cause standard given the unexplained abusive injuries to one child and the siblings’ identical vulnerability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause existed to shelter the siblings when one child (Le.H.) had unexplained, severe abusive injuries | GAL: The unexplained abusive injuries to Le.H. and parents’ inability to explain them create probable cause that identically situated siblings are in imminent danger and should be sheltered | Parents/Trial court: No signs of abuse on La.H. and J.H.; without actual injuries or evidence of harm to them, probable cause to shelter those siblings is lacking | Court: Quashed the portion refusing to shelter La.H. and J.H.; probable cause existed to shelter siblings based on Le.H.’s injuries and risk to equally susceptible siblings |
Key Cases Cited
- J.C. v. Dep't of Children & Family Servs., 83 So. 3d 883 (Fla. 2d DCA 2012) (departure from essential requirements of law and irreparable harm standard for certiorari review)
- K.G. v. Dep’t of Children & Families, 66 So. 3d 366 (Fla. 1st DCA 2011) (defining miscarriage of justice standard for certiorari relief)
- Dep’t of Children and Family Servs. v. K.D., 88 So. 3d 977 (Fla. 2d DCA 2012) (sibling exposure to risk where one twin suffered unexplained severe injuries supports removal of the other twin)
- Dep't of Children & Families v. H.M.R., 161 So. 3d 447 (Fla. 5th DCA 2014) (comparison of shelter and termination standards; probability of imminent danger suffices at shelter stage)