History
  • No items yet
midpage
LMC AND AO v. Department of Children and Families
2006 Fla. App. LEXIS 12515
| Fla. Dist. Ct. App. | 2006
|
Check Treatment
935 So. 2d 47 (2006)

L.M.C. and A.O., Parents of A.E., and T.C., etc., Appellants,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, Appellee.

No. 5D06-713.

District Court of Appeal of Florida, Fifth District.

July 24, 2006.

Timothy A. Straus, of Moyer, Straus & Patel, Altamonte Springs, for Appellant, L.M.C.

Ryan Thomas Truskoski of Ryan Thomas Truskoski, P.A., Orlando, for Appellant, A.O.

Charles D. Peters, Orlando, for Appellee.

ON MOTION FOR REHEARING

PLEUS, C.J.

We deny the Department of Children and Families' motion for certification, grant its motion for rehearing, withdraw our prior opinion and substitute this one in its stead.

The parents appeal a shelter order entered after the trial court denied their request to present evidence on the issue of probable cause. We have previously held that parents have a statutory right to present evidence contesting probable cause at shelter hearings. See A.M.T. v. Dep't of Children and Families, 890 So. 2d 551 (Fla. 5th DCA 2005); S.M. v. Dep't of Children and Families, 890 So. 2d 552 (Fla. 5th DCA 2005); In re J.P., 875 So. 2d 715 (Fla. 2d DCA 2004). While we are sympathetic to the desire of trial courts to conduct shelter hearings in an informal and expeditious manner, those concerns do not outweigh the right of parents to be heard initially when faced with removal by the State of their children from their home. Accordingly, we reverse.

REVERSED.

MONACO and EVANDER, JJ., concur.

Case Details

Case Name: LMC AND AO v. Department of Children and Families
Court Name: District Court of Appeal of Florida
Date Published: Jul 24, 2006
Citation: 2006 Fla. App. LEXIS 12515
Docket Number: 5D06-713
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.