L.M.C. v. DCF
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
JANUARY TERM 2006
L.M.C. and A.O., PARENTS OF A.E. and T.C., etc.,
Appellants,
v.
Case No. 5D06-713
DEPARTMENT OF CHILDREN AND FAMILIES,
Appellee.
________________________________/
Opinion filed June 2, 2006
Non Final Appeal from the Circuit Court
for Orange County,
James C. Hauser, Judge.
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.
PLEUS, C.J.
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 constitutional due process and 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 fundamental right
of parents to be heard initially when faced with removal by the State of their children
from their home. Accordingly, we reverse.
REVERSED.
SHARP, W. and MONACO, JJ., concur.
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