G.W. v. Department of Children & Families

In this petition, G.W., the father of M.W. and R.K.W., seeks certiorari relief quashing an order sheltering two of his children on the ground he summarily was deprived of his constitutional and statutory right to counsel at the hearing. We grant the petition.

On April 8, 2012, J.T. gave birth to R.K.W. at Homestead Hospital. R.K.W. tested positive for cocaine. On April 10, 2012, R.K.W. was taken into protective custody by the Florida Department of Children and Families. Based upon the alleged “evasiveness of the mother,” the Department also removed two-year-old M.W.1

The trial judge held the…