Legal Opinion
Department of Children & Families v. H.M.R.
District Court of Appeal of Florida
Decided June 26, 2014No. 5D14-963PublishedCited by 3 opinions
1Opinion of the CourtBerger, J.
Department of Children and Families (“DCF”) appeals the trial court’s order denying its second petition to shelter E.R., the three-week-old child of H.M.R. (“Mother”). DCF argues that the trial court applied an incorrect standard in finding that there is no probable cause to shelter E.R. We agree and reverse.1
Section 39.402(l)(a), Florida Statutes (2014), permits the removal and placement of a child in shelter care if there is probable cause to believe that the child has been “abused, neglected, or abandoned, or is suffering from or is in imminent danger of illness or injury as a result of…
2Cases cited7 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Johnson v. StateSupreme Court of Florida · 1995
- State v. HankersonSupreme Court of Florida · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- N.H. v. Department of Children & FamiliesDistrict Court of Appeal of Florida · 2016
- DEPARTMENT OF CHILDREN AND FAMILIES AND GUARDIAN AD LITEM vs D.H.C. AND W.A.H., PARENTS OF L.H., A.H., AND S.H., CHILDRENDistrict Court of Appeal of Florida · 2023
- Guardian Ad Litem and Department of Children and Families v. L.W., Mother of A.S., a Child and V.S., Father of A.S., a ChildDistrict Court of Appeal of Florida · 2025