L.M.B. v. Department of Children & Families

L.M.B., the mother, petitions for a writ of certiorari seeking to quash the trial court’s shelter order which sheltered her three-year-old child in the father’s home. See § 39.402, Fla. Stat. (2009). Before entering the order, the trial court conducted a shelter hearing pursuant to section 39.402(8) but refused to permit the mother to present evidence on the issue of whether the child should be removed. § 39.402(2), Fla. Stat. (2009) (requiring that certain criteria be met and that court make a finding regarding “the necessity for removal”). The court expressed its policy of determining…