K.T. v. Department of Children & Families

District Court of Appeal of Florida

K.T. v. Department of Children & Families

706 So. 2d 1385, 1998 Fla. App. LEXIS 3719

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1998

DocketNos. 97-3141, 98-705

StatusPublished

Cited by1 cases

This text of 706 So. 2d 1385 (K.T. v. Department of Children & Families) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

K.T. v. Department of Children & Families, 706 So. 2d 1385, 1998 Fla. App. LEXIS 3719 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The factual and legal circumstances of this case as it relates to the child A.T. are essentially identical to those in Roberts v. Florida Dep’t of Children & Families, 687 So.2d 51 (Fla. 3d DCA 1997). Because, as in Roberts, there is neither evidence nor the finding mandated by section 39.41(1), Florida Statutes (1997), that placing the child with his natural mother “would endanger [his] safety and well-being,” we order that effective Thursday, April 16, 1998 — subsequent to a presently scheduled hearing in the court below and unless on the basis of the evidence at that hearing the trial court appropriately makes the finding required by the statute— that custody of A.T. be granted the appellant mother.

Habeas Corpus, certiorari granted.¹

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PER CURIAM.

The factual and legal circumstances of this case as it relates to the child A.T. are essentially identical to those in Roberts v. Florida Dep’t of Children & Families, 687 So.2d 51 (Fla. 3d DCA 1997). Because, as in Roberts, there is neither evidence nor the finding mandated by section 39.41(1), Florida Statutes (1997), that placing the child with his natural mother “would endanger [his] safety and well-being,” we order that effective Thursday, April 16, 1998 — subsequent to a presently scheduled hearing in the court below and unless on the basis of the evidence at that hearing the trial court appropriately makes the finding required by the statute— that custody of A.T. be granted the appellant mother.

Habeas Corpus, certiorari granted.¹

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Bluebook (online)

706 So. 2d 1385, 1998 Fla. App. LEXIS 3719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kt-v-department-of-children-families-fladistctapp-1998.

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