Florida District Courts of Appeal, 1989

Patterson v. Department of Health & Rehabilitative Services

Patterson v. Department of Health & Rehabilitative Services
Florida District Courts of Appeal · Decided September 27, 1989 · Baskin, Ferguson, Schwartz
548 So. 2d 1200; 14 Fla. L. Weekly 2311; 1989 Fla. App. LEXIS 5341; 1989 WL 115568 (Southern Reporter, Second Series)

Patterson v. Department of Health & Rehabilitative Services

Opinion of the Court

PER CURIAM.

The petition for writ of habeas corpus is treated as an appeal, pursuant to section 39.413(1), Florida Statutes (1987), from an order denying the petitioner-parents’ motion for release of their child from shelter care. Since the order, rendered upon a hearing on September 14, 1989, is supported neither by findings nor evidence of the criteria required for the continuation of shelter care under section 39.402(8)(a), the order is reversed. Upon remand the trial court is directed forthwith to enter an order terminating shelter placement and returning custody of the child to his parents.

Rehearing is dispensed with.

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