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P.U. v. DEPARTMENT OF CHILDREN AND FAMILIES

No. 4D09-4858.

24 So.3d 706 (2009)

P.U., the mother, Petitioner, v. DEPARTMENT OF CHILDREN AND FAMILIES, Respondent.

District Court of Appeal of Florida, Fourth District.

December 23, 2009.

Attorney(s) appearing for the Case

Philip J. Massa, Regional Counsel, J. Patrick Reynolds and Kate Corrigan, Assistant Regional Counsel, and Debbie Maken, Legal Intern, Office of Criminal and Civil Regional Counsel, West Palm Beach, for petitioner.

Jeffrey Dana Gillen, Statewide Appeals Director, West Palm Beach, for respondent Department of Children and Families.

No appearance by guardian ad litem.

PER CURIAM.

P.U., the mother, has filed a petition for writ of certiorari seeking to quash a shelter order. We grant the petition, concluding that the evidence was insufficient to justify removing the mother's child from her care and custody and placing the child in shelter care.

Section 39.402(1)(a), Florida Statutes (2009), permits the removal of a child and placement of the child in shelter care if there is probable...

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