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DEPT. OF CHILDREN AND FAMILIES v. H.M.R.

No. 5D14-963.

161 So.3d 477 (2014)

DEPARTMENT OF CHILDREN AND FAMILIES, Appellant, v. H.M.R., Mother of E.R., a Child, Appellee.

District Court of Appeal of Florida, Fifth District.

June 26, 2014.

Attorney(s) appearing for the Case

Rosemarie Farrell , of Children's Legal Services, Orlando, for Appellant, Department of Children and Families.

Sara Howeller , of Law Offices of Sara Howeller, Oviedo, for Appellee.

Laura E. Lawson , of Guardian ad Litem Program, Sanford, for Appellee, Guardian ad Litem.

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

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