K.T., MOTHER OF A.T. AND J.B., APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE; K.T., NATURAL MOTHER OF A.T. AND J.B., AND R.F., NATURAL FATHER OF A.T., PETITIONERS, V. DEPARTMENT OF CHILDREN AND FAMILIES, RESPONDENT
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
. Rehearing is dispensed with.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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W.T. v. Dep't of Child. & Families, 787 So. 2d 184 (Fla. 5th DCA 2001)…tuation which concerned the trial court no longer exists. The evidence which was presented did not show that placing the child with the natural father would endanger the child’s safety and well-being. See K.T. v. Department of Children and Families, 706 So. 2d 1385 (Fla. 3d DCA 1998). As was said in In re M.F., 770 So. 2d 1189, 1193 (Fla.2000): “The purpose of a dependency proceeding is not to punish the offending parent but to protect and care for a child who has been neglected, abandoned, or abused.” The chi…
Authorities Cited
- Roberts v. Fla. Dep't OF Child. & Families, 687 So. 2d 51 (Fla. 3d DCA 1997)