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A.T.N. v. DEPT. OF CHILDREN & FAMILY SERVS.

No. 1D11-0543.

70 So.3d 634 (2011)

A.T.N., mother of D.P. & E.B., Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Appellee.

District Court of Appeal of Florida, First District.

May 18, 2011.

Attorney(s) appearing for the Case

William Garrett , Panama City, for Appellant.

Ward L. Metzger , Appellate Counsel, Jacksonville, for Appellee; Kelley Schaeffer , Appellate Counsel, Guardian ad Litem Program, Tavares; and Susan Barber , Assistant Regional Conflict Counsel, Tallahassee, for Appellee/Father.

BENTON, C.J.

A.T.N. appeals an order that adopted a general magistrate's recommended order in adjudicating her child, E.B., dependent. In violation of Florida Rule of Juvenile Procedure 8.257(h), the general magistrate, not the circuit judge, had presided over the adjudicatory hearing. The Department of Children and Family Services (DCFS) concedes error, moreover, in that the only evidence adduced at the hearing was hearsay. Accordingly, we reverse and remand for...

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