CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 13592, 2006 WL 2345791
...had been “diagnosed with a mental, emotional, or behavioral disorder of sufficient duration to meet one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association.” §
394.492(5), Fla. Stat. (2005). Because DCFS offered nothing but hearsay to prove “an emotional disturbance as defined in s.
394.492(5) or a serious emotional disturbance as defined in s.
394.492(6),” §
39.407(6)(a)(3.), Fla....
...8.350(a)(4), (11) (2005) (emphasis supplied). ‘“Suitable for residential treatment’ or ‘suitability’ ” is defined in section
39.407(6)(a)(3.), Florida Statutes (2005), as a determination concerning a child or adolescent with an emotional disturbance as defined in s.
394.492(5) or a serious emotional disturbance as defined in s.
394.492(6) that each of the following criteria is met: a....
...The child is in need of a residential treatment program and is expected to benefit from mental health treatment. c. An appropriate, less restrictive alternative to residential treatment is unavailable. DCFS has the burden to prove that a dependent child has “an emotional distur *1248 bance as defined in s.
394.492(5)” or “a serious emotional disturbance as defined in s.
394.492(6),” and that the requirements of section
39.407(6)(a)(3.)(a.-c.) are met, 3 by clear and convincing evidence, a burden DCFS acknowledges it bears....
...rida,” §
39.407(6)(b), Fla. Stat. (2005), and contemplates expert opinion attesting to a diagnosis that comports with a disorder specified in the Diagnostic and Statistical Manual of Mental Disorders of the American . Psychiatric Association. See §
394.492(5), (6), Fla....
...also called a transitional group home vice-president, who testified that the therapy G.T. had refused consisted of medication management and crisis services, and did not include therapeutic psychological services. . This ruling necessarily amounts to a finding that G.T. met the criteria set out in section 394.492(5) or (6), Florida Statutes (2005)....
...ty to function in the family, school, or community, which behaviors are not considered to be a temporary response to a stressful situation. The term includes a child or adolescent who meets the criteria for involuntary placement under s.
394.467(1). §
394.492(6), Fla....
...refore, need to find that appellant was, "dangerous.” Section
39.407(6)(a)(3.) requires that the court determine either that the dependent child has a "serious emotional disturbance,” or that the child has "an emotional disturbance as defined in s.
394.492(5)”: [A] determination concerning a child or adolescent with an emotional disturbance as defined in s.
394.492(5) or a serious emotional disturbance as defined in s.
394.492(6) that each of the following criteria is met.... §
39.407(6)(a)(3.), Fla. Stat. (2005) (emphasis supplied). Section
394.492(5), unlike subsection (6)> provides that "[t]he term [‘emotional disturbance’] does not include ,a child or adolescent who meets the criteria for involuntary placement under s.
394.467(1),” §
394.492(5), Fla. Stat. (2005) (emphasis supplied), and does not, therefore, just as DCFS argues, require a finding of dangerousness. But section
394.492(5) also defines a child with an "emotional disturbance” (rather than a "serious emotional disturbance”) as one who is diagnosed with a mental, emotional, or behavioral disorder of sufficient duration to meet one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association.... The emotional disturbance must not be considered to be a .temporary response to a stressful situation. §
394.492(5), Fla....
