CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2487, 2009 WL 763584
...5th DCA 2006) (granting DCF's petition for writ of certiorari and quashing a trial court order that committed an incompetent defendant to DCF's custody in violation of the statute because the defendant could not be restored to competency). Analysis In section 916.105(1), the legislature described the scope of DCF's responsibilities: It is the intent of the Legislature that the Department of Children and Family Services and the Agency for Persons with Disabilities, as appropriate, establish, locate...
...llness, mental retardation, or autism, or who have been acquitted of a felony by reason of insanity, and who, while still under the jurisdiction of the committing court, are committed to the department or agency under the provisions of this chapter. § 916.105(1), Fla....
...The statute also provides: (7) "Department" means the Department of Children and Family Services. The department is responsible for the treatment of forensic clients who have been determined incompetent to proceed due to mental illness or who have been acquitted of a felony by reason of insanity. § 916.105(7), Fla. Stat. (2008) (emphasis added). Section 916.106(9) defines a "forensic client" as one who has been "committed" to the Department pursuant to statutory criteria: (9) "Forensic client" or "client" means any defendant who has been committed to the department or agency pursuant to s....
...DCF is not responsible for providing treatment to incompetent defendants who have not properly been committed to DCF's legal custody. See State, Dep't of Health and Rehabilitative Servs. v. Myers,
696 So.2d 863 (Fla. 4th DCA 1997) (granting a writ of certiorari and finding that section
916.105(1) did not require HRS to pay for mental health treatment for a pretrial detainee who had not been committed to the Department as a "forensic client")....
...tent defendants who have not been properly committed to DCF.
696 So.2d at 866-67. Thus, the order in this case constitutes a clear departure from the essential requirements of law. Conclusion Chapter 916 is known as the Forensic Client Services Act. §
916.10, Fla....
