Florida/Georgia Personal Injury & Workers Compensation

...A detention hearing was held the next day before Judge Richard Hood, a senior judge covering the juvenile delinquency docket. The child had a total score of two points on the Risk Assessment Instrument and therefore did not meet the general criteria for detention under section 985.245, Florida Statutes (2007)....

...tes authorizing juvenile detention. See R.W. v. Soud, 639 So.2d 25 (Fla.1994); S.W. v. Woolsey, 673 So.2d 152 (Fla. 1st DCA 1996). Section 985.24 provides that a child may be detained only for the specific reasons given in the statute. Additionally, section 985.245 states that, in the absence of a specific statutory exception, an order placing a child in detention "shall be based on a risk assessment of the child." The risk assessment is done uniformly throughout the state on a standardized document known as a Risk Assessment Instrument....

...provide G.L.’s counsel the opportunity to refile the petition with an adequate record. Id. (footnote omitted). In Florida, juvenile detention is governed by chapter 985, Florida Statutes. See B.M. v. Dobuler, 979 So.2d 308, 310 (Fla. 3d DCA 2008). Section 985.245(1), Florida Statutes (2011), states that “[a]ll determinations and court orders regarding placement of a child into detention care shall comply with all requirements and criteria provided in this part and shall be based on a risk as...

...ssment of the child, unless the child is placed into detention care as provided in s. 985.255(2).” Section 985.255(2), Florida Statutes (2011), addresses situations where a juvenile “is charged with committing an offense of domestic violence.” Section 985.245(2), Florida Statutes (2011), directs the Department of Juvenile Justice to develop the RAI and specifies certain factors that the RAI should take into consideration....

...See § 985.24(1)(a)-(e), Fla. Stat. (2007). Absent a statutory exception, see § 985.255(2), Fla. Stat. (2007), an order placing a child in detention must be based "primarily" upon at least one of those grounds and supported by a proper "risk assessment of the child." § 985.245(1), Fla. Stat. (2007); R.W. v. Soud, 639 So.2d 25, 26-27 (Fla.1994) ("[A]bsent the findings required by subsection (1) [of section 985.24] and the risk assessment required by [section 985.245(1)], detention of a juvenile is not permitted either before or after adjudication.")....

...dministration, or for violating any provision *311 of this chapter or order of the court relative thereto." § 985.037(1), Fla. Stat. (2007) (emphasis added); see also R.G., 817 So.2d at 1019 (holding that "[s]ection 985.213(2)(a) [now renumbered as section 985.245(1)] is clear in its requirement that all determinations and court orders regarding detention be based on a risk assessment of the child[,]" but noting that the trial court also may base an order of detention on the contempt statute)....

...NOTES [1] In 1994, when R.W. issued, the statutory language supporting this conclusion of the Florida Supreme Court appeared in sections 39.042(1) and (3) of the Florida Statutes (1993). Compare § 39.042, Fla. Stat. (1993) with § 985.24(1), Fla. Stat. (2007); § 985.245(1), Fla. Stat. (2007). [2] A Risk Assessment Instrument (RAI) is a standardized document developed cooperatively by interested state agencies and utilized statewide in determinations regarding placement of a child in detention care. § 985.245(1), (2)(a)....

...The court also ordered that he be held in secure detention for fifteen days before being placed indefinitely in home detention while awaiting placement into a moderate risk program. In the instant petition, K.P. argues that the trial court erred in placing him in secure detention. Initially, he points out that under section 985.245(1), Florida Statutes (2007): "All determinations and court orders regarding placement of a child into detention care ....

...in secure detention for five days regardless of the recommendation of the risk assessment instrument, as the State properly concedes, the trial court failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007). See C.D.T.; see also §§ 985.245(1), .27(1)(b), Fla....

...arding placement of a child into detention care shall comply with all requirements and criteria provided in this part and shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s.985.255(2). 2 § 985.245(1), Fla....

...See § 985.25(1), Fla. Stat. (2008). The JPO determines the appropriate type of detention for the child, which can range from secure detention to home detention, based on factors outlined in a statutorily mandated risk assessment *390 instrument. See § 985.245, .25(1)(a), (b)....

...3D06-2341; L.D., No. 3D06-288; C.B., No. 3D05-2596. [2] A Risk Assessment Instrument is a standardized document developed cooperatively by interested state agencies and utilized statewide in determinations regarding placement of a child in detention care. § 985.245(1), 2(a), Fla. Stat. (2008). The Risk Assessment Instrument in this case was properly scored based upon both C.B.'s first and second offense. § 985.245(4), Fla....

...See T.K.B., 63 So.3d at 62 (“If a juvenile qualifies for detention under the ‘admission criteria’ of the RAI and subsections 985.255(l)(a) through (j) .... a child ... who scores below seven points does not qualify for any form of deten *1259 tion.”); see also § 985.245(2)(a) (giving DJJ the policy-making authority to create the RAI)....

...ention. See § 985.25(l)(b) (stating that the juvenile probation officer shall determine the need for detention care based on “an assessment of risk in accordance with the risk assessment instrument and procedures developed by the department under s. 985.245” (emphasis added))....

...At that detention hearing, the court is required to utilize the results of *100 the Detention Risk Assessment Instrument (“Risk Assessment”) in determining the need for continued detention, or the appropriate conditions for release pending an adjudicatory hearing. See §§ 985.255(S)(a), 985.245(l)-(2), Florida Statutes (2014)....

...If the Risk Assessment results in a score of twelve points or more, a juvenile may continue to be held in secure detention. Prior to the commencement of the hearing, the Department of Juvenile Justice (“the Department”) prepared the Risk Assessment, as provided by section 985.245, Florida Statutes (2014), and designated the robbery by sudden snatching as a violent third-degree felony which, together with A.M.’s other pending offenses, resulted in a qualifying score for secure detention....

...olled substance without a prescription (section 893.13(6)(a), Florida Statutes (2014)). A juvenile’s detention status is determined by the trial court’s scoring of the juvenile based on, among other factors, the nature of the offense(s) charged. § 985.245 Fla....

...ance without a prescription (section 893.13(6)(a), Florida Statutes (2014)). A juvenile’s detention status is determined by the trial court’s scoring of the juvenile based on, among other factors, the nature of the offense(s) charged. § 985.245 Fla....

...Petitioner did not score high enough for secure detention on his risk assessment instrument, and the State concedes that the trial court did not enter any written findings otherwise justifying secure detention. Generally, determinations regarding placement of a minor in secure detention are based on the risk assessment. § 985.245(1), Fla....

...instrument, and the State concedes that the trial court did not enter any written findings otherwise justifying secure detention. Generally, determinations regarding placement of a minor in secure detention are based on the risk assessment. § 985.245(1), Fla....

...Petitioner notes that the State previously conceded error in a prior case where this court granted relief by unpublished order. “The detention of juveniles is governed entirely by statute and strict compliance is required.” S.M. v. State, Dept. of Juvenile Justice, 91 So.3d 175, 175 (Fla. 4th DCA 2012). Section 985.245, Florida Statutes (2012), provides: “All determinations and court orders regarding placement of a child into detention care shall comply with all requirements and criteria provided in this part and shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s....

...Thus, secure detention was not authorized under these facts. *416 It must be noted that our holding is limited to situations where the alleged violation of probation does not constitute a new law offense. When there is a new crime alleged as the violation of probation, proceedings are governed by section 985.245(4), Florida Statutes....

...es involving drug courts, as well as pursue those amendments with the appropriate Florida Bar rules committees.” In re Task Force on Treatment-Based Drug Courts, Fla. Admin. Order No. AOSC04-27 (July 26, 2004) (on file with Clerk, Fla. Sup. CL). . Section 985.245, Florida Statutes (2007), requires that, in the absence of a specific statutory exception, an order placing a child in detention must be based on a risk assessment of the child....

...reset within 48 hours of custody. Risk assessment instrument (RAI) score:. Score amended to:. Meets detention criteria. IT IS ORDERED that the above-named child be: released to the custody of .....(name). held in secure detention for domestic violence charge under section 985.245, Florida Statutes....

...ng must comply with the statutes authorizing *62 juvenile detention. See R.W. v. Soud, 639 So.2d 25 (Fla.1994). Section 985.24, Florida Statutes, provides that a child may be detained only for the specific reasons given in the statute. Additionally, section 985.245 states that, in the absence of a specific statutory exception, an order placing a child in detention "shall be based on a risk assessment of the child." The risk assessment is done uniformly throughout the state on a standardized document known as a Risk Assessment Instrument ("RAI")....

...The court also ordered that he be held in secure detention for fifteen days before being placed indefinitely in home detention while awaiting placement into a moderate risk program. In the instant petition, K.P. argues that the trial court erred in placing him in secure detention. Initially, he points out that under section 985.245(1), Florida Statutes (2007): “All determinations and court orders regarding placement of a child into detention care ......

...in secure detention for five days regardless of the recommendation of the risk assessment instrument, as the State properly concedes, the trial court failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007). See C.D.T.; see also §§ 985.245(1), .27(l)(b), Fla....

...Accordingly, the procedures followed in the detention of the petitioner were correct and reflected the legislative intent of chapter 985. WALLACE and LaROSE, JJ., Concur. NOTES [1] In the 2006 legislative session, section 985.213(2) was renumbered as section 985.245. See ch. 06-120, § 32, Laws of Fla. (effective Jan. 1, 2007). The portion of the text in section 985.213(2)(b)(3) that relates to the issue in this proceeding was removed from section 985.245 and was transferred to section 985.255(2), a newly created statute....

...At that detention hearing, the court is required to utilize the results of the Detention Risk Assessment Instrument (“Risk Assessment”) in determining the need for continued detention, or the appropriate conditions for release pending an adjudicatory hearing. See §§ 985.255(3)(a), 985.245(1)-(2), Florida Statutes (2014)....

...If the Risk Assessment results in a score of twelve points or more, a juvenile may continue to be held in secure detention. Prior to the commencement of the hearing, the Department of Juvenile Justice (“the Department”) prepared the Risk Assessment, as provided by section 985.245, and designated the robbery by sudden snatching as a violent third-degree felony which, together with A.M.’s other pending offenses, resulted in a qualifying score for secure detention....

...Habeas corpus lies to order the release of one illegally detained in violation of the risk assessment requirements, the detention statutes, and case law. T.B. v. State, 897 So.2d 530 (Fla. 4th DCA 2005). Generally, decisions regarding whether to place a child in detention care must be based on a risk assessment of the child. § 985.245(1), Fla....

loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

...was released to his mother and the pick-up order was quashed; however, two days later, for a reason not stated in the record, N.A. was custody- released to Miami’s River of Life shelter. On January 28, 2018, as a result of N.A. being arrested in the loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention Risk Assessment, finding that N.A....

...Generally, upon a child’s arrest, DJJ receives the child either from a law enforcement agency or from the court, and DJJ conducts a risk assessment to determine whether, pending adjudication, the child should be subject to “detention care.” See §§ 985.03(18), 985.25, 985.245, Fla....

...At that detention hearing, the court is required to utilize the results of the Detention Risk Assessment Instrument (“Risk Assessment”) in determining the need for continued detention, or the appropriate conditions for release pending an adjudicatory hearing. See §§ 985.255(3)(a), 985.245(1)-(2), Florida Statutes (2014)....

...If the Risk Assessment results in a score of twelve points or more, a juvenile may continue to be held in secure detention. Prior to the commencement of the hearing, the Department of Juvenile Justice (“the Department”) prepared the Risk Assessment, as provided by section 985.245, Florida Statutes (2014), and designated the robbery by sudden snatching as a violent third-degree felony which, together with A.M.’s other pending offenses, resulted in a qualifying score for secure detention....