CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 724124
...1020. Section
985.24 of the Florida Statutes, entitled "Use of detention; prohibitions," clearly and unambiguously sets forth the grounds on which a child may be detained. See §
985.24(1)(a)-(e), Fla. Stat. (2007). Absent a statutory exception, see §
985.255(2), Fla....
...could not be sustained under the juvenile court's statutory contempt powers, but argued that the trial court's dual findings that B.M. presented an "extensive record of absconding from home" as well as "disregard of the Court process" were sufficient to justify secure detention under section 985.255(3)(b) of the Florida Statutes (2007)....
...For the reasons that follow, this argument is meritless, if not frivolous. Ordinarily, the placement of a child into detention is dependent upon the existence of a validly prepared and scored risk assessment instrument supporting the placement. See supra n. 2. However, section 985.255(3)(b) of the Florida Statutes (2007), in which the State seeks solace in this case, authorizes a juvenile court judge to depart from the placement indicated in the risk assessment instrument and order a more restrictive placement in a proper circumstance. The section states: "If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement." § 985.255(3)(b), Fla....
...There is no indication in the record, the hearing transcript, or in the judge's order, that the court took account of any risk assessment when it *314 ordered B.M.'s detention. Thus, the order of detention cannot fairly be called a "departure" from anything. § 985.25, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2009 WL 32416
...statutes limit secure detention to a total of twenty-one days, not two forty-eight-hour periods followed by twenty-one days. We agree. Under the statutory provisions concerning juvenile detention, a child is taken into initial custody by a JPO. See § 985.25(1), Fla....
...ecure detention to home detention, based on factors outlined in a statutorily mandated risk assessment *390 instrument. See §
985.245, .25(1)(a), (b). The child must be given a detention hearing within twenty-four hours of being taken into custody. §
985.255(3)(a)....
...erwise meet the secure detention criteria, the child may continue to be held in secure detention only if the court makes "specific written findings" that respite care is unavailable and that secure detention is required to prevent victim injury. [1] § 985.255(2)....
...Section
985.26(2) provides that "[a] child may not be held in secure, nonsecure, or home detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court." We conclude that sections
985.255(2) and
985.26(2) clearly prohibit the trial court from ordering that a child charged with domestic violence be held in secure detention for more than twenty-one days in total....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2006 WL 3499918
...NOTES [1] In making their arguments, the petitioners rely on the 2005 version of the Florida Statutes. That version will remain in effect until December 31, 2006 at which time the new version takes effect. See Laws 2006-120. §§ 33, 34, 35, 36, 37, eff. Jan. 1, 2007, renumbering section 985.215 as sections 985.25 and 985.255. Thus, while we address the current text of section 985.215 in this opinion, after Jan. 1, 2007, the language at issue will appear as part of section 985.255(3)(a). [2] This provision will appear as section 985.25(1)(a) in the 2006 Florida Statutes. [3] These provisions will appear in section 985.25(1) and 985.255(3) respectively in the 2006 Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 85452, 2013 Fla. App. LEXIS 267
...ints qualifies for home detention, and a child who scores below seven points does not qualify for any form of detention.”). Quoting S.M. v. State, Department of Juvenile Justice,
91 So.3d 175, 175 (Fla. 4th DCA 2012), the petitioners argue “that section
985.255(l)(h), Florida Statutes [ (2012) ], does not permit home detention without a qualifying risk assessment score.” Like the petitioners here, the juvenile petitioner in S.M....
...Agreeing with the petitioner’s argument, the Fourth District granted the petition and concluded that the trial court erred in placing the juvenile in home detention because she scored zero points on the RAI. Id. at 176 . The court reasoned as follows: Section 985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles charged with violating probation. This section permits a court to continue detention required by the juvenile probation officer during intake. § 985.255(1), Fla. Stat. (2011) (“Subject to s. 985.25(1), a child taken into custody and placed into nonsecure or home detention care or detained in secure detention care pri- or to a detention hearing may continue to be detained by the court if ...”). During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25(l)(b), Fla. Stat. (2011). Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue detention. Id. (emphasis added). In our view, the analysis in S.M. is incomplete. We agree that section 985.255(1) permits the court to continue detention as established by the probation officer and that at intake the probation officer can require detention only if it is authorized by the RAI....
...The risk assessment instrument as a whole provides the probation officer with the criteria to be considered in determining the need for detention care. 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) (giving DJJ the policy-making authority to create the RAI). But the RAI also allows for certain exceptions under which the juvenile may be detained regardless of the total risk assessment score, which is only one aspect of the instrument. 2 Thus, section 985.255(1) presupposes the existence of a qualifying risk assessment instrument, not just a qualifying score, before a court may continue detention. 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)). Under the “Admission Criteria” section of the RAI, any juvenile who meets one of the requirements in subsections (F) through (K) is subject to detention regardless of the number of points scored on the RAI. See also § 985.255(l)(a)-(j)....
...tors (F) through (K), regardless of the number of points scored). The relevant exception in this case is subsection (J) “a youth ... alleged to have violated the conditions of the youth’s probation or conditional release supervision.” See also § 985.255(l)(h)....
...bation officers properly concluded that home detention was appropriate under subsection II.J of the RAI in spite of a risk assessment score of zero points. At the detention hearings, the juvenile court judge properly continued their detentions under section 985.255(l)(h), which provides for continuing the child’s placement in home detention care if the child is alleged to have violated probation or conditional release....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 1889403, 2012 Fla. App. LEXIS 8453
PER CURIAM. S.M., a juvenile, petitions for a writ of habeas corpus seeking release from home detention pending a violation of probation hearing. We grant the petition, finding that section 985.255(l)(h), Florida Statutes (2011), does not permit home detention without a qualifying risk assessment score....
...The detention of juveniles is governed entirely by statute and strict compliance is required. Z.B. v. Dep’t of Juvenile Justice,
938 So.2d 584, 585 (Fla. 1st DCA 2006). The court failed to follow the statutory procedures and in these circumstances could not order detention absent a qualifying RAI score. §
985.255(3)(a), Fla....
...iteria in subsection (1), shall determine the need for continued detention.”); A.S. v. Byrd,
777 So.2d 1171, 1172-73 (Fla. 4th DCA 2001) (quashing a home detention order because no RAI was prepared). An RAI score of zero does not permit detention. Section
985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles charged with violating probation. This section permits a court to continue detention required by the juvenile probation officer during intake. §
985.255(1), Fla. Stat. (2011) (“Subject to s.
985.25(1), a child taken into custody and placed into nonsecure or home detention care or detained in secure detention care prior to a detention hearing may continue to be detained by the court if ... ”). During intake, the juvenile probation officer may not require detention unless authorized by the RAI. §
985.25(l)(b), Fla. Stat. (2011). Thus, section
985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue detention....
