Florida/Georgia Personal Injury & Workers Compensation

...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 . . . shall be based on a risk assessment of the child." Additionally, section 985.27(1)(b), Florida Statutes (2007), which pertains specifically to postcommitment detention, provides, "A child *1231 who is awaiting placement in a moderaterisk residential program must be removed from detention within 5 days....

...State, 920 So.2d 787 (Fla. 5th DCA 2006). K.P. additionally asserts that the trial court lacked the discretion to order an adjudicated juvenile awaiting placement to a moderate risk commitment facility to be held in secure detention for more than the 5 days contemplated by section 985.27(1)(b) without a motion from the Department of Juvenile Justice based on specific information that a placement is imminent....

...Germanowicz, Assistant Attorney General, West Palm Beach, for respondent. PER CURIAM. J.T.F., a child, petitions this court for a writ of habeas corpus, alleging that he has been illegally detained. He claims the court impermissibly stacked his detention in violation of section 985.27(1)(b), Florida Statutes (2007)....

...care for 5 days, if the child violates the conditions of the home detention care, the nonsecure detention care, or the electronic monitoring agreement. For any subsequent violation, the court may impose an additional 5 days in secure detention care. Section 985.27(1)(b), Fla....

...rpus relief would have been granted; however, the petition is now moot and is therefore denied. Petition Denied. TAYLOR, DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] Because of the renumbering of the Juvenile statutes, section 985.215(10)(a) is now section 985.27(1)(b), Florida Statutes.

...The parties agree that if the robbery by sudden snatching was a violent third-degree felony, A.M. qualifies for secure detention; if it was a non-violent third-degree felony, A.M. would have been released on home detention. . Effective January 1, 2007 section 985.215(10)(c) was renumbered to section 985.27, Florida Statutes....

...The juvenile admitted violating probation by failing to attend a treatment program. The court adjudicated the juvenile delinquent and committed the juvenile to a moderate risk residential program. The court ordered secure detention pending placement. See § 985.27, Fla....

...here the child was charged with battery, second-degree petit theft, and grand theft. In the accompanying detention order, the trial court placed the juvenile on home detention -with electronic monitoring and imposed an 8 p.m. curfew until placement. Section 985.27(l)(b), Florida Statutes (2011), 1 provides: (b) A child who is awaiting placement in a moderate-risk residential program must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays....

...care for 5 days, if the child violates the conditions of the home detention care, the nonsecure detention care, or the electronic monitoring agreement. For any subsequent violation, the court may impose an additional 5 days in secure detention care. § 985.27(l)(b), Fla....

...The first sentence of the subdivision at issue uses the term “detention,” not “detention care.” The question is whether the legislature limited all forms of “detention” for juveniles awaiting placement in moderate risk programs to five days unless extended on motion by DJJ. We think not for three reasons. First, section 985.27(1) provides: “The court must place all children who are adjudicated and awaiting placement in a commitment program in detention care....

...ential placement of the child. However, such continued detention in secure detention care may not exceed 15 days after entry of the commitment order, excluding Saturdays, Sundays, and legal holidays, and except as otherwise provided in this section. § 985.27(l)(b), Fla....

...These cases recognize that the statute’s time limitation refers only to “secure detention” pending placement. After the time in secure detention has expired, the juvenile must be transferred to home or nonsecure detention, not released outright. Only by reading section 985.27 in its entirety and in the context of the chapter can the statute be given its logical meaning....

...f detention, with no possible extension, and with no possible sanctions for violations of home or nonsecure detention. The legislature could not have intended this absurd result. The Present Statute The present version of the statute is now found in section 985.27, Florida Statutes, and is titled “Postcommitment detention while awaiting placement.” 4 In 1998, the legislature added language that required that any child held in secure detention awaiting placement must meet the statutory criteria for secure detention....

...the juvenile, in other words secure, not home detention which is non-restrictive. Under the present statute, all juveniles who are adjudicated and awaiting placement in a residential commitment program must be placed in some form of detention care. § 985.27(1), Fla....

...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 ... shall be based on a risk assessment of the child.” Additionally, section 985.27(l)(b), Florida Statutes (2007), which pertains specifically to po-stcommitment detention, provides, “A child *1231 who is awaiting placement in a moderate-risk residential program must be removed from detention within 5 days.......

...State, 920 So.2d 787 (Fla. 5th DCA 2006). K.P. additionally asserts that the trial court lacked the discretion to order an adjudicated juvenile awaiting placement to a moderate risk commitment facility to be held in secure detention for more than the 5 days contemplated by section 985.27(l)(b) without a motion from the Department of Juvenile Justice based on specific information that a placement is imminent....

...(3) Except as provided in subsection (2), a child may not be held in secure, nonse-cure, or home detention care for more than 15 days following the entry of an order of adjudication. § 985.26(2)-(3), Fla. Stat. (2012). When read in conjunction with section 985.27(1)(b) (“Postcommitment detention while awaiting placement”), 1 it appears that section 985.26(3) applies when an order of adjudication has been entered but the trial court determines that continued secure detention is necessary for...

...oes not include ordering that the child be held in secure detention. Accordingly, we reverse the trial court’s disposition that C.J.T. spend forty-five consecutive days in secure detention. Reversed. TAYLOR and CONNER, JJ., concur. . For instance, section 985.27(1)(b) provides that the department may seek an order from the court authorizing continued detention of a child awaiting placement in a moderate-risk residential program; "[hjowever, such continued detention in secure detention care may not exceed 15 days after entry of the commitment order” with certain exceptions not applicable to the instant case. Juveniles awaiting placement in a high or maximum risk facility, however, must be detained. § 985.27(1)(c)-(d), Fla....

...A court may order a more restrictive placement, but if it does, “the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255(3)(b). Children who are awaiting placement in a commitment program are required to be placed in some kind of detention care. § 985.27(1). “If the child is committed to a high-risk residential program, the child must be held in detention care until placement or commitment is accomplished.” § 985.27(l)(c)....

...Attorneys General, Tallahassee, for Respondent. PER CURIAM. Alleging that she was unlawfully held in postdisposition secure detention beyond the time authorized by law, M.M. petitions the court for habeas corpus relief. She argues that pursuant to section 985.27(1)(a), Florida Statutes (2014), a child such as her who is placed in secure detention awaiting placement in a nonsecure residential program “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal hol...

...an order authorizing continued detention. Here, M.M.’s detention should not have continued past day 5, to day 6 and beyond, in the absence of the Department seeking such an order. But, at this point, M.M. also acknowledges that she is no longer in 1 In relevant part, section 985.27(1)(a), Florida Statutes (2014), provides as follows: A child who is awaiting placement in a nonsecure residential program must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays....

...was committed to a non-secure residential program in one case on November 3, 2016, and in several other cases on November 14, 2016. She remains there despite the requirement that a child “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays.” § 985.27(l)(a), Fla....

...was committed to a non-secure residential program in one case on November 3, 2016, and in several other cases on November 14, 2016. She remains there despite the requirement that a child “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays.” § 985.27(1)(a), Fla....

...At that hearing, the probation officer requested that Petitioner be further detained until a later date. The trial court set another hearing date for September 8, 2017, to determine Petitioner’s status again. The record indicates that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27(l)(a), Florida Statutes (2017)....

...Petitioner’s counsel objected to the continued detention and the case was passed for review to a later date. The petition for writ of habeas corpus argued that petitioner had been detained longer than the 15-day maximum post-commitment detention allowed under section 985.27(l)(a), Florida Statutes (2014)....

...rt was correct in not rewarding this behavior. The state asserted that a party may not benefit from his or her refusal to cooperate, self-created error or purposeful delay. The state did not cite to any exception to the 15-day time limit provided in section 985.27(l)(a)....

...As this court has repeatedly stated, the power to place juveniles charged with a delinquent act in detention is entirely statutory in nature. 5.W. v. Woolsey, 673 So.2d 152, 154 (Fla. 1st DCA 1996). Therefore, strict compliance with the statute is required. W.C. v. Smith, 898 So.2d 1137, 1138 (Fla. 1st DCA 2005). Section 985.27(l)(a) provides: A child who is awaiting placement in a nonsecure residential program must be *689 removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays....

...detained until a later date. The trial court set another hearing date for September 8, 2017, to determine Petitioner’s status again. The record indicates that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27(1)(a), Florida Statutes (2017)....