W. Y., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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MILLS, Judge.
W. Y. appeals an order committing him to the care of the Department of Health and Rehabilitative Services (HRS). We reverse.
The sole error urged by W. Y. is that the trial court did not comply with Section 39.-09(3)(e), Florida Statutes (1981), by not ranking the three placement alternatives for him suggested by HRS. Instead, the order lists one option, halfway house, as all three priorities. Recently, this court held that this statute is mandatory, reversing an order listing a placement option not provided by HRS. See L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA, 1982). The statute is mandatory when applied to the facts of this case as well.
The ranking of placement options is reversed and the cause is remanded so that the court may rank the options given it.
McCORD, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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In the Interest of T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983)…any error with respect to further proceedings on the charged violations, we feel obligated to point out that strict compliance with the provisions of Section 39.09(3) is mandatory and failure to comply will result in reversible error. W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); see also, D.C. v. State, 436 So. 2d 203 (Fla. 1st DCA 1983); Rhoden v. State, 421 So. 2d 780 (Fla. 2d DCA 1982). Similarly, Section 39.11 must be read in pari materia with Section 39.09, and failure to strictly comply with the r…1 / 2
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In re the Interest of L.B. v. Alberta McHELLEN, 493 So. 2d 554 (Fla. 5th DCA 1986)…options for the minors in this case were in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See T.D. v. State, 486 So. 2d 40 (Fla. 2d DCA 1986); T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984); W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982). This case is reversed and remanded for entry of an order in compliance with the statute. REVERSED and REMANDED. DAUKSCH, COBB and SHARP, JJ., concur.…
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T.A.W. v. State, 455 So. 2d 582 (Fla. 5th DCA 1984)…placed in a community control program following the child’s discharge from commitment. Community-based sanctions may be imposed by the court at the disposition hearing or at any time prior to the child’s discharge from commitment. . W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982); L.J.N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982); see also T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983). . Ward v. State, 405 So. 2d 503 (Fla. 2d DCA 1982); Gonzalez v. State, 384 So. 2d 57 (Fla. 4th DCA 1980).…
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- L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982)