R. S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while a written predisposition report is better practice, its absence did not require reversal without a showing of prejudice. However, failure to rank placement options as required by statute necessitates reversal.
A child appealed an order committing him to the Department of Health and Rehabilitative Services. The child argued due process was denied due to the a…
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MILLS, Judge.
R. S. appeals an order committing him to the custody of the Department of Health and Rehabilitative Services. We affirm in part and reverse in part.
The child asserts that due process was denied when the commitment proceeding was conducted without the prior filing of a written predisposition report. The better practice is for a written report to be provided prior to the hearing. The intent of the Juvenile Justice Act, particularly Section 39.09(3), is best served by this report being submitted in writing prior to any disposition hearing. However, the facts of this case do not require reversal for failure to provide the report in writing. A predisposition report was given orally to both the court and the child’s counsel several days prior to the disposition. A written report was promptly made and filed. There is no assertion that the written and oral reports vary. There is, in fact, no assertion of prejudice to the child made to the trial court. Without some harm having been done, we affirm the action below.
The court gave one placement option instead of the ranking required by Section 39.09(3)(e), Florida Statutes (1981). This is reversed for the reasons expressed in W. Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982), opinion released this date. The cause is remanded for further proceedings.
McCORD, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.
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Dep't OF Health & Rehabilitative Servs. v. R.S., 511 So. 2d 434 (Fla. 5th DCA 1987)…d Rehabilitative Services v. Margain, 495 So. 2d 241 (Fla. 5th DCA 1986); In re Interest of L.B., 493 So. 2d 554 (Fla. 5th DCA 1986); 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); R.S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982); 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 In re Interest of K.A.B., 483 So. 2d 898 (Fla. 5th DCA 1986). This case is reversed and remanded for entry of a c…
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In the Interest of F.D.E. v. State, 510 So. 2d 1076 (Fla. 1st DCA 1987)…tes (1985), insofar as it failed to rank in order of preference the three placement alternatives suggested by H.R.S. We agree and therefore reverse the order, and remand the cause to the court so that it may so rank those options. See R.S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982); W.Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982). JOANOS and ZEHMER, JJ., concur.…
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J. B. v. State, 418 So. 2d 423 (Fla. 1st DCA 1982)…juvenile, his parents, and counsel a reasonable time prior to disposition hearing. While the purpose of the Juvenile Justice Act would best be served by submission of a written predisposition report prior to the disposition hearing, R. S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982), we decline to insert an absolute requirement that the report be in writing into the statute and rule at this time. In this particular case, however, at minimum, the information in the oral predisposition report should have been…
Authorities Cited
- W. Y. v. State, 414 So. 2d 659 (Fla. 1st DCA 1982)