J. B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A juvenile appealed his commitment order to the Department of Health and Rehabilitative Services after adjudication of delinquency, arguing that the court violated procedural requirements by relying on an oral predisposition report without providing him and his parents advance notice and a meaningful opportunity to confront the information. The appellate court held that while a written report is not absolutely required, the juvenile and his parents must be given advance disclosure of predisposition information to allow meaningful opportunity for rebuttal.
While an absolute requirement that predisposition reports be in written form is not mandated by statute and rule, at minimum the information in any predisposition report must be disclosed to the juvenile and his parents a reasonable time prior to the disposition hearing to provide them a meaningful opportunity to confront and respond to that information.
[1] A juvenile disposition hearing requires disclosure of the contents of a predisposition report to the juvenile and parents a reasonable time prior to the hearing to allow…
[2] While a written predisposition report is preferred, an oral predisposition report must still be disclosed to the juvenile and parents with adequate opportunity to rebut o…
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Join FLexlaw to unlock all legal intelligence“at minimum, the information in the oral predisposition report should have been disclosed to appellant and his parents a reasonable time prior to the disposition hearing so that they would have a meaningful opportunity to confront the information contained in the report”
Establishes the minimum constitutional/procedural requirement for predisposition reports in juvenile cases
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Join FLexlaw to unlock all legal intelligenceFollowing J.B.'s adjudication as a delinquent, the court held a disposition hearing. An oral predisposition report was presented by an HRS counselor i…
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JOANOS, Judge.
In this appeal from an order of commitment to the Department of Health and Rehabilitative Services following adjudication of delinquency, J. B. contends the court erred in committing him without the benefit of a written predisposition report, without allowing him an adequate opportunity to rebut or explain factual information contained in the oral report, and without disclosing the contents of the report to appellant and his parents.
Appellant’s counsel was in attendance when an oral predisposition report was presented by the HRS counselor in the judge’s chambers. Apparently, although the record is not completely satisfactory in this regard, the disposition hearing took place immediately thereafter. Appellant’s counsel objected to proceeding in this fashion because appellant and his parents were provided no opportunity to confront the information, revealed in the oral report, which counsel asserted was extremely damaging. In response to this objection, the court requested that the HRS counselor give the oral report again, in the courtroom, but defense counsel objected to that procedure because other people were present in the courtroom. The court responded that counsel could not have it both ways, to which another objection was lodged. The judge then recited the information in the report on which he intended to rely, asked for the recommendation of the state attorney, and proceeded to dispose of the case without pausing to inquire whether appellant or his parents cared to comment on the information.
Appellant directs our attention to Fla.R.Juv.P. 8.200 and subsections 39.-09(3)(a), (c), and (j), Florida Statutes (1981), arguing that meaningful compliance with these provisions requires preparation of a written predisposition report made available to the 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 disclosed to appellant and his parents a reasonable time prior to the disposition hearing so that they would have a meaningful opportunity to confront the information contained in the report. See Fla.R.Juv.P. 8.200(b). See also S. C. H. v. State, 404 So. 2d 811 (Fla. 1st DCA 1981); C. G. H. v. State, 404 So. 2d 400 (Fla. 5th DCA 1981); R. V. P. v. State, 395 So. 2d 291 (Fla. 5th DCA 1981).
The order of commitment is VACATED and the case is REMANDED for proceedings consistent with this opinion.
McCORD and ERVIN, JJ., concur.
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Authorities Cited
- In the Interest of R. v. P., 395 So. 2d 291 (Fla. 5th DCA 1981)
- Ballance v. Ballance, 404 So. 2d 400 (Fla. 5th DCA 1981)
- R. S. v. State, 414 So. 2d 660 (Fla. 1st DCA 1982)
- S. C. H. v. State, 404 So. 2d 811 (Fla. 1st DCA 1981)