R.P., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
R.P., A CHILD, PETITIONER,
STATE OF FLORIDA, RESPONDENT
550 So. 2d 543
Florida District Court of Appeal, Fifth District (1989)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Petitioner, a child, has been in secure detention for more than five days after being committed to the Department of Health and Rehabilitative Services, contrary to section 959.12, Florida Statutes and seeks a writ of habeas corpus. The State’s response concedes that the child has not been placed within the time limit provided, but contends that none of the designated placement options are immediately available. In B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989) this court held that section 959.12 is mandatory and the child must be removed from detention within five days, therefore the petition for writ of habeas corpus is granted and the writ is issued.
WRIT ISSUED.
DANIEL, C.J., and SHARP and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't of Health & Rehabilitative Servs. v. R.S., 567 So. 2d 532 (Fla. 5th DCA 1990)…willfully failed to comply with the order and implies that the child has not been removed from detention. Section 959.12 is very specific about the five-day requirement of placement, and this court has strictly construed this section. R.P. v. State, 550 So. 2d 543 (Fla. 5th DCA 1989); B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989). While the trial court may have exceeded its statutory authority by specifying the facility in which HRS was to place the child and later threatening contempt for noncomplian…
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In the Interest of A.B., 553 So. 2d 1349 (Fla. 4th DCA 1989)…was subsequently placed into a commitment program prior to issuance of the court’s opinion. Accordingly, the court withheld issuance of the writ, but granted the petition, which it construed as a petition for writ of habeas corpus. In R.P. v. State, 550 So. 2d 543 (Fla. 5th DCA 1989), the Fifth District Court of Appeal granted a petition for writ of habeas corpus in similar circumstances. We agree with the First and Fifth Districts, including their conclusion that section 959.12, Florida Statutes, is mandato…
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R.L. v. State, 578 So. 2d 862 (Fla. 5th DCA 1991)…lacement in excess of the time period permitted in section 39.044(11), Florida Statutes (Supp.1990).2 This section replaced section 959.-12, Florida Statutes (1989), which required removal from detention to placement within five days. R.P. v. State, 550 So. 2d 543 (Fla. 5th DCA 1989); B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989). Under the current statute, in addition to the five day period in secure detention, section 39.-044(11) allows HRS to transfer a child from secure detention to nonsecure or ho…
Authorities Cited
- B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989)