IN THE INTEREST OF D.A.T., A CHILD PETITIONER,
v.
GREGORY L. COLER, AS SECRETARY OF THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, JAY KASSACK, AS ASSISTANT SECRETARY CHILDREN, YOUTH AND FAMILIES THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, DELORES G. DRY, AS DISTRICT ADMINISTRATOR, THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, WILLIAM FINE, AS SUPERINTENDENT SOUTHWEST FLORIDA JUVENILE DETENTION CENTER, AND THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RESPONDENTS
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A juvenile adjudicated delinquent and committed to the Department of Health and Rehabilitative Services sought mandamus to compel HRS to place him in a commitment program within five days as required by Florida statute. The court granted the petition, holding that HRS must comply with the statutory placement requirement regardless of resource constraints.
HRS must comply with section 959.12 by removing a juvenile from detention and placing him or her in a commitment program within five days after commitment to HRS. HRS cannot cite lack of resources as justification for non-compliance with the statutory deadline.
[1] A court must rank commitment options provided by the Department of Health and Rehabilitative Services in order of the court's preference, as required by statute.
[2] A trial court's dissatisfaction with the commitment options provided by the Department of Health and Rehabilitative Services does not grant the court authority to refuse…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“section 959.12 requires HRS to remove a juvenile from detention and place him or her in a commitment program within five days after the juvenile has been committed to HRS”
Establishes the core statutory requirement that HRS must comply with
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Join FLexlaw to unlock all legal intelligencePetitioner was a juvenile who had been adjudicated delinquent and committed to the authority of HRS. He sought relief because HRS had not placed him i…
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PER CURIAM.
Petitioner, a juvenile who has been adjudicated delinquent and committed to the authority of the Department of Health and Rehabilitative Services (HRS), seeks a writ of mandamus to compel HRS to comply with section 959.12, Florida Statutes (1987), by placing him in a commitment program. We grant the petition, which we treat as one for a writ of habeas corpus. See In the interest of C.M.T. v. Department of Health and Rehabilitative Services, 550 So. 2d 126 (Fla. 1st DCA 1989).
We agree with petitioner’s argument and the decisions in C.M.T. and B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989), that section 959.12 requires HRS to remove a juvenile from detention and place him or her in a commitment program within five days after the juvenile has been committed to HRS. Although we are not unsympathetic with HRS’s contention that it is unable to comply with the statute because it lacks the resources, that argument is more appropriately addressed to the legislature. We note that section 39.09(3)(e), which provides that HRS submit a list of three commitment placement options, of which options the trial court ranks in order of preference, also states: “The recommendation of the court shall be followed if the commitment resource is available.” Further, section 959.011(3) authorizes HRS to transfer persons from one facility or program to another, including furlough in the community. In no event is the juvenile to remain in detention more than the statutory limit after he or she has been committed to HRS.
Accordingly, the petition is granted, and the case is remanded with directions to HRS to comply with section 959.12.
DANAHY, A.C.J., and PARKER and PATTERSON, JJ., concur.
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Citator
Authorities Cited
- B.E.O. v. State, 544 So. 2d 1175 (Fla. 5th DCA 1989)
- In the Interest of C.M.T. v. Dep't of Health & Rehabilitative Servs., 550 So. 2d 126 (Fla. 1st DCA 1989)