DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
J.T.H., A CHILD, APPELLEE
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W. SHARP, Judge.
HRS appealed from an order of disposition in a delinquency case. The order required HRS to place J.T.H. in a long-term, inpatient, residential treatment facility if funds were available. We initially affirmed the order, but remanded to the trial court to clarify whether the court had adjudicated J.T.H. to be a delinquent. 586 So. 2d 516.
A successor judge has now responded that the adjudication was taken under advisement, but no order was rendered. Accordingly, we are compelled to reverse the order appealed because the court had no power to commit J.T.H. pursuant to sections 39.11(1) and 39.053(3) unless it adjudicated J.T.H. a delinquent.
On remand the successor judge may in his discretion adjudicate J.T.H. delinquent and enter an appropriate order of disposition. Based on this record, J.T.H. appears to be a severely disturbed child.
REVERSED and REMANDED.
GOSHORN, CJ., concurs.
DAUKSCH, J., dissents without opinion.
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Dep't OF Juv. Just. v. J.R., 710 So. 2d 211 (Fla. 1st DCA 1998)…), have appealed similar orders attempting to place juveniles in specific treatment facilities. See e.g., State, Department of Juvenile Justice v. E.W., 704 So. 2d 1148 (Fla. 4th DCA 1998); Department of Health and Rehabilitative Services v. J.T.H., 595 So. 2d 211 (Fla. 5th DCA 1992); Department of Health and Rehabilitative Services v. R.W.K., 556 So. 2d 815 (Fla. 5th DCA 1990); In re the Interest of L.B., 493 So. 2d 554 (Fla. 5th DCA 1986). Section 985.23(1)(d) provides that parties to the case shall include…
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State v. E.R., 724 So. 2d 129 (Fla. 3d DCA 1998)…al and its notice of appeal was timely filed. See Department of Juvenile Justice v. J.R., 710 So. 2d 211, 213 (Fla. 1st DCA 1998); State, Department of Juvenile Justice v. E.W., 704 So. 2d 1148, 1148 (Fla. 4th DCA 1998); Department of HRS v. J.T.H., 595 So. 2d 211, 211 (Fla. 5th DCA 1992). Second, relying on Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986), the juveniles assert that this court’s prior denial of the DJJ’s writ of prohibition established the jurisdiction of the trial court to enter the orde…
Authorities Cited
- Dep't of Health & Rehabilitative Servs. v. J.T.H., 586 So. 2d 516 (Fla. 5th DCA 1991)