STATE OF FLORIDA, APPELLANT,
v.
Y.H., A CHILD, APPELLEE
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Florida appellate court reversed dismissal of lewd and lascivious act charge against juvenile, holding that service of summons on mother does not trigger the 45-day speedy file rule because the child was never taken into custody.
The juvenile speedy file rule under section 39.048(6) is triggered only when a child is taken into custody, which requires temporary physical control by law enforcement, not merely service of a summons on the parent.
[1] Service of a summons on a juvenile's parent does not constitute "taken into custody" under the juvenile speedy file rule; only temporary physical control by law enforceme…
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Join FLexlaw to unlock all legal intelligenceY.H. was charged with a lewd and lascivious act on a child under sixteen. The trial court dismissed the charge based on the juvenile speedy file rule,…
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PATTERSON, Judge.
The state challenges the trial court’s dismissal of the charge against Y.H. for a lewd and lascivious act on a child under sixteen. The state correctly contends that the trial court erred in dismissing the charge based on section 39.048(6), Florida Statutes (1991), the juvenile “speedy file” rule.
Section 39.048(6), Florida Statutes (1991), provides: “On motions by or in behalf of a child, a petition alleging delinquency shall be dismissed with prejudice if it is not filed within 45 days after the date the child is taken into custody.” The trial court determined that service on Y.H.’s mother of a summons triggered the “speedy file” rule. Section 39.01(51), Florida Statutes (1991), defines “taken into custody”:
“Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, detention, placement, or other disposition as authorized by law.
The state never exercised “temporary physical control” over Y.H. At all times during these proceedings, Y.H. was in his mother’s physical custody. Because Y.H. was never taken into custody, we reverse the trial court’s order dismissing the charge against him and remand for further proceedings.
Reversed and remanded.
FRANK, C.J., concurs.
SCHOONOVER, J., concurs in result only.
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State v. C.S., 636 So. 2d 109 (Fla. 3d DCA 1994)…fore, is the earliest date that he was “taken into custody” for Case II within the meaning of section 39.01(51). Service of the summons on May 4 to appear on May 18 did not amount to the State’s exercise of temporary physical custody. State v. Y.H., 622 So. 2d 1159 (Fla. 2d DCA 1993). When C.S. was taken into custody on May 18, the 45-day rule was no longer in effect. In 1993, the Florida Legislature eliminated the following language from section 39.048: On motions by or in behalf of a child, a petition alle…