IN THE INTEREST OF S.A.M., A CHILD, PETITIONER,
v.
JUDITH BESSETTE, DETENTION SUPERINTENDENT, RESPONDENT
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A juvenile detained on grand theft charges petitioned for habeas corpus, alleging illegal detention in violation of Florida law. The court agreed that the detention was unsupported by the risk assessment instrument and the statutory detention criteria, and granted the writ of habeas corpus.
The detention was illegal. A court may order detention more restrictive than that indicated by the risk assessment instrument only if it states in writing clear and convincing reasons for such placement. Here, no such reasons were provided, and the sole basis offered—failure to appear and alleged contempt of court—does not satisfy the statutory detention criteria under section 39.044(2)(d).
[1] A juvenile may be detained only if the risk assessment instrument indicates detention criteria are met, or if the court provides clear and convincing written reasons for…
[2] Failure to appear on prior occasions, without more, does not constitute clear and convincing reasons for a juvenile's detention beyond that indicated by a risk assessment…
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Join FLexlaw to unlock all legal intelligence“If the court orders a placement in detention more restrictive than that indicated by the results of the risk assessment instrument, the court must state in writing clear and convincing reasons for such placement.”
Establishes the legal requirement that detention orders must be supported by written clear and convincing reasons when more restrictive than the risk assessment indicates.
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Join FLexlaw to unlock all legal intelligenceS.A.M., a juvenile, was taken into custody on August 17, 1994 on two counts of grand theft under section 812.014(2)(c)(1), Florida Statutes. She was b…
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PER CURIAM.
S.A.M., a juvenile, has filed a Petition for Writ of Habeas Corpus alleging that she is being illegally detained in violation of section 39.044(2)(d), Florida Statutes (1990). We agree and grant the writ.
Petitioner was taken into custody on August 17, 1994 on two counts of grand theft. While the petitioner alleges grand theft auto, the response to our show cause order and the supporting documents clearly show the peti tioner is charged with two counts of grand theft under section 812.014(2)(c)(l), Florida Statutes. She was brought before the court for a detention hearing and detained for failure to appear on at least two prior occasions. The risk assessment instrument prepared for the child showed that S.A.M. did not meet any of the detention criteria. The petition alleges that there are no facts to support a finding that petitioner meets detention admission criteria under section 39.044(2)(d).
If the court orders a placement in detention more restrictive than that indicated by the results of the risk assessment instrument, the court must state in writing clear and convincing reasons for such placement. No reason was demonstrated in this ease, other than an allegation that the child was in contempt of court for failure to appear.
Section 39.044(2) delineates the sole criterion to be weighed at the detention hearing for continued detention.
Therefore, the petition for writ of habeas corpus is granted and the petitioner is hereby ordered discharged from the respondent’s custody in the event she is still confined in the Hillsborough Regional Juvenile Detention Center. CAMPBELL, A.C.J., and THREADGILL and BLUE, JJ., concur.