J.E.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida District Court of Appeal reversed a juvenile delinquency adjudication and commitment order because the trial court conducted the disposition hearing without a completed predisposition report, violating strict statutory compliance requirements under section 39.052(4), Florida Statutes. The court affirmed only the restitution ordered.
The trial court failed to comply with mandatory statutory procedures for disposition hearings by proceeding with adjudication and commitment without a completed predisposition report. The court also failed to reduce to writing its reasons for adjudication and commitment and did not state on the record its reasons for disregarding the Department's recommendations.
[1] A trial court must strictly comply with statutory procedures for juvenile disposition hearings.
[2] A disposition hearing requires consideration of a predisposition report detailing the child's needs, risk classification, and treatment plan.
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Join FLexlaw to unlock all legal intelligence“the court is required to consider a predisposition report "regarding the suitability of the child for disposition other than by adjudication and commitment" that shall indicate and report the child's priority needs, recommendations as to a classification of risk for the child in the context of his program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the child's needs with the minimum program security that reasonably ensures public safety.”
Establishes the mandatory statutory requirements for what must be considered at a disposition hearing.
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Join FLexlaw to unlock all legal intelligenceThe appellant, a child, pleaded no contest to charges of petit theft and grand theft. The Department of Juvenile Justice recommended that disposition …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
Appellant raises two issues in this appeal from an order of adjudication of delinquency and commitment to the Department of Juvenile Justice. First, appellant argues that the trial court failed to comply with the disposition hearing requirements of section 39.052(4), Florida Statutes (1995). We agree and are obliged to reverse on this issue. We affirm, however, the restitution ordered without further discussion.
Appellant pled no contest to charges of petit theft and grand theft. The Department of Juvenile Justice later recommended to the court that disposition be continued until appellant had undergone psychiatric evaluation so that the Department could complete its predisposition report by making placement and other recommendations and propose a treatment plan. After the court was informed at the disposition hearing that the psychiatric evaluation was pending and although the Department had not completed the predisposition report, the trial court adjudicated appellant delinquent and sentenced him to a moderate risk residential level.
Section 39.052(4), Florida Statutes, contains specific procedures for disposition hearings. At a disposition hearing, the court is required to consider a predisposition report “regarding the suitability of the child for disposition other than by adjudication and commitment” that shall indicate and report the child’s priority needs, recommendations as to a classification of risk for the child in the context of his program and supervision needs, and a plan for treatment that recommends the most appropriate placement setting to meet the child’s needs with the minimum program security that reasonably ensures public safety.
§ 39.052(4)(a), Fla.Stat. (1995). The trial court in the instant ease had none of this before it at the disposition hearing because the predisposition report had not been completed. In addition, despite the statute’s requirement, the court did not reduce to 'writing its reasons for adjudicating appellant delinquent and committing him. § 39.052(4)(e)l., Fla.Stat. Similarly, the court is required to consider the Department’s placement and restrictiveness level recommendations for a child, and if the court disregards them, the court must state its reasons on the record. § 39.052(4)(e)2., 3., Fla.Stat. Because the predisposition report was incomplete, the court did not have the required Department recommendations before it and stated no reasons for its actions on the record.
We have previously held, as have other courts, that strict compliance with the statutory procedures in disposition hearings is required. B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994) (holding trial court erred by ordering disposition without predisposition report); M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993) (holding trial court erred by failing to express reasons for adjudication and commitment and by failing to consider a predisposition report); R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA) (holding that where trial court failed to make separate findings to adjudicate and commit child, court’s adoption of detailed department recommendation constitutes compliance), review denied, 601 So. 2d 553 (Fla.1992); T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983) (stating that failure to comply strictly with mandatory statutory provisions for disposition hearings results in reversible error); see also, H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992) (remanding for resentencing where court failed to make statutorily required findings supporting adjudication and commitment). In the instant case, the statutorily required predisposition report containing the requisite recommendations and analyses had not been completed, and the court proceeded to adjudication and sentence without it.1 Because of this and the other errors discussed, we are obliged to vacate the sentence and remand for a new disposition hearing.
ERVIN, MINER and VAN NORTWICK, JJ., concur. . Although the predisposition report may be knowingly and intelligently waived, there is no evidence that appellant did so in this case. B.B. v. State at 269.
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E.L. v. State, 715 So. 2d 353 (Fla. 1st DCA 1998)…court’s findings resulting in a modified level of restrietiveness pursuant to this subpara-graph. The law is clear that compliance with the above provisions is mandatory and that failure to comply constitutes reversible error. See J.E.W. v. State, 672 So. 2d 72 (Fla. 1st DCA 1996); P.D.W. v. State, 621 So. 2d 739 (Fla. 2d DCA 1993); R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992). Here, the Department recommended moderate risk placement, but the court determined that placement was insufficient, and, in…
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K.D. v. State, 911 So. 2d 885 (Fla. 1st DCA 2005)…g a final disposition of the case. (Emphasis added.) Failure to strictly comply with mandatory statutory provisions for disposition hearings results in reversible error. T.S.J. v. State, 439 So. 2d 966, 968 (Fla. 1st DCA 1983). In J.E.W. v. State, 672 So. 2d 72, 73 (Fla. 1st DCA 1996), and B.A.B. v. State, 853 So. 2d 554, 555 (Fla. 1st DCA 2003), this court reiterated that strict compliance with the statutory procedures in disposition hearings is required. As in J.E.W. where disposition was imposed without…
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A.K. v. State, 713 So. 2d 1031 (Fla. 5th DCA 1998)…strictiveness level, and if the court disregards them, the court must state its reasons on the record. No reasons were stated here for disregarding the Department’s recommendations, so we must set aside the Order of Disposition. See J.E.W. v. State, 672 So. 2d 72 (Fla. 1st DCA 1996). See also, J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996). The Order of Disposition is reversed, and the cause remanded for further proceedings. REVERSED and REMANDED. DAUKSCH and THOMPSON, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the Interest of T.S.J. v. State, 439 So. 2d 966 (Fla. 1st DCA 1983)
- R.G.S. v. State, 597 So. 2d 816 (Fla. 2d DCA 1992)
- M.H. v. State, 621 So. 2d 527 (Fla. 2d DCA 1993)
- H.L.L. v. State, 595 So. 2d 223 (Fla. 2d DCA 1992)
- Powell v. State, 595 So. 2d 223 (Fla. 1st DCA 1992)
- In the Interest of B.B. v. State, 647 So. 2d 268 (Fla. 4th DCA 1994)