STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE AND STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
E.W., A CHILD, APPELLEE
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PER CURIAM.
This is a consolidated appeal from 1996 and 1997 orders involving a juvenile who has been adjudicated delinquent as well as dependent. We reverse the most recent order because of the absence of proper notice. As for the 1996 orders, while we affirm that part of the order committing E.W. to a restrictiveness level 8, we reverse his placement in a specific facility. See State ex. rel. Department of Health and Rehabilitative Servs. v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983); Department of Health and Rehabilitative Servs. v. State, 616 So. 2d 91 (Fla. 5th DCA 1993). In the Interest of L.W., 615 So. 2d 834 (Fla. 4th DCA 1993) is not persuasive as the juvenile’s placement in that case was pursuant to her dependency. Here, E.W.’s placement was pursuant to his adjudication of delinquency.
We also reverse the ordering of placement within five days. See Department of Health & Rehabilitative Servs. v. State, 625 So. 2d 92 (Fla. 5th DCA 1993). Counsel for the juvenile and his mother waited until the day prior to oral argument here to file a waiver of oral argument, occasioning needless cost and inconvenience to appellant and its counsel. We disapprove of such tardiness.
GLICKSTEIN, DELL and POLEN, JJ., concur.
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Henry & Rilla White Found., Inc. v. Migdal, 720 So. 2d 568 (Fla. 4th DCA 1998)…ed in sections 39.058 and 39.0581, Florida Statutes (Supp.1996), pertaining to serious or habitual juvenile offenders and maximum-risk residential programs. See § 39.022(4)(a), Fla. Stat. (1995). . See State, Department of Juvenile Justice v. E.W., 704 So. 2d 1148 (Fla. 4th DCA 1998); Department of Health and Rehabilitative Services v. State, 616 So. 2d 91, 92 (Fla. 5th DCA 1993); State ex rel. Department of Health and Rehabilitative Services v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983). . Although we were…
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Dep't OF Juv. Just. v. J.R., 710 So. 2d 211 (Fla. 1st DCA 1998)…filed. DJJ and its predecessor agency, the Department of Health and Rehabilitative Services (HRS), 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.…
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State v. E.R., 724 So. 2d 129 (Fla. 3d DCA 1998)…have standing. This is not the case. DJJ has standing to bring this appeal 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 prohib…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- State v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983)
- Dep't of Health & Rehabilitative Servs. v. State, 616 So. 2d 91 (Fla. 5th DCA 1993)
- In the Interest of L.W., 615 So. 2d 834 (Fla. 4th DCA 1993)
- Dep't of Health & Rehabilitative Servs. v. State, 625 So. 2d 92 (Fla. 5th DCA 1993)