J.M., A CHILD, ET AL., PETITIONERS,
v.
STATE OF FLORIDA, RESPONDENT
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A Florida appellate court held that a juvenile court cannot unilaterally extend secure detention beyond 5 days for children committed to moderate risk facilities; only the Department of Juvenile Justice may request such an extension, and only when necessary for appropriate placement. The court granted habeas corpus relief and ordered the remaining detainees released.
A juvenile court cannot extend detention beyond 5 days on its own motion. Only the Department of Juvenile Justice may request a court-approved extension of detention beyond 5 days, and only when the department demonstrates that such extension is necessary for appropriate residential placement.
[1] A juvenile committed to a moderate-risk residential program must be removed from detention within five days of commitment, excluding weekends and holidays, unless the cou…
[2] Continued detention in secure detention care for a juvenile committed to a moderate-risk residential program may not exceed fifteen days after commitment, excluding weeke…
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Join FLexlaw to unlock all legal intelligence“when a child is committed to the Department of Juvenile Justice awaiting dispositional placement, removal of the child from detention care shall occur within 5 days, excluding weekends and legal holidays. If a child is committed to a low or moderate risk residential program, the department may seek an order from the court authorizing continued detention for an appropriate time, not to exceed 15 days”
Establishes the statutory framework: 5-day default removal period with departmental right to request extension up to 15 days for placement purposes
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Join FLexlaw to unlock all legal intelligenceFive juveniles were committed to the Department of Juvenile Justice for placement in moderate risk facilities. The juvenile court ordered all five chi…
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W. SHARP, Judge.
One issue is presented in this consolidated habeas corpus proceeding: .can a juvenile court on its own motion order a child to remain in secure detention for 15 days while awaiting dispositional placement? The juvenile court in this case committed each of the five juvenile petitioners to the department for placement in a moderate risk facility, and ordered the children to be held in secure detention for “max time”, 15 days, pending placement. Although the risk assessment instrument for each juvenile recommended secure detention, the department made no request for an extension of detention from 5 to 15 days pending placement.
Section 985.215(10)(a)1., Florida Statutes (1997), states that when a child is committed to the Department of Juvenile Justice awaiting dispositional placement, removal of the child from detention care shall occur within 5 days, excluding weekends and legal holidays. If a child is committed to a low or moderate risk residential program, the department may seek an order from the court authorizing continued detention for an appropriate time, not to exceed 15 days, excluding weekends and legal holidays.
Respondent notes that three of the juveniles have been released from secure detention, while two remain in secure detention. Respondent argues that the judge as well as the Department of Juvenile Justice can extend detention pending placement on its own motion. However, the plain wording of the statute indicates that a child must be placed within 5 days, unless the department requests and obtains a court approved extension. The purpose of such extension is to receive the necessary time for appropriate residential placement, not to maximize punishment. The court in ordering 15 days “max time” in detention did not indicate that this time was necessary for placement in an appropriate residential facility.
Because a court may only extend detention beyond 5 days pending a juvenile’s placement in a moderate risk facility if the department shows that it is necessary for placement purposes, we grant the petition and direct that the'juveniles remaining in secure detention be released.
PETITION GRANTED.
HARRIS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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A.W. v. State, 711 So. 2d 598 (Fla. 5th DCA 1998)…itioner seeks a Writ of Habeas Corpus to obtain release from secure detention pending placement in a moderate risk residential program. We grant the writ. This case is virtually identical to another recent case decided by this court, J.M. v. State, 705 So. 2d 98 (Fla. 5th DCA 1998). In this new case, the child was committed to the Department of Juvenile Justice [“DJJ”], for placement in a moderate risk facility after disposition in several cases pending against her. At the hearing, the lower court re-prised…
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K.P. v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007)…commitment facility to be held in secure detention for more than the 5 days contemplated by section 985.27(l)(b) without a motion from the Department of Juvenile Justice based on specific information that a placement is imminent. See J.M. v. State, 705 So. 2d 98, 99 (Fla. 5th DCA 1998) (“[A] court may only extend detention beyond 5 days pending a juvenile’s placement in a moderate risk facility if the department shows that it is necessary for placement purposes.”). Although the trial court may have had mer…
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G.P. v. Bessette, 831 So. 2d 1256 (Fla. 1st DCA 2002)…d to DJJ awaiting dispositional placement to a moderate-risk residential program, the child may be held in detention after an order of adjudication for five days unless there is a finding that DJJ will require more time for placement. J.M. v. State, 705 So. 2d 98 (Fla. 5th DCA 1998). DJJ may then request an additional 10 days for a total of 15 days of postadjudication detention for commitment to a moderate-risk program. A juvenile may not be held longer than that unless the juvenile has been committed to a m…
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