DEPARTMENT OF CHILDREN AND FAMILIES, PETITIONER,
v.
W.M.J., A CHILD, RESPONDENT
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The petitioner, Department of Children and Families, seeks a writ of certiorari to review the order of the trial court which committed an incompetent juvenile to the Department for competency restoration, in a case in which the juvenile’s alleged delinquent act would constitute a misdemeanor if committed by an adult. The trial court’s order provides:
The child is committed to the Department of Children and Families for assistance and supervision with the goal of the restoration of the child’s competency to proceed.
The trial court rendering this decision may not have had the benefit of our opinion in Department of Children and Families v. E.M.S., 841 So. 2d 621 (Fla. 5th DCA 2003). This case is indistinguishable from E.M.S. and Department of Children and Families v. J.K, 752 So. 2d 87 (Fla. 1st DCA 2000). Under the applicable statute, section 985.223(2), Florida Statutes, an incompetent juvenile charged with the equivalent of a misdemeanor offense may not be committed to the Department for restoration of competency treatment or training services.
Accordingly, we grant the Department’s petition for writ of certiorari, quash the order under review, and remand for further proceedings.
GRANT Petition for Writ of Certiorari and remand; QUASH Order. PETERSON and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dep't OF Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003)…t is affected by the order and no other remedy is available. The Department claims that the court exceeded its authority in directing it, as Harter’s legal custodian, to provide a specific treatment. Cf Department of Children and Families v. W.M.J., 849 So. 2d 1147 (Fla. 5th DCA 2003); Department of Children and Families v. M.C., 847 So. 2d 598 (Fla. 5th DCA 2003); Department of Children and Families v. E.M.S., 841 So. 2d 621 (Fla. 5th DCA 2003).2 Section 916.15(2), Florida Statutes (2002), states in pertinen…
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W.G. v. State, 910 So. 2d 330 (Fla. 4th DCA 2005)….M.S, 841 So. 2d 621 (Fla. 5th DCA 2003); Department of Children & Families v. J.K., 752 So. 2d 87 (Fla. 1st DCA 2000); Department of Children & Family Services v. A.A.ST.M., 706 So. 2d 367 (Fla. 5th DCA 1998); Department of Children and Families v. 849 So. 2d 1147 (Fla. 5th DCA 2003) (enforcing prohibition against commitment to DCF for juvenile charged with a misdemeanor). The interaction between these statutory sections negates the availability of competency restorative services for a juvenile found incompe…
Authorities Cited
- Dep't OF Child. & Families v. E.M.S, 841 So. 2d 621 (Fla. 5th DCA 2003)
- Dep't OF Child. & Families v. J.K., 752 So. 2d 87 (Fla. 1st DCA 2000)