C.J., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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C.J. appeals his adjudication of delinquency and commitment to the Department of Juvenile Justice. The appellate court affirms the adjudication but reverses the disposition, finding that the trial court failed to adequately explain its deviation from the Department's recommendation regarding placement.
The trial court erred by failing to articulate explicit findings regarding C.J.'s rehabilitative needs and by merely restating known facts without explaining why it reached a different conclusion than the Department recommended. Findings supporting deviation from recommended dispositions must be stated by the trial court and cannot be inferred.
[1] A trial court must state its reasons for disagreeing with a department's dispositional recommendation, rather than inferring them.
[2] A trial court's reasons for deviating from a department's dispositional recommendation must be based on more than a restatement of facts already known to the department.
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Join FLexlaw to unlock all legal intelligence“The trial court erred because it failed to refer to the needs of the child or explain why its consideration of the evidence led to a different conclusion than that recommended by the Department.”
States the core holding regarding the trial court's obligation to explain deviations from departmental recommendations
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Join FLexlaw to unlock all legal intelligencePrior to disposition, C.J. had been confined to secure detention, escalated his criminal activity, ran away from home, and disregarded court orders by…
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PER CURIAM.
C.J., a child, appeals the trial court’s adjudication of delinquency and commitment to the Department of Juvenile Justice. The trial court erred because it failed to refer to the needs of the child or explain why its consideration of the evidence led to a different conclusion than that recommended by the Department. S.C. v. State, 877 So. 2d 850 (Fla. 1st DCA 2004); D.R.B. v. State, 876 So. 2d 700 (Fla. 1st DCA 2004). The trial court’s reasons for disagreement were a restatement of facts already known to the Department without an explanation of the reasons for coming to a different conclusion.
The State argues that the trial court found that probation did not sufficiently meet the appellant’s rehabilitative needs where prior to disposition the appellant had to be confined to secure detention, escalated his criminal activity, ran away from home, and disregarded court orders by failing to appear for court. The record does not contain a finding by the trial court regarding appellant’s rehabilitative needs. Findings in support of deviation need to be stated by the trial court, not inferred. See e.g., Q.L.J. v. State, 714 So. 2d 628, 629-30 (Fla. 1st DCA 1998) (affirming the trial court’s departure from the Department’s recommendation where the trial court “based its conclusion that a high-risk placement would be more appropriate principally upon the finding that appellant’s actions established that he was a danger to society and that, therefore, he should be placed in a secure environment for the protection of society”). Accordingly, we affirm the adjudication of delinquency, but reverse the trial court’s disposition and remand for further proceedings.
AFFIRMED in part, REVERSED in part and REMANDED.
ALLEN, VAN NORTWICK and POLSTON, JJ., concur.
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Citator
Cited By
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R.T. v. State, 946 So. 2d 112 (Fla. 1st DCA 2007)…JJ did consider Appellant’s previous encounters with the law in making its recommendation; therefore, the trial court is required to explain why it reached a different conclusion and how this placement will meet Appellant’s needs. See C.J. v. State, 923 So. 2d 553 (Fla. 1st DCA 2006). The focus of the placement must be the needs of the child. N.B. v. State, 911 So. 2d 833 (Fla. 1st DCA 2005). Because the trial court failed to reference the characteristics of the restrictiveness level in relation to Appellant’…
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A.S. v. State, 934 So. 2d 583 (Fla. 1st DCA 2006)…its recommendation led it to different conclusion than DJJ); D.B. v. State, 923 So. 2d 1259, 1260 (Fla. 1st DCA 2006) (holding that merely restating the facts is legally insufficient to support a deviation from DJJ’s recommendation); C.J. v. State, 923 So. 2d 553, 554 (Fla. 1st DCA 2006) (holding that the trial court erred because it did not refer to the needs of the child but merely restated the facts already known to DJJ without explaining why its reasons led to a different conclusion); J.W.M. v. State, 91…
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M.W. v. State, 58 So. 3d 350 (Fla. 1st DCA 2011)…rely on the same evidence and factors as the Department in deciding to impose a more restrictive commitment level, it must set forth its reasons for reaching a different conclusion vis-a-vis the rehabilitative needs of the child. See C.J. v. State, 923 So. 2d 553, 554 (Fla. 1st DCA 2006) (reversing where a trial court found probation inappropriate because appellant ran away from home and disregarded court orders but failed to make a finding regarding appellant’s rehabilitative needs); see also E.S.B. v. Stat…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Q.L.J. v. State, 714 So. 2d 628 (Fla. 1st DCA 1998)
- D.R.B., Jr. v. State, 876 So. 2d 700 (Fla. 1st DCA 2004)
- S.C. v. State, 877 So. 2d 850 (Fla. 1st DCA 2004)