D.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
D.B., a child, challenges his commitment to a moderate risk residential facility, as opposed to probation, which the Department of Juvenile Justice recommended. We find that the trial court failed to set forth its reasons for disregarding the recommendation in the context of the child’s needs or explain why its consideration of the same factors relied upon by the Department led to a different conclusion. See A.C.N. v. State, 727 So. 2d 368, 370 (Fla. 1st DCA 1999); N.W. v. State, 835 So. 2d 1263 (Fla. 1st DCA 2003); N.B. v. State, 911 So. 2d 833 (Fla. 1st DCA 2005). Instead, the trial court merely restated the facts of the case as support for its decision. Such reasons are legally insufficient. Therefore, we reverse the trial court’s disposition and remand for further proceedings.
ALLEN, PADOYANO and BROWNING, JJ., concur.
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P.Y. v. State, 976 So. 2d 1168 (Fla. 1st DCA 2008)…or factors already considered by the Department, the trial court must explain why such evidence led the court to reach a conclusion which differs from the Department’s.” (citing J.W.M. v. State, 911 So. 2d 1289 (Fla. 1st DCA 2005))); D.B. v. State, 923 So. 2d 1259, 1260 (Fla. 1st DCA 2006). Basing its decision on the protection of the public did not absolve the court of its responsibility to relate the level of commitment it imposed to the needs or attributes of the particular child. See A.C.N., 727 So. 2d a…
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A.S. v. State, 934 So. 2d 583 (Fla. 1st DCA 2006)…l. See K.B v. State, 923 So. 2d 1261, 1262 (Fla. 1st DCA 2006) (holding that the trial court failed to explain why its consideration of the same factors considered by DJJ in 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 n…
Authorities Cited
- In the Interest of A.C.N. v. State, 727 So. 2d 368 (Fla. 1st DCA 1999)
- N.B. v. State, 911 So. 2d 833 (Fla. 1st DCA 2005)
- Jerrells v. Fla. 12 Inc., 835 So. 2d 1263 (Fla. 1st DCA 2003)