R.T., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2007-01-05
No. 1D06-2352
KAHN, HAWKES, and THOMAS, JJ., concur.
946 So. 2d 112 Florida District Court of Appeal, First District (2007) Positive Treatment
Cited by 6 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

In this juvenile delinquency case, the appellate court reversed a trial court's order committing a minor to high-risk residential placement because the trial court failed to adequately explain its reasons for departing from the Department of Juvenile Justice's recommendation and did not relate the characteristics of the high-risk facility to the child's needs.


Holding

The trial court erred by failing to reference the characteristics of the high-risk facility in relation to the child's needs and failing to explain why its consideration of the evidence led to a different conclusion than the DJJ's recommendation. A trial court departing from the DJJ's recommendation must state reasons supported by preponderance of the evidence and make reference to the characteristics of the restrictiveness level vis-à-vis the child's needs.


Headnotes

[1] When a trial court departs from a juvenile's recommended restrictiveness level, it must state on the record the reasons for disregarding the recommendation, supported by…

[2] A trial court's reasons for departing from a juvenile's recommended restrictiveness level must explain how a more restrictive program will protect the community.

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.”

Establishes the statutory requirement for trial court reasoning when departing from DJJ recommendations

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

A juvenile was adjudicated delinquent and the trial court ordered commitment to high-risk residential placement. The DJJ's official recommendation was…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

In this juvenile delinquency áppeal, Appellant seeks review of an order adjudicating him delinquent and committing him to the Department of Juvenile Justice (DJJ) for high-risk residential placement. We write only to address Appellant’s complaint that the trial court failed to adequately specify its reasons for an upward departure from the recommendation by the DJJ. Because the trial court erred when it failed to reference the characteristics of a high-risk facility in relation to Appellant’s needs and failed to explain why its consideration of the evidence led to a different conclusion than that recommended by the DJJ, we must reverse.

Section 985.23(3)(c), Florida Statutes (2005), provides,

The court shall commit the child to the department at the restrictiveness level identified or may order placement at a different restrictiveness level. The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.

We have consistently held that when a trial court departs from the DJJ’s recommendation, it “must not only state its reasons for disregarding the recommended restrictiveness level on the record, the reasons must also be supported by a preponderance of the evidence and must make reference to the characteristics of the restrictiveness level vis-a-vis the needs of the child.” C.C.B. v. State, 828 So. 2d 429, 431 (Fla. 1st DCA 2002) (citing A. C.N. v. State, 727 So. 2d 368, 370 (Fla. 1st DCA 1999)).

Here, although the DJJ’s official recommendation included a moderate risk placement, at the disposition hearing the DJJ representative acknowledged that Appellant is in fact a high-risk child and that its recommendation was changed to moderate risk only because Appellant could be placed more quickly in a moderate-risk facility. The trial court, however, disagreed with the DJJ’s moderate risk recommendation, finding that public safety concerns dictate that Appellant should be sentenced to a high-risk facility and remain securely detained.

While community protection is an appropriate reason to depart from the DJJ’s recommendation, the court must explain why a more restrictive program will protect the community. See A.C.N., 727 So. 2d at 371 (explaining that the deviation was insufficient because the trial court did not state how the violent or serious nature of appellant’s offenses might establish the need for a more secure placement). The record here demonstrates that this is at least Appellant’s third encounter with the law, and all of the incidents involve firearms. Although the trial court implicitly stated that the public will be safer with Appellant placed in a high-risk facility because of his propensity to carry guns, this is not stated on the record.

Furthermore, the DJJ 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’s needs, we reverse the trial court’s disposition order and remand for further proceedings.

Appellant’s second issue raised on appeal is affirmed without comment.

AFFIRMED in part, REVERSED in part, and REMANDED.

KAHN, HAWKES, and THOMAS, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • E.A.R. v. State, 4 So. 3d 614 (Fla. 2009)
    …21 So. 2d at 443 (Griffin, C.J., dissenting) (citing § 985.03(45), Fla. Stat. (1997)); see E.A.R., 975 So. 2d at 611. According to the Fourth District, later cases, such as J.M. v. State, 939 So. 2d 1138, 1139 (Fla. 5th DCA 2006), and R.T. v. State, 946 So. 2d 112, 113 (Fla. 1st DCA 2007), transformed this observation into an affirmative requirement that juvenile courts “must reference the characteristics of the restrictiveness level vis-a-vis the needs of the child.” E.A.R., 975 So. 2d at 611-12. “In this wa…
  • E.A.R. v. State, 975 So. 2d 610 (Fla. 4th DCA 2008)
    …DCA 2006) (relying on A.G. for the proposition that a judge disregarding a DJJ commitment recommendation “must state its reasons and ‘must reference the characteristics of the restrictiveness level vis-a-vis the needs of the child’”); R.T. v. State, 946 So. 2d 112, 113 (Fla. 1st DCA 2007). In this way, a general concept of relatedness evolved into a judge’s obligation to articulate the precise connection between a sentence and the child’s needs. In this case, the trial court adequately provided its reasons f…
  • N.D.E. v. State, 971 So. 2d 268 (Fla. 1st DCA 2008)
    …instead, ordering a high-risk placement failed to identify the characteristics of such a placement that would better meet appellant’s needs than would a moderate-risk placement and were in part unsupported by any evidence. See, e.g., R.T. v. State, 946 So. 2d 112, 113 (Fla. 1st DCA 2007) (citing cases); J.A.R. v. State, 923 So. 2d 604, 605 (Fla. 2d DCA 2006). REVERSED and REMANDED. KAHN, WEBSTER, and ROBERTS, JJ., concur.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw