N.S., A CHILD, PETITIONER,
v.
ANTHONY FLOWERS, SUPERINTENDENT, PALM BEACH REGIONAL JUVENILE DETENTION CENTER, RESPONDENT
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PER CURIAM.
N.S., a juvenile, petitions this court for a writ of habeas corpus, contending that she is being unlawfully detained in secure detention despite a risk assessment instrument (RAI) score of zero. The trial court did not give written reasons for ordering N.S.’s more restrictive placement. A trial court is required to provide written reasons if it orders a more restrictive placement than indicated by the RAI. See § 985.255(2), (3)(b), Fla. Stat. (2006); M.P. v. Gardner, 838 So. 2d 711, 713 (Fla. 4th DCA 2003); T.D.S. v. State, 922 So. 2d 346 (Fla. 5th DCA 2006). Accordingly, the petition for writ of habeas corpus is hereby granted. The circuit court shall immediately release N.S. from secure detention. It may revisit the issue and enter written findings that would support N.S.’s continued detention if there is a basis to do so. See D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003).
STONE, WARNER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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S.W. v. State, 987 So. 2d 173 (Fla. 4th DCA 2008)…ner, 801 So. 2d 295, 296 (Fla. 2d DCA 2001) (ordering the petitioner released from secure detention-but, because the statute required detention care pending placement, directing that he be placed in less restrictive detention care); N.S. v. Flowers, 963 So. 2d 310 (Fla. 4th DCA 2007) (requiring the petitioner’s immediate release from secure detention). As we provided in N.S., the trial court may revisit the issue and enter written findings supporting continued secure detention if it finds there is a basis to…
Authorities Cited
- D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003)
- M.P. v. Gardner, 838 So. 2d 711 (Fla. 4th DCA 2003)
- White v. State, 922 So. 2d 346 (Fla. 1st DCA 2006)
- T.D.S. v. State, 922 So. 2d 346 (Fla. 5th DCA 2006)