T.M., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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T.M., a juvenile, petitioned for a writ of habeas corpus challenging his detention in secure custody based on a finding that he was an "absconder." The Fourth District Court of Appeal granted the petition, holding that the statutory term "absconder" requires a clandestine absence with intent to avoid the legal process, which was not established in the record.
An "absconder" under Florida law requires a clandestine absence with intent to avoid the legal process. T.M.'s conduct in leaving his guardian's house did not meet this definition because nothing in the record showed he acted with intent to avoid the legal process. The case was remanded for a proper hearing on the probation violation.
[1] The detention of juveniles in Florida is governed entirely by statute.
[2] The term "absconder" as it pertains to juveniles is not defined by Florida statute.
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Join FLexlaw to unlock all legal intelligence“the detention of juveniles in Florida is governed entirely by statute”
Establishes that juvenile detention must comply with statutory requirements
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Join FLexlaw to unlock all legal intelligenceT.M. was detained in secure detention after being classified as an "absconder" based on leaving his guardian's house. The trial court found him to be …
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T.M., a child, petitions this court for a writ of habeas corpus, alleging that he has been illegally detained in secure detention. T.M. takes issue with the court’s finding that he is an “absconder.” See § 985.255(1)(a), Fla. Stat. (2009). We grant the petition having reviewed the record as well as the third district’s decision in B.M. v. Dobuler, 979 So.2d 308 (Fla. 3d DCA 2008).
As this court has recognized, the detention of juveniles in Florida is governed entirely by statute. M.P. v. Gardner, 838 So.2d 711, 712 (Fla. 4th DCA 2003); J.J. v. Fryer, 765 So.2d 260, 263 (Fla. 4th DCA 2000). The relevant statutes do not define the term “absconder.” See § 985.03, Fla. Stat. (2009). We are persuaded by the third district’s analysis of the Florida Department and Juvenile Justice’s Probation & Community Corrections Handbook and its criteria for classifying a child as an “absconder” when completing a risk assessment instrument for that child.1 The criteria suggest there must be a “clandestine” absence with intent to avoid the legal process. 979 So.2d at 314-15. Nothing in this record indicates that T.M.’s conduct in leaving guardian’s house was done with an intent to avoid the legal process.
We remand this case to the trial court to conduct a hearing within 24 hours on the petition alleging a violation of a probation program. After such hearing, the trial court may consider the remedies set forth in section 985.439, Florida Statutes (2009), including whether the juvenile should be released.
Petition granted.
MAY, CIKLIN and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- J.J. v. Fryer, 765 So. 2d 260 (Fla. 4th DCA 2000)
- B.M. v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008)
- M.P. v. Gardner, 838 So. 2d 711 (Fla. 4th DCA 2003)
- T.C. v. Jaqueline Layne, 725 So. 2d 1278 (Fla. 4th DCA 1999)