M.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2011-03-31
No. 1D10-4569
WOLF, DAVIS, and HAWKES, JJ., concur.
58 So. 3d 350 Florida District Court of Appeal, First District (2011) Positive Treatment
Cited by 2 cases

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Synopsis

M.W. appeals her adjudication as delinquent and commitment to a moderate risk facility, challenging the trial court's departure from the Department of Juvenile Justice's probation recommendation. The court reverses, holding that the trial court failed to adequately explain how the more restrictive commitment better served the child's rehabilitative needs as required by E.A.R. v. State.


Holding

The trial court failed to comply with E.A.R. requirements. Although a trial court may rely on the same evidence and factors as the Department in imposing a more restrictive commitment, it must set forth its reasons for reaching a different conclusion regarding the child's rehabilitative needs. Simply restating facts already known to the Department does not constitute an acceptable explanation for departing from the Department's recommendation.


Headnotes

[1] A trial court must articulate an understanding of the characteristics of different restrictiveness levels before departing from a juvenile department's recommendation.

[2] A trial court departing from a juvenile department's recommendation must logically and persuasively explain why a different level is better suited to the juvenile's rehab…

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Key Quotes

“Although a trial court may 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.”

Establishes the core requirement that trial courts cannot simply restate the Department's evidence; they must explain why a different conclusion about rehabilitative needs justifies a more restrictive disposition.

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Facts & Procedural History

M.W. was adjudicated delinquent. The Department of Juvenile Justice recommended probation as the appropriate disposition. However, the trial court imp…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

M.W. appeals a final order adjudicating her delinquent and committing her to a moderate risk facility. She argues that in departing from the Department of Juvenile Justice’s (Department’s) recommendation of probation, the trial court did not comply with the requirements set out in E.A.R. v. State, 4 So.3d 614 (Fla.2009). In particular, M.W. argues the trial court failed to explain how the more restrictive commitment, which the trial court imposed based on the same factors and evidence considered by the Department, better *351served the rehabilitative needs of the child. We agree and, consequently, reverse.

A trial court must conduct the following analysis before departing from the Department’s recommendation:

(1) Articulate an understanding of the respective characteristics of the opposing restrictiveness levels including (but not limited to) the type of child that each restrictiveness level is designed to serve, the potential “lengths of stay” associated with each level, and the divergent treatment programs and services available to the juvenile at these levels; and
(2) Then logically and persuasively explain why, in light of these differing characteristics, one level is better suited to serving both the rehabilitative needs of the juvenile-in the least restrictive setting-and maintaining the ability of the State to protect the public from further acts of delinquency.

Id. at 633. The Court in E.A.R. further explained that:

Simply regurgitating information provided by, and contained within, the DJJ’s comprehensive assessment and PDR does not establish acceptable statutory reasons as to why the court is “disregarding” these documents and the DJJ’s recommended disposition. Rather, such parroting merely communicates that the court concurs with the DJJ’s assessment and PDR but then, for some unexplained, unarticulated “reason,” has imposed a judicially recrafted disposition.

Id. at 638.

Although a trial court may 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. State, 822 So.2d 579 (Fla. 1st DCA 2002) (reversing where a trial court reweighed the same evidence considered by the Department and failed to explain how appellant’s “long prior” record led it to impose moderate risk commitment as opposed to probation).

In the instant case, the trial court erred because it failed to address why moderate risk commitment, rather than probation, was more suitable to address M.W.’s rehabilitative needs. The trial court’s reasons for disagreement were merely a restatement of facts already known to the Department with no explanation of why it came to a different conclusion. Accordingly, we reverse and remand to provide the trial court an opportunity to enter an order in compliance with E.A.R., or, if the court cannot, impose the probation recommended by the Department. See M.K. v. State, 4 So.3d 1271 (Fla. 1st DCA 2009) (reversing and remanding to provide trial court an opportunity to enter an order in compliance with E.A.R. where trial court failed to conduct proper analysis in departing from the DJJ’s recommendation); see also C.M.H. v. State, 25 So.3d 678, 680 (Fla. 1st DCA 2010) (same).

REVERSED.

WOLF, DAVIS, and HAWKES, JJ., concur.


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Citator

Cited By

  • T.W.R. v. State, 80 So. 3d 1110 (Fla. 1st DCA 2012)
    …sentencing order and remand for the trial court to either make the necessary findings to support departing from the DJJ’s recommendation or, if it cannot, enter a new order imposing the probation originally recommended by the DJJ. See M.W. v. State, 58 So. 3d 350, 351 (Fla. 1st DCA 2011). REVERSED and REMANDED with directions. THOMAS, ROBERTS, and MARSTILLER, JJ., concur.…

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