A.B. A CHILD
v.
STATE OF FLORIDA
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.
A juvenile appeals his delinquency adjudication and commitment to a nonsecure residential program. The trial court erred by failing to reduce to writing its oral findings required by Florida Statute § 985.441(2)(d) before committing the juvenile to nonsecure residential placement. The court affirms the delinquency adjudication but reverses the commitment order and remands for compliance with the statutory writing requirement.
A trial court errs when it orders a juvenile to a nonsecure residential program without making written findings as required by statute. The court affirms the delinquency adjudication but reverses the commitment and remands for the trial court to reduce its oral findings to writing in compliance with § 985.441(2)(d).
[1] When a trial court orders commitment of an adjudicated delinquent child to a nonsecure residential program for a misdemeanor offense, section 985.441(2)(d) requires writt…
Previewing 1 of 1 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“A court errs in ordering a juvenile to a non-secure residential program without making the required written findings.”
Court cites precedent from R.L.C. v. State, 241 So. 3d 199, 201 (Fla. 4th DCA 2018) establishing the governing legal standard.
The juvenile was adjudicated delinquent for a misdemeanor offense. At the disposition hearing, the trial court made an oral pronouncement finding that…
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.
Explore caselaw by topic → Browse Written Findings Requirement cases and more on FLexlaw
PER CURIAM. The juvenile appeals the trial court’s disposition orders adjudicating him delinquent and committing him to a nonsecure residential program. As the State concedes, the trial court erred when it failed to make the written findings required by section 985.441(2)(d), Florida Statutes (2019). Section 985.441(2)(d) provides:
(2) Notwithstanding subsection (1), the court having jurisdiction over an adjudicated delinquent child whose offense is a misdemeanor, or a child who is currently on probation for a misdemeanor, may not commit the child for any misdemeanor offense or any probation violation that is technical in nature and not a new violation of law at a restrictiveness level other than minimum-risk nonresidential. However, the court may commit such child to a nonsecure residential placement if: . . .
(d) The court finds by a preponderance of the evidence that the protection of the public requires such placement or that the particular needs of the child would be best served by such placement. Such finding must be in writing. (Emphasis added). “A court errs in ordering a juvenile to a non-secure residential program without making the required written findings.” R.L.C. v. State, 241 So. 3d 199, 201 (Fla. 4th DCA 2018). When a trial court fails to make such written findings, the case should be reversed and remanded for the trial court to comply with section 985.441. See id.; see also K.R. v. State, 274 So. 3d 1236, 1237 (Fla. 5th DCA 2019) (reversing and remanding for the trial court to reduce to writing its oral findings that the appellant’s “particular needs would best be served by placing her in a nonsecure residential program”); R.S. v. State, 204 So. 3d 990, 990 (Fla. 1st DCA 2016) (reversing disposition order and remanding for the trial court to make the required written findings to support its placement decision “or if it is unable to do so, to enter an appropriate disposition order”); K.M.H. v. State, 91 So. 3d 262, 264 (Fla. 1st DCA 2012) (reversing and remanding for the trial court to enter a written order in compliance with section 985.441(2)(d) “if it can do so”). Here, the trial court made an oral pronouncement at the disposition hearing to support its decision to commit the juvenile to a nonsecure residential program, finding that the juvenile’s needs would be best met by a nonsecure program:
[T]he Court is . . . finding by a preponderance of the evidence that the . . . particular needs of this youth are best served in that placement. This isn’t a case of protecting the public. It’s a case of protecting the youth from themselves. Despite the trial court’s indication that it would reduce its findings to writing, it failed to do so. We therefore affirm the juvenile’s adjudications of delinquency, but reverse his commitment and remand for the trial court to reduce its oral findings to writing in compliance with section 985.441. Affirmed in part, reversed in part, and remanded with directions. LEVINE, C.J., GROSS and CONNER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Orando Ricardo Thompson v. State, 257 So. 3d 573 (Fla. 1st DCA 2018)
- Scott v. State, 91 So. 3d 262 (Fla. 5th DCA 2012)