L.S., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A minor appeals his commitment to a moderate risk juvenile facility after pleading guilty to trespassing. The court reversed because the trial court failed to adequately explain why it departed from the Department of Juvenile Justice's probation recommendation and did not reference how the moderate risk facility's characteristics matched the child's needs.
The trial court's commitment order was reversible error because it failed to explain why consideration of the identical facts led it to reach a different conclusion than the DJJ's recommendation, and it failed to reference the characteristics of the moderate risk facility vis-à-vis the child's needs.
[1] A trial court must state for the record reasons, supported by a preponderance of the evidence, why it is disregarding the Department of Juvenile Justice's recommended res…
[2] When a trial court deviates from the Department of Juvenile Justice's recommendation, it must explain why its consideration of the evidence leads to a different conclusio…
Previewing 2 of 4 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“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 reasons that establish by preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.”
Statutory requirement that courts explain deviations from DJJ recommendations with preponderance of evidence support
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceL.S. was arrested for burglary in February 2007 and placed on home detention. He absconded for 23 days in May 2007 but was again placed on home detent…
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PER CURIAM.
Appellant appeals the trial court’s order committing him to a moderate risk facility. Because the trial court erred when it failed to explain why its consideration of the evidence led it to reach a different conclusion than that recommended by the Department of Juvenile Justice (DJJ) and faded to reference the characteristics of a moderate risk facility vis-a-vis Appellant’s needs, we must reverse.
Appellant was arrested for burglary of a dwelling on February 27, 2007, and placed on home detention. Although Appellant absconded for 23 days in May 2007, the court again placed him on home detention upon his return home. Appellant pled guilty to trespassing in June 2007 and the DJJ completed a predisposition report, recommending that Appellant be placed on probation. Instead, the court placed Appellant in a moderate risk commitment facility following his disposition hearing. The court gave no reason for its deviation from the DJJ’s recommendation at the hearing, but stated in its written order that “[Appellant] has a history of not obeying the law or authority figures. This requires a more restrictive disposition for protecting the public.”
Section 985.433(7)(b), Florida Statutes (2006), permits the court to deviate from the DJJ’s recommendation, stating,
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 reasons that establish by preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.
When the trial court departs from 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, the court did not specifically explain why it departed from the DJJ’s recommendation upon its consideration of the identical facts which the DJJ considered when recommending probation for Appellant. This is reversible error. See E.S.B. v. State, 822 So. 2d 579, 581 (Fla. 1st DCA 2002) (stating that the court may reweigh the same factors the DJJ used, but it must explain why such evidence led it to reach a different conclusion). Additionally, the court order did not reference the characteristics of a moderate risk commitment vis-a-vis Appellant’s needs. This is also reversible error. See A.C.N., 727 So. 2d at 370 (holding that trial court must reference the characteristics of the restrictiveness level vis-a-vis the needs of the child). Accordingly, we reverse the trial court’s order and remand for a new disposition hearing. C.M.K. v. State, 855 So. 2d 1234, 1236 (Fla. 1st DCA 2003).
REVERSED and REMANDED.
PADOVANÓ, LEWIS, and THOMAS, JJ., concur.
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Citator
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T.W.R. v. State, 80 So. 3d 1110 (Fla. 1st DCA 2012)…y have insight into the types of programs provided at certain juvenile detention facilities, E.A.R. requires a trial court place that knowledge on record if the judge intends to rely on these types of findings to support deviations”); L.S. v. State, 978 So. 2d 220, 221 (Fla. 1st DCA 2008) (reversing a decision to deviate to a moderate-risk facility where the trial court failed to “reference the characteristics of a moderate risk commitment vis-a-vis Appellant’s, needs”). Second, the trial court failed to “lo…
Authorities Cited
- In the Interest of A.C.N. v. State, 727 So. 2d 368 (Fla. 1st DCA 1999)
- E.S.B. v. State, 822 So. 2d 579 (Fla. 1st DCA 2002)
- C.C.B. v. State, 828 So. 2d 429 (Fla. 1st DCA 2002)
- C.M.K. v. State, 855 So. 2d 1234 (Fla. 1st DCA 2003)