DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANT,
v.
A.E., A CHILD, APPELLEE
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The court held that the juvenile court lacks the power to order involuntary commitment of a child alleged to be delinquent under chapter 916.
The trial court found a ten-year-old male, A.E., incompetent to proceed and ordered him committed to the Department of Health and Rehabilitative Servi…
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PARKER, Judge.
The Department of Health and Rehabilitative Services appeals an order which found A.E. mentally incompetent to proceed with the trial and pretrial hearings and ordered him committed to a treatment facility. A.E. concedes error, and we reverse.
The trial court found that A.E. was incompetent to proceed and ordered the ten-year-old male committed to the Department for placement in a mental health treatment facility ' pursuant to section 916.13(2), Florida Statutes (1993). The Department and A.E. agree that chapter 916 is inapplicable in juvenile proceedings. Recently, the Fifth District addressed this issue and held that “[t]he juvenile court lacks the power to order the involuntary commitment of a child alleged to be delinquent.” Department of Health & Rehabilitative Servs. v. State, 655 So. 2d 227, 229 (Fla. 5th DCA 1995). We agree.
We reverse the order and direct that proceedings shall be commenced for the involuntary hospitalization of the child as provided under sections 39.046, 394.467, and 393.11, Florida Statutes (1993). The trial court should note that the Department requests that the child remain with the mother pending disposition of those proceedings. If A.E. does not meet the involuntary criteria under those sections, then the court should order appropriate nondelinquency treatment to restore the child's competence. See Fla. R.Juv.P. 8.095.
Reversed and remanded.
FRANK, A.C.J., and FULMER, J„ concur.
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T.L. v. State, 670 So. 2d 172 (Fla. 4th DCA 1996)…ings are governed solely by the Rules of Juvenile Procedure and chapter 39, Florida Statutes. Department of Health and Rehabilitative Servs. v. State, 655 So. 2d 227 (Fla. 5th DCA 1995). See also Department of Health & Rehabilitative Servs. v. A.E., 667 So. 2d 429 (Fla. 2d DCA 1996). Rather than order “appropriate non-delinquent treatment,” the trial court stated that DJJ and HRS should work together and that DJJ had suggested that they could facilitate making a referral to HRS and would keep the court notif…
Authorities Cited
- Dep't OF Health & Rehabilitative Servs. v. State, 655 So. 2d 227 (Fla. 5th DCA 1995)