Q.A. AND J.B., PETITIONERS,
v.
DEPARTMENT OF JUVENILE JUSTICE, RESPONDENT
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Two juveniles committed to moderate-risk residential programs by the Department of Juvenile Justice sought habeas corpus relief because they were not placed in residential programs within five days of commitment, as required by Florida law. The court granted the petition as to J.B., finding he was entitled to release to home detention with electronic monitoring, but denied it as moot as to Q.A., who had already been placed.
Yes. When a juvenile is committed to a moderate-risk residential program and not placed within five days of commitment without a court order authorizing extended detention, the juvenile is entitled to release to home detention with electronic monitoring pending placement. The petition was granted as to J.B. and denied as moot as to Q.A.
[1] A juvenile committed to a moderate-risk residential program must be removed from detention care within five days, excluding weekends and holidays, unless the Department o…
[2] Continued detention of a juvenile in secure detention care beyond fifteen days after commitment, excluding weekends and holidays, is impermissible without a court order a…
Previewing 2 of 5 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“When a child is committed to the Department of Juvenile Justice awaiting dispositional placement, removal of the child from detention care shall occur within 5 days, excluding Saturdays, Sundays, and legal holidays.”
Establishes the statutory requirement that juveniles committed to moderate-risk residential programs must be removed from detention care within five days of commitment.
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Join FLexlaw to unlock all legal intelligenceJ.B. and Q.A., both juveniles, were committed to moderate-risk residential programs of the Department of Juvenile Justice. Neither was placed in a res…
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PER CURIAM.
Petitioners sought habeas corpus relief from this court. By unpublished order, we previously granted relief as to petitioner J.B. and stated that an opinion explaining our decision would follow.
J.B. and Q.A. are juveniles and both were committed to moderate-risk residential programs of the Department of Juvenile Justice. Section 985.215(10)(a)l., Florida Statutes (2002), states:
When a child is committed to the Department of Juvenile Justice awaiting dispositional placement, removal of the child from detention care shall occur within 5 days, excluding Saturdays, Sundays, and legal holidays. Any child held in secure detention during the 5 days must meet detention admission criteria pursuant to this section. If the child is committed to a moderate-risk residential program, the department may seek an order from the court authorizing continued detention for a specific period of time necessary for the appropriate residential placement of the child. However, such continued detention in secure detention care may not exceed 15 days after commitment, excluding Saturdays, Sundays, and legal holidays, and except as otherwise provided in this subsection.
The petitioners were not placed within five days of their commitment, nor did DJJ seek an order authorizing their continued detention. Petitioners sought habeas corpus relief.
In response to an order to show cause, DJJ asserted that the petition was moot as to Q.A., who had since been placed in a residential program. However, DJJ conceded that J.B. was entitled to the relief he sought: release to home detention with electronic monitoring until placement in the offender program ordered by the circuit court. L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999); S.B. v. Rayford, 717 So. 2d 1107 (Fla. 3d DCA 1998); and AW v. State, 711 So. 2d 598 (Fla. 5th DCA 1998).
When a juvenile is committed to a moderate-risk residential program, section 985.215(10)(a)l. clearly limits the time a juvenile may be held in secure detention care pending placement in the appropriate program. If a juvenile is not placed within five days of commitment and DJJ does not obtain an order extending the secure detention care, the juvenile is entitled to relief. Section 985.215(10)(a)2. provides that the “court must place all children who are adjudicated and awaiting placement in a residential commitment program in de tention care. Children who are in home detention care or nonseeure detention care may be placed on electronic monitoring.”
Accordingly, the petition was denied as moot as to Q.A., however, the petition for writ of habeas corpus was granted as to J.B.
ALLEN, KAHN and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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V.P. v. State of Fla. & Dep't of Juv. Just., 72 So. 3d 788 (Fla. 4th DCA 2011)…9, 1230 (Fla. 5th DCA 2007) (finding that a petition for habeas corpus, which had challenged a 15-day term of secure detention pending placement, was moot because the juvenile was released to unlimited home detention); Q.A. v. Dep’t of Juv. Justice, 858 So. 2d 1230, 1231 (Fla. 1st DCA 2003) (accepting DJJ’s concession that the juvenile had to be released from secure detention to home detention with electronic monitoring). These cases recognize that the statute’s time limitation refers only to “secure detention…
Authorities Cited
- L.K. v. State, 729 So. 2d 1011 (Fla. 4th DCA 1999)
- A.W. v. State, 711 So. 2d 598 (Fla. 5th DCA 1998)
- S.B. v. Rayford, 717 So. 2d 1107 (Fla. 3d DCA 1998)