C.L.C., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
C.L.C., a juvenile, petitions for a writ of habeas corpus seeking release to a less restrictive form of detention. Following an adjudication of delinquency, the trial court ordered that C.L.C. be held in secure detention pending dispositional placement in a high-risk residential program. The risk assessment instrument (RAI) prepared in C.L.C.’s ease did not authorize secure detention. The trial court, however, provided clear and convincing written reasons for ordering secure detention pursuant to the “departure provision” of the juvenile detention statute. See § 985.215(2), Fla. Stat. (2003); J.J. v. Fryer, 765 So. 2d 260, 265 (Fla. 4th DCA 2000) (concluding that departure provision provides “the authority to depart from an RAI and order more severe detention ... based on ‘clear and convincing reasons’ which the judge must state in writing”) (emphasis omitted). This case is distinguished from J.W. v. Leitner, 801 So. 2d 295, 297 (Fla. 2d DCA 2001), where the trial court did not attempt to avail itself of the “departure provision.”
The petition for writ of habeas corpus is denied.
WARNER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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K.M. v. Dep't OF Juv. Just., 898 So. 2d 1193 (Fla. 1st DCA 2005)…court shall state, in writing, clear and convincing reasons for such placement. In response to the petition, the state correctly concedes that petitioner’s argument is well-taken. J.J. v. Fryer, 765 So. 2d 260 (Fla. 4th DCA 2000); C.L.C. v. State, 863 So. 2d 397 (Fla. 4th DCA 2003); M.P. v. Gardner, 838 So. 2d 711 (Fla. 4th DCA 2003); D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003). We therefore conclude that the petition must be granted. A closer question, however, is the relief to which petitioner is e…
Authorities Cited
- J.J. v. Fryer, 765 So. 2d 260 (Fla. 4th DCA 2000)
- In the Interest of J.W. a child v. Leitner, 801 So. 2d 295 (Fla. 2d DCA 2001)