DEPARTMENT OF CHILDREN AND FAMILIES, PETITIONER,
v.
C.B., A CHILD, RESPONDENT
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The Department of Children and Families (DCF) challenged a circuit court order directing it to provide specific sexual offender treatment and other services for a juvenile detainee under the Jimmy Ryce Act. The Florida appellate court granted the petition and quashed the order, holding that the trial court lacked authority to direct DCF regarding the manner of treatment.
The trial court lacked the authority to direct DCF as to the manner of treatment. The court quashed the portion of the order directing DCF to provide specific treatment and services.
[1] A court presiding over a criminal case lacks the authority to direct a state department, not a party to the criminal case, regarding the specific manner of treatment to b…
[2] A court cannot order a state department to provide specific treatment or placement for a child when the department is not a party to the proceedings.
Previewing 2 of 3 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 trial court lacked the authority to direct DCF as to the manner of treatment”
Establishes the core holding that trial courts cannot micromanage DCF's treatment decisions
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Join FLexlaw to unlock all legal intelligenceC.B. is a juvenile detained under the Jimmy Ryce Act. A circuit judge in C.B.'s criminal case ordered DCF to provide continued sexual offender treatme…
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KLEIN, J.
C.B. is a juvenile being detained under the Jimmy Ryce Act, sections 394.910-394.931, Florida Statutes (2002). The circuit judge presiding over his criminal case ordered petitioner, the Department of Children & Families (DCF), to “provide continued sexual offender treatment, perform a psychiatric evaluation within five (5) days, continue prescribed antidepressant medication, and provide adequate security to the Defendant in light of his age and immaturity as relates to those pedophiles currently incarcerated at FCCC.” DCF, which is not a party to the criminal case, seeks certiorari review, arguing that the court exceeded its authority in ordering DCF to provide a specific treatment. We have jurisdiction. Dep’t of Children & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003).
In Harter, a defendant in a criminal case was involuntarily committed to a state hospital under Chapter 916, Florida Statutes after being found not guilty by reason of insanity, and, as in the present case, the trial court ordered DCF to provide sex offender treatment to the defendant at the state hospital. The Harter court granted certiorari and held that the trial court lacked the authority to direct DCF as to the manner of treatment. Similarly, in Department of Children & Family Services v. I.C., 742 So. 2d 401 (Fla. 4th DCA 1999), we held that a juvenile court judge was without the authority to order DCF to provide specific treatment or placement of a child. For the same reasons expressed by this court in I.C., and by the Harter court, we grant the petition and quash that portion of the order quoted in this opinion.
GUNTHER and WARNER, JJ„ concur.
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Citator
Cited By
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Agency FOR Persons With Disabilities v. Carlisle, 954 So. 2d 715 (Fla. 1st DCA 2007)…ng); Dep’t of Children & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003) (holding a court may not dictate a particular facility or treatment of an offender committed under Chapter 916, Florida Statutes); Dep’t of Children & Families v. C.B., 884 So. 2d 1035 (Fla. 4th DCA 2004) (granting a petition challenging trial court’s order to Department to provide continued treatment, medication, an evaluation, and adequate security to a juvenile who was being detained). Accordingly, the order requiring APD to…
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Agency FOR Persons With Disabilities v. Reynolds, 954 So. 2d 716 (Fla. 1st DCA 2007)…ng); Dep’t of Children & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003) (holding a court may not dictate a particular facility or treatment of an offender committed under Chapter 916, Florida Statutes); Dep’t of Children & Families v. C.B., 884 So. 2d 1035 (Fla. 4th DCA 2004) (granting a petition challenging trial court’s order to Department to provide continued treatment, medication, an evaluation, and adequate security to a juvenile who was being detained). Accordingly, the order requiring APD to…
Authorities Cited
- The Dep't of Child. & Fam. Servs. v. I.C., 742 So. 2d 401 (Fla. 4th DCA 1999)
- Dep't OF Child. & Families v. Harter, 861 So. 2d 1274 (Fla. 5th DCA 2003)