A.R., A JUVENILE, PETITIONER,
v.
DALE DOBULER, SUPERINTENDENT, MIAMI-DADE REGIONAL JUVENILE DETENTION CENTER, AND THE STATE OF FLORIDA, RESPONDENTS
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PER CURIAM.
A.R., a juvenile, filed a petition for writ of habeas corpus. He contends that he is being illegally detained pursuant to an order of secure detention, in violation of section 985.255(l)(a)-(j), Florida Statutes (2006). Because the trial court ordered the juvenile to remain in secure detention without providing written reasons for ordering a more restrictive placement than the risk assessment instrument indicated, we grant the petition. See § 985.255(3)(b), Fla. Stat. (2006).
To ensure that the petitioner is not improperly kept in detention, we order the trial court to either enter an order providing written reasons sufficient to comply with section 985.255(3)(b), Florida Statutes (2006), or to release A.R. from secure detention by 5 p.m. on the second business day that follows the date of this opinion. See K.M. v. Dep’t of Juv. Justice, 898 So. 2d 1193 (Fla. 1st DCA 2005). This opinion shall take effect immediately notwithstanding the filing of any motion for rehearing.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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B.M. v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008)…detained at least three other juveniles. See id.; K.J. v. Dobuler, 939 So. 2d 1073 (Fla. 3d DCA 2006); R.B. v. Dobuler, Case No. 3D07-211 (Fla. 3d DCA Jan. 26, 2007) (Wells, Cortiñas, JJ., and Schwartz, Senior J.) (order); see also A.R. v. Dobuler, 960 So. 2d 793 (Fla. 3d DCA 2007). Although this might have been done for the best of motives, a decision to detain a child must be made according to the strict statutory criteria established by the legislature for this purpose. If this basic principle of the law…
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C.B. v. Dobuler, 997 So. 2d 463 (Fla. 3d DCA 2008)…ncooperative juvenile directly to secure detention contrary to law. See B.M. v. Dobuler, 979 So. 2d 308 (Fla. 3d DCA 2008) (Green, Shepherd, Rothenberg); A.K. v. Dobuler, 951 So. 2d 989 (Fla. 3d DCA 2007) (Ramirez, Lagoa, Schwartz); A.R. v. Dobuler, 960 So. 2d 793 (Fla. 3d DCA 2007) (Gersten, Fletcher, Suarez); R.B. v. Dobuler, No. 3D07-211 (Fla. 3d DCA Jan. 26, 2007) (Wells, Cortias, Schwartz) (order); A.P. v. Dobuler, No. 3D06-2823 (Fla. 3d DCA Nov. 17, 2006) (Wells, Cortias, Rothenberg) (order); N.E. v. Do…
Authorities Cited
- K.M. v. Dep't OF Juv. Just., 898 So. 2d 1193 (Fla. 1st DCA 2005)