Q.M., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Q.M., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
969 So. 2d 1182
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The condition of probation requiring the child to attend family counseling if recommended by the Department of Juvenile Justice is stricken on the ground that it is an improper delegation of judicial authority. See Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985); In Interest of T.L.D., 586 So. 2d 1294 (Fla. 4th DCA 1991). In all other respects, the order withholding adjudication of delinquency is affirmed.
Affirmed as modified.
WEBSTER, PADOVANO, and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carter v. State, 975 So. 2d 1199 (Fla. 5th DCA 2008)…chell, it was improper for the court to delegate to the probation officer the authority to actually order alcohol and drug testing in order for the probation officer to determine whether substance abuse treatment was necessary. Accord Q.M. v. State, 969 So. 2d 1182 (Fla. 1st DCA 2007) (condition of probation requiring juvenile to attend family counseling if recommended by Dep’t of Juvenile Justice stricken as improper delegation of judicial authority). In the instant case, special condition (h) does not simpl…
Authorities Cited
- Huffman v. State, 472 So. 2d 469 (Fla. 1st DCA 1985)
- In the Interest of T.L.D., 586 So. 2d 1294 (Fla. 4th DCA 1991)