State ex rel. Dep't of Health & Rehabilitative Servs. v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983). · Go Syfert
State ex rel. Dep't of Health & Rehabilitative Servs. v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983). Cases Citing This Book View Copy Cite
18 citation events (7 in the last 25 years) across 1 distinct court.
Cited for
At page 221 Jurisdiction to direct specific placement and treatment7 citing casesThe court had no jurisdiction to direct a specific placement and treatment of an individual committed to the Department of Health and Rehabilitative Services.4 citing courts put it this way
  • Dcfs v. J.C., 847 So. 2d 487 (Fla. 3d DCA 2002).published
    (The court had no jurisdiction to direct a specific placement and treatment of an individual committed to the Department of Health and Rehabilitative Services.)
  • Dep't of Child. & Fam. Servs. v. In the Interest of J.C., 847 So. 2d 487 (Fla. 3d DCA 2002).published
    (The court had no jurisdiction to direct a specific placement and treatment of an individual committed to the Department of Health and Rehabilitative Services.)
  • Dep't of Child. & Fam. Servs. v. I.C., 742 So. 2d 401 (Fla. 4th DCA 1999).published
    Dep’t of Health and Rehabilitative Servs. v. Nourse, 437 So.2d 221, 221 (Fla. 4th DCA 1983).
  • Dcfs v. Ic, 742 So. 2d 401 (Fla. 4th DCA 1999).published
    Dep't of Health and Rehabilitative Servs. v. Nourse, 437 So.2d 221, 221 (Fla. 4th DCA 1983).
  • STATE, DHRS v. Schreiber, 561 So. 2d 1236 (Fla. 4th DCA 1990).published
    See Nourse, 437 So.2d at 221; Sepe, 291 So.2d at 108.
  • Agency for Persons With Disabilities v. Reynolds, 954 So. 2d 716 (Fla. 1st DCA 2007).published
    (holding trial court did not have jurisdiction to direct a specific placement and treatment of a person committed to the Department)
  • Agency for Persons with Disabilities v. Carlisle, 954 So. 2d 715 (Fla. 1st DCA 2007).published
    (holding trial court did not have jurisdiction to direct a specific placement and treatment of a person committed to the Department)
At page 222 [T]he court does not have jurisdiction to manage the details of how the Department of Health and Rehabilitative Services will attempt to rehabilitate juveniles.1 citing case1 citing court put it this way
  • Florida Dep't of Child. & Families v. Y.C., 82 So. 3d 1139 (Fla. 3d DCA 2012).published
    ([T]he court does not have jurisdiction to manage the details of how the Department of Health and Rehabilitative Services will attempt to rehabilitate juveniles.)
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
STATE of Florida, ex rel. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, David Pingree
v.
Philip G. NOURSE, as Circuit Court Judge of the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida
No. 83-591.
District Court of Appeal of Florida, Fourth District.
Sep 14, 1983.
Published opinion
437 So. 2d 221
1983 Fla. App. LEXIS 23511
Steven W. Huss, Asst. Gen. Counsel, and K.C. Collette, Dist. IX Legal Counsel, Dept, of Health and Rehabilitative Services, Tallahassee, for petitioners., Philip G. Nourse, Fort Pierce, respondent.
Beranek, Downey, Hersey.
Cited by 15 opinions  |  Published
1 passages pin-cited by 2 cases
Citer courts: District Court of Appeal of Fl… (2)
BERANEK, Judge.

The Department of Health and Rehabilitative Services seeks prohibition. Although this case is now moot, we shall consider it because of its effect upon the administration of the juvenile system and on similar cases. The trial court ordered the Secretary of Health and Rehabilitative Services to personally confine the juvenile to a secure facility and guard her, if necessary. The court had no jurisdiction to direct a specific placement and treatment of an individual committed to the Department of Health and Rehabilitative Services. State ex rel Department of Health and Rehabilitative Services v. Sepe, 291 So.2d 108 (Fla. 3d DCA 1974). Also see Department of Health and Rehabilitative Services, Division of Mental Health, South Florida State Hospital v. State, 338 So.2d 220 (Fla. 4th DCA 1976). We note, however, that the Department of Health and Rehabilitative Services did place the juvenile in question in the[*222] facility ordered by the trial court, and a short time thereafter advised the trial court that the juvenile had again escaped. This juvenile is 13 years old and has run away from home or escaped from HRS facilities on at least eleven occasions. Both the trial court and HRS have exhibited extreme frustration over these unfortunate events. While the juvenile was in the custody of the Department of Health and Rehabilitative Services, she most recently escaped while on an off-campus visit with her parents. We wish we had the answers. We do not. Prohibition is granted because the court does not have the jurisdiction to manage the details of how the Department of Health and Rehabilitative Services will attempt to rehabilitate juveniles.

PROHIBITION GRANTED.

DOWNEY and HERSEY, JJ., concur.