Brown v. Kearney, 778 So. 2d 541 (Fla. 3d DCA 2001). · Go Syfert
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Brown v. Kearney, 778 So. 2d 541 (Fla. 3d DCA 2001). Cases Citing This Book View Copy Cite
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Jeffrey BROWN
v.
Kathleen KEARNEY/Secretary, State Department of Children and Family Services
No. 3D01-579.
District Court of Appeal of Florida, Third District.
Mar 13, 2001.
778 So. 2d 541
Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for petitioner., Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General; and Carmen Dominguez, Department of Children and Family Services, for respondents.
Levy, Ramirez, Shevin.
Published

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motions for rehearing, withdraw our prior opinion issued March 9, 2001, and substitute the following opinion.

Petitioner Jeffrey Brown moved this Court for a writ of habeas corpus based upon a trial court order entered February 1, 2001, committing him to involuntary hospitalization. The Attorney General filed a response confessing error and we ordered that Brown be released from the state hospital immediately.

We then received a response from the Department of Children and Family Services agreeing that the trial court’s order departed from the essential requirements of Chapter 916, Florida Statutes. The Department cited section 916.105(3), Florida Statutes (2000) which provides that treatment in community outpatient settings be provided whenever it is a feasible alternative to treatment in a state forensic facility. Additionally, the Department cited section 916.13(l)(b), Florida Statutes (2000), which authorizes commitment only after a finding by clear and convincing evidence that all available, less restrictive treatment alternatives are inappropriate. Everyone agrees that the evidence in this case does not support such a finding.

Therefore, the writ of habeas corpus is granted, the commitment order is vacated and this cause is remanded to the trial court to explore other, less restrictive treatment alternatives. Brown is to be immediately released from custody and be restored to his pre-commitment bond status.