State Ex Rel. Dept. of H. & R. Servs. v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983). · Go Syfert
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State Ex Rel. Dept. of H. & R. Servs. v. Nourse, 437 So. 2d 221 (Fla. 4th DCA 1983). Cases Citing This Book View Copy Cite
“the court had no jurisdiction to direct a specific placement and treatment of an individual committed to the department of health and rehabilitative services.”
19 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: Department of Children & Family Services v. In the Interest of J.C. (fladistctapp, 2002-09-23)
Top citers, strongest first. 9 distinct citers.
discussed Cited as authority (quoted) Department of Children & Family Services v. In the Interest of J.C.
Fla. Dist. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
the court had no jurisdiction to direct a specific placement and treatment of an individual committed to the department of health and rehabilitative services.
discussed Cited as authority (quoted) Dcfs v. Jc
Fla. Dist. Ct. App. · 2002 · quote attribution · 1 verbatim quote · confidence low
the court had no jurisdiction to direct a specific placement and treatment of an individual committed to the department of health and rehabilitative services.
discussed Cited as authority (rule) Florida Department of Children & Families v. Y.C.
Fla. Dist. Ct. App. · 2012 · confidence medium
Servs. v. Brooke, 573 So.2d 363, 370 (Fla. 1st DCA 1991) (observing that the legislature’s appropriations power was "off limits to the courts” and "had the [court’s] orders ... required the Department to make placements that would exceed the amounts set forth in the annual appropriations act by the legislature, or ... encroached upon the legislature’s power of appropriation, they would have been rendered in excess of the judges' jurisdiction”); State, ex ret Dep’t of Health & Rehabilitative Servs. v. Nourse, 437 So.2d 221, 222 (Fla. 4th DCA 1983) (”[T]he court does not have juris…
cited Cited as authority (rule) Dcfs v. Ic
Fla. Dist. Ct. App. · 1999 · confidence medium
Dep't of Health and Rehabilitative Servs. v. Nourse, 437 So.2d 221, 221 (Fla. 4th DCA 1983).
cited Cited as authority (rule) Department of Children & Family Services v. I.C.
Fla. Dist. Ct. App. · 1999 · confidence medium
Dep’t of Health and Rehabilitative Servs. v. Nourse, 437 So.2d 221, 221 (Fla. 4th DCA 1983).
cited Cited "see" HENRY & RILLA WHITE FOUNDATION v. Migdal
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Nourse, 437 So.2d 221 .
cited Cited "see" STATE, DHRS v. Schreiber
Fla. Dist. Ct. App. · 1990 · signal: see · confidence high
See Nourse, 437 So.2d at 221; Sepe, 291 So.2d at 108.
discussed Cited "see, e.g." Agency for Persons with Disabilities v. Carlisle
Fla. Dist. Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Dep’t of Health & Rehabilitative Servs. v. Nourse, 437 So.2d 221 (Fla. 4th DCA 1983) (holding trial court did not have jurisdiction to direct a specific placement and treatment of a person committed to the Department); Dep’t of Children & Family Servs. v. I.C., 742 So.2d 401 (Fla. 4th DCA 1999) (holding trial court has no general jurisdiction to monitor and evaluate Department’s functioning); 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…
discussed Cited "see, e.g." AGENCY FOR PERSONS WITH DISABILITIES v. Reynolds
Fla. Dist. Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., Dep't of Health & Rehabilitative Servs. v. Nourse, 437 So.2d 221 (Fla. 4th DCA 1983) (holding trial court did not have jurisdiction to direct a specific placement and treatment of a person committed to the Department); Dep't of Children & Family Servs. v. I.C., 742 So.2d 401 (Fla. 4th DCA 1999) (holding trial court has no general jurisdiction to monitor and evaluate Department's functioning); 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, Florid…
STATE of Florida, ex rel. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, David Pingree, Petitioners,
v.
Philip G. NOURSE, As Circuit Court Judge of the Nineteenth Judicial Circuit, in and for St. Lucie County, Florida, Respondent.
83-591.
District Court of Appeal of Florida, Fourth District.
Sep 14, 1983.
437 So. 2d 221
Beranek.
Published
1 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: District Court of Appeal of Fl… (2)

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, 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.