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The 2025 Florida Statutes
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Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS |
Chapter 984
CHILDREN AND FAMILIES IN NEED OF SERVICES; PREVENTION AND INTERVENTION FOR SCHOOL TRUANCY AND UNGOVERNABLE AND RUNAWAY CHILDREN |
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F.S. 984.13984.13 Taking a child into custody.—(1) A child may be taken into custody:(a) By a law enforcement officer when the officer reasonably believes that the child has run away from his or her parents, legal guardian, or custodian. (b) By a designated school representative pursuant to s. 1003.26(3) or a law enforcement officer when the officer reasonably believes that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent, legal guardian, or custodian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, “school system site” includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer or designated school representative pursuant to s. 1003.26(3) shall deliver the child to the parent, legal guardian, or custodian; to a location determined by the parent, legal guardian, or custodian; or to a designated truancy interdiction site until the parent or guardian can be located. (c) Pursuant to an order of the circuit court based upon sworn testimony after a child in need of services petition is filed under s. 984.15. (d) Pursuant to an order of the circuit court based upon a finding of contempt under this chapter for the purpose of delivering the child to a designated shelter facility. (e) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter. (2) The person taking the child into custody shall:(a) Release the child to a parent, legal guardian, custodian, or responsible adult relative and make a full written report to the department’s authorized agent for families in need of services within 3 days after release if the person taking the child into custody reasonably believes the child has run away from a parent, legal guardian, or custodian; is truant; or is ungovernable and beyond the control of the parent, guardian, or legal custodian; or (b) Deliver the child to a shelter when:1. The parent, legal guardian, or custodian is unavailable to take immediate custody of the child; 2. The child requested voluntary family services and shelter placement; 3. A court order under this chapter for shelter placement has been issued; or 4. The child and the parent, legal guardian, or custodian voluntarily agree the child is in need of temporary shelter placement and such placement is necessary to provide a safe place for the child to remain until the parents and child can agree on conditions for the child’s safe return home. (c) Deliver the child to a hospital for necessary evaluation and treatment if the child is reasonably believed to be suffering from a serious physical condition which requires either prompt diagnosis or treatment. (d) Deliver the child to a designated public receiving facility as defined in s. 394.455 for examination under s. 394.463 if the child is reasonably believed to be mentally ill, including immediate threat of suicide as provided in s. 394.463(1). (e) Deliver the child to a hospital, addictions receiving facility, or treatment resource if the child is reasonably believed to be intoxicated and has threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by substance abuse. (3) If the child is taken into custody and is delivered to a shelter, the department’s authorized agent shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in shelter, receive voluntary family services that would allow the child alleged to be from a family in need of services to remain at home, or be released. History.—s. 8, ch. 87-133; s. 1, ch. 89-20; s. 232, ch. 95-147; s. 6, ch. 95-280; s. 20, ch. 96-398; s. 99, ch. 97-238; s. 23, ch. 2000-235; s. 15, ch. 2025-153. Note.—Former s. 39.421.
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Annotations, Discussions, Cases:
Cases Citing Statute 984.13
Total Results: 19
997 So. 2d 1240, 2008 WL 5412062
District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 830478
Cited 5 times | Published
which followed a Terry stop justified under section 984.13, Florida Statutes (2007) ("when the officer
141 So. 3d 687, 2014 WL 2874311, 2014 Fla. App. LEXIS 9575
District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60242013
Cited 2 times | Published
reasonable grounds to believe the child is a truant. § 984.13(l)(b), Fla. Stat. (2012). But truancy is not a
77 So. 3d 787, 2011 Fla. App. LEXIS 20458
District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 60304791
Cited 2 times | Published
truant into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct
77 So. 3d 787, 2011 WL 6373008
District Court of Appeal of Florida | Filed: Dec 21, 2011 | Docket: 2354444
Cited 2 times | Published
truant into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct
206 So. 3d 140, 2016 Fla. App. LEXIS 18198
District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 63630787
Cited 1 times | Published
the obstruction charge, arguing that under section 984.13(l)(b), Florida Statutes (2014), Deputy Krouse
143 So. 3d 1115, 2014 WL 3843152, 2014 Fla. App. LEXIS 12018
District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 844248
Cited 1 times | Published
custody and release him to her care.
See
§ 984.13, Fla. Stat. (2011) (authorizing and obligating
121 So. 3d 1151, 2013 WL 5222391, 2013 Fla. App. LEXIS 14819
District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60234346
Cited 1 times | Published
truancy investigation when he stopped M.J. Section 984.13, Florida Statutes (2012), allows a law enforcement
51 So. 3d 1181, 2010 Fla. App. LEXIS 19825
District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 60297507
Cited 1 times | Published
possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took
District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550692
Published
the
obstruction charge, arguing that under section 984.13(1)(b), Florida Statutes (2014),
149 So. 3d 1196, 2014 Fla. App. LEXIS 17907, 2014 WL 5613918
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2592850
Published
82 So.3d 150, 151 (Fla. 4th DCA 2012).
Section 984.13(l)(a), Florida Statutes (2013), states in relevant
105 So. 3d 635, 2013 WL 238226, 2013 Fla. App. LEXIS 955
District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60227931
Published
set forth in section 984.13(l)(b), Florida Statutes (2011). We disagree.
Section 984.13(l)(b) permits
95 So. 3d 944, 2012 Fla. App. LEXIS 13057, 2012 WL 3192786
District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311348
Published
reasonable ground to *948take her into custody under section 984.13, Florida Statutes (2009), because he said he
Florida Attorney General Reports | Filed: Apr 20, 2011 | Docket: 3257310
Published
involuntarily being transported pursuant to section 984.13, Florida Statutes?1
In sum:
Based on the increased
51 So. 3d 1181, 2010 WL 5381757
District Court of Appeal of Florida | Filed: Dec 29, 2010 | Docket: 2386466
Published
possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took
31 So. 3d 934, 2010 Fla. App. LEXIS 4516, 35 Fla. L. Weekly Fed. D 770
District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 60289841
Published
been in school at that time of day. See, e.g. § 984.13(l)(b), Fla. Stat. (2008); L.R.D. v. State, 876
997 So. 2d 1240, 2008 Fla. App. LEXIS 20363
District Court of Appeal of Florida | Filed: Dec 31, 2008 | Docket: 64857382
Published
which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when the officer
876 So. 2d 598
District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 1363007
Published
delay to the appropriate school system site." § 984.13(1)(b), Fla. Stat. (emphasis supplied). Here, the
876 So. 2d 598, 2004 Fla. App. LEXIS 7931, 2004 WL 1227768
District Court of Appeal of Florida | Filed: Jun 4, 2004 | Docket: 64831349
Published
delay to the appropriate school system site.” § 984.13(l)(b), Fla. Stat. (emphasis supplied). Here, the
720 So. 2d 1156, 1998 Fla. App. LEXIS 14673, 1998 WL 821747
District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 64784383
Published
stop of A.J., we agree with the state that section 984.13(l)(b), Florida Statutes (1997), allowed Officer
