Florida Statute 984.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 984
CHILDREN AND FAMILIES IN NEED OF SERVICES

View Entire Chapter

F.S. 984.13

984.13 Taking into custody a child alleged to be from a family in need of services or to be a child in need of services.—

(1) A child may be taken into custody:

(a) By a law enforcement officer when the officer has reasonable grounds to believe that the child has run away from his or her parents, guardian, or other legal custodian.

(b) By a law enforcement officer when the officer has reasonable grounds to believe 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 or legal guardian, 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 shall deliver the child to the parent or legal guardian, to a location determined by the parent or guardian, 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 before or after a petition is filed under s. 984.15.

(d) 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, guardian, legal custodian, or responsible adult relative or to a department-approved family-in-need-of-services and child-in-need-of-services provider if the person taking the child into custody has reasonable grounds to believe the child has run away from a parent, guardian, or legal custodian; is truant; or is beyond the control of the parent, guardian, or legal custodian; following such release, the person taking the child into custody shall make a full written report to the intake office of the department within 3 days; or

(b) Deliver the child to the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is from a family in need of services.

(3) If the child is taken into custody by, or is delivered to, the department, the appropriate representative of the department shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in custody or be released. Unless shelter is required as provided in s. 984.14(1), the department shall:

(a) Release the child to his or her parent, guardian, or legal custodian, to a responsible adult relative, to a responsible adult approved by the department, or to a department-approved family-in-need-of-services and child-in-need-of-services provider; or

(b) Authorize temporary services and treatment that would allow the child alleged to be from a family in need of services to remain at home.

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.

Note.—Former s. 39.421.

F.S. 984.13 on Google Scholar

F.S. 984.13 on Casetext

Amendments to 984.13

Arrestable Offenses / Crimes under Fla. Stat. 984.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 984.13.

Annotations, Discussions, Cases:

Cases Citing Statute 984.13

Total Results: 20

A.J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 206 So. 3d 140, 2016 Fla. App. LEXIS 18198

Snippet: obstruction charge, arguing that under section 984.13(l)(b), Florida Statutes (2014), Deputy Krouse was

A.J.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Snippet: obstruction charge, arguing that under section 984.13(1)(b), Florida Statutes (2014),

J.R., a child v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Citation: 149 So. 3d 1196, 2014 Fla. App. LEXIS 17907

Snippet: So.3d 150, 151 (Fla. 4th DCA 2012). Section 984.13(l)(a), Florida Statutes (2013), states in relevant

D.J.D., a child v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-08-06

Citation: 143 So. 3d 1115, 2014 WL 3843152, 2014 Fla. App. LEXIS 12018

Snippet: custody and release him to her care. See § 984.13, Fla. Stat. (2011) (authorizing and obligating

R.A.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-06-25

Citation: 141 So. 3d 687, 2014 WL 2874311, 2014 Fla. App. LEXIS 9575

Snippet: reasonable grounds to believe the child is a truant. § 984.13(l)(b), Fla. Stat. (2012). But truancy is not a

M.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-09-18

Citation: 121 So. 3d 1151, 2013 WL 5222391, 2013 Fla. App. LEXIS 14819

Snippet: truancy investigation when he stopped M.J. Section 984.13, Florida Statutes (2012), allows a law enforcement

Collins v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-31

Citation: 125 So. 3d 1046, 2013 Fla. App. LEXIS 11990, 2013 WL 3924088

Snippet: however, concern Florida’s truancy statute, Chapter 984.13, Florida Statutes (2007), and do not involve a

L.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-01-23

Citation: 105 So. 3d 635, 2013 WL 238226, 2013 Fla. App. LEXIS 955

Snippet: forth in section 984.13(l)(b), Florida Statutes (2011). We disagree. Section 984.13(l)(b) permits a law

P.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-08

Citation: 95 So. 3d 944, 2012 Fla. App. LEXIS 13057, 2012 WL 3192786

Snippet: ground to *948take her into custody under section 984.13, Florida Statutes (2009), because he said he thought

D.O. v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-21

Citation: 77 So. 3d 787, 2011 Fla. App. LEXIS 20458

Snippet: into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct

DO v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-21

Citation: 77 So. 3d 787, 2011 WL 6373008

Snippet: into custody pursuant to its duty under section 984.13, Florida Statutes, may a police officer conduct

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-04-20

Snippet: involuntarily being transported pursuant to section 984.13, Florida Statutes?1 In sum: Based on the increased

A.B.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-29

Citation: 51 So. 3d 1181, 2010 Fla. App. LEXIS 19825

Snippet: runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took

ABS v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-12-29

Citation: 51 So. 3d 1181, 2010 WL 5381757

Snippet: runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took

K.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 31 So. 3d 934, 2010 Fla. App. LEXIS 4516

Snippet: been in school at that time of day. See, e.g. § 984.13(l)(b), Fla. Stat. (2008); L.R.D. v. State, 876

E.P. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-31

Citation: 997 So. 2d 1240, 2008 Fla. App. LEXIS 20363

Snippet: which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when the officer has

EP v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-12-31

Citation: 997 So. 2d 1240, 2008 WL 5412062

Snippet: which followed a Terry stop justified under section 984.13, Florida Statutes (2007) ("when the officer has

L.R.D. v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-04

Citation: 876 So. 2d 598, 2004 Fla. App. LEXIS 7931

Snippet: delay to the appropriate school system site.” § 984.13(l)(b), Fla. Stat. (emphasis supplied). Here, the

LRD v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-06-04

Citation: 876 So. 2d 598

Snippet: delay to the appropriate school system site." § 984.13(1)(b), Fla. Stat. (emphasis supplied). Here, the

State v. A.J.

Court: District Court of Appeal of Florida | Date Filed: 1998-11-18

Citation: 720 So. 2d 1156, 1998 Fla. App. LEXIS 14673, 1998 WL 821747

Snippet: stop of A.J., we agree with the state that section 984.13(l)(b), Florida Statutes (1997), allowed Officer