Florida Statutes

Fla. Stat. § 984.13 (2025)

Taking a child into custody.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

984.13 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.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1998–2025 · leading case: A.J.R. v. State, 206 So. 3d 140 (Fla. 2d DCA 2016).

Sort: Relevance Newest Treatment

A.J.R. v. State, 206 So. 3d 140 (Fla. 2d DCA 2016). · cites it 18× “Compare § 984.13(b), with § 1003.26(3). The policy underlying the police’s community caretaking function also supports our construction.”

D.J.D., a child v. State, 143 So. 3d 1115 (Fla. 4th DCA 2014). · cites it 4× “See § 984.13, Fla. Stat. (2011) (authorizing and obligating a law enforcement officer to take a child into custody if the officer has reasonable grounds to believe that the child has run away from his parents); see also D.”

D.O. v. State, 77 So. 3d 787 (Fla. 3d DCA 2011). · cites it 9× “§ 984.13 Fla. Stat. (2011). A reading of the entire section places into proper context the purpose and intent *790 of this statutory provision, as well as the role of law enforcement officers in carrying out its mandates.”

M.J. v. State, 121 So. 3d 1151 (Fla. 4th DCA 2013). · cites it 4× “Section 984.13, Florida Statutes (2012), allows a law enforcement officer to take a child “into custody” when “the officer has reasonable grounds to believe that the child is absent from school without authorization .”

R.A.S. v. State, 141 So. 3d 687 (Fla. 2d DCA 2014). · cites it 3× “11-08 (2011) (stating that when an officer has taken a juvenile into custody pursuant to section 984.13, the officer “may perform a limited frisk or pat-down for weapons before placing the minor in a law enforcement vehicle”).”

ABS v. State, 51 So. 3d 1181 (Fla. 2d DCA 2010). · cites it 3× “was taken into custody as a possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took A.”

A.B.S. v. State, 51 So. 3d 1181 (Fla. 2d DCA 2010). · cites it 3× “was taken into custody as a possible runaway in need of services pursuant to section 984.13, Florida Statutes (2009). The officer who took A.”

E.P. v. State, 997 So. 2d 1240 (Fla. 3d DCA 2008). · cites it 2× “In this appeal from an adjudication of delinquency, no error has been demonstrated in the denial of a motion to suppress drug paraphernalia found on the juvenile’s person after a pat down which followed a Terry stop justified under section 984.13, Florida Statutes (2007) (“when…”

DO v. State, 77 So. 3d 787 (Fla. 3d DCA 2011). · cites it 9× “§ 984.13 Fla. Stat. (2011). A reading of the entire section places into proper context the purpose and intent *790 of this statutory provision, as well as the role of law enforcement officers in carrying out its mandates.”

A.J.R. v. State (Fla. 2d DCA 2016). · cites it 14× “The Fourth District reasoned that there was no evidence that the officers were trying to take the juvenile into custody as a runaway under section 984.13(1)(a), which provides that a law enforcement officer may take a child into custody if he or she has reasonable grounds to…”

L.R.D. v. State, 876 So. 2d 598 (Fla. 5th DCA 2004). · cites it 2× “” § 984.13(l)(b), Fla. Stat. (emphasis supplied).”

EP v. State, 997 So. 2d 1240 (Fla. 3d DCA 2008). · cites it 2× “In this appeal from an adjudication of delinquency, no error has been demonstrated in the denial of a motion to suppress drug paraphernalia found on the juvenile's person after a pat down which followed a Terry stop justified under section 984.13, Florida Statutes (2007) ("when…”

Show all 19 citing cases →

— 984.13(1)(a) — 2 cases

S. M. v. State of Florida (Fla. 6th DCA 2025).

A.J.R. v. State (Fla. 2d DCA 2016). “The Fourth District reasoned that there was no evidence that the officers were trying to take the juvenile into custody as a runaway under section 984.13(1)(a), which provides that a law enforcement officer may take a child into custody if he or she has reasonable grounds to…”

— 984.13(1)(b) — 3 cases

DO v. State, 77 So. 3d 787 (Fla. 3d DCA 2011). “§ 984.13 Fla. Stat. (2011). A reading of the entire section places into proper context the purpose and intent *790 of this statutory provision, as well as the role of law enforcement officers in carrying out its mandates.”

LRD v. State, 876 So. 2d 598 (Fla. 5th DCA 2004).

— 984.13(b) — 2 cases

A.J.R. v. State, 206 So. 3d 140 (Fla. 2d DCA 2016). “Compare § 984.13(b), with § 1003.26(3). The policy underlying the police’s community caretaking function also supports our construction.”

— 984.13(l)(a) — 3 cases

D.J.D., a child v. State, 143 So. 3d 1115 (Fla. 4th DCA 2014). “See § 984.13, Fla. Stat. (2011) (authorizing and obligating a law enforcement officer to take a child into custody if the officer has reasonable grounds to believe that the child has run away from his parents); see also D.”

A.J.R. v. State, 206 So. 3d 140 (Fla. 2d DCA 2016). “Compare § 984.13(b), with § 1003.26(3). The policy underlying the police’s community caretaking function also supports our construction.”

J.R., a child v. State, 149 So. 3d 1196 (Fla. 4th DCA 2014).

— 984.13(l)(b) — 9 cases

A.J.R. v. State, 206 So. 3d 140 (Fla. 2d DCA 2016). “Compare § 984.13(b), with § 1003.26(3). The policy underlying the police’s community caretaking function also supports our construction.”

M.J. v. State, 121 So. 3d 1151 (Fla. 4th DCA 2013). “Section 984.13, Florida Statutes (2012), allows a law enforcement officer to take a child “into custody” when “the officer has reasonable grounds to believe that the child is absent from school without authorization .”

R.A.S. v. State, 141 So. 3d 687 (Fla. 2d DCA 2014). “11-08 (2011) (stating that when an officer has taken a juvenile into custody pursuant to section 984.13, the officer “may perform a limited frisk or pat-down for weapons before placing the minor in a law enforcement vehicle”).”

D.O. v. State, 77 So. 3d 787 (Fla. 3d DCA 2011). “§ 984.13 Fla. Stat. (2011). A reading of the entire section places into proper context the purpose and intent *790 of this statutory provision, as well as the role of law enforcement officers in carrying out its mandates.”

L.R.D. v. State, 876 So. 2d 598 (Fla. 5th DCA 2004). “” § 984.13(l)(b), Fla. Stat. (emphasis supplied).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.