CopyCited 6 times | Published | Florida 4th District Court of Appeal
...so finding and proceed accordingly.” Fla. R. Juv. P. 8.095(a)(3) (2015). The procedural rules governing competency determinations in juvenile cases parallel the procedural rules in the adult criminal cases. Compare Fla. R. Juv. P. 8.095 (2015) and § 985.19(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 WL 1507010
...'s fees. By contrast, we believe that the Legislature has not authorized a trial court to assess the costs for mental competency evaluations against an indigent child. Mental competency evaluations in juvenile delinquency proceedings are governed by section 985.19, which provides in part: (1) If, at any time prior to or during a delinquency case, the court has reason to believe that the child named in the petition may be incompetent to proceed with the hearing, the court on its own motion may, o...
...court ... Experts appointed by the court to determine the mental condition of a child shall be allowed reasonable fees for services rendered... The fees shall be taxed as costs in the case. (emphasis added). The State relies on the final sentence in section 985.19(1)(b) to support its contention that the costs for the competency evaluation were properly assessed against W.Z....
...ll-established that the costs for such transcripts are to be borne by the government and not by an indigent appellant. See, e.g., Ocer v. State,
840 So.2d 1162 (Fla. 5th DCA 2003); Colonel v. State,
723 So.2d 853 (Fla. 3d DCA 1998). We conclude that section
985.19(1)(b) fails to expressly authorize the assessment of competency evaluation costs against an indigent juvenile....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 519325, 2017 Fla. App. LEXIS 1486
...was charged with robbery and battery in case number 15-367 and burglary of an unoccupied dwelling and grand theft in case number 15-350. Both cases stem from separate incidents that occurred on January 24, 2015. On February 16, 2015, the trial court ordered a determination of B.R.C.’s mental condition in accordance with section 985.19, Florida Statutes (2014), and Florida Rule of Juvenile Procedure 8.095....
...was competent to proceed, we reverse and remand for further proceedings. We review a trial court’s decision regarding competency for an abuse of discretion, but questions of statutory interpretation are reviewed de novo. State v. D.V.,
111 So.3d 234, 236 (Fla. 4th DCA 2013). Section
985.19 addresses incompetency in juvenile delinquency cases and states; (1) If, at any time prior to or during a delinquency case, the court has reason to believe that the child named in the petition may be incompetent to proceed with the hearing, the court on its own motion may ......
...stay all proceedings and order an evaluation of the child’s mental condition. All determinations of competency must be made at a hearing, and the court must make findings of fact based on mental evaluations provided by two to three experts appointed by the court. § 985.19(l)(b); Dep’t of Children & Families v....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 5048
...s fees. By contrast, we believe that the Legislature has not authorized a trial court to assess the costs for mental competency evaluations against an indigent child. Mental competency evaluations in juvenile delinquency proceedings are governed by section 985.19, which provides in part: (1) If, at any time prior to or during a delinquency case, the court has reason to believe that the child named in the petition may be incompetent to proceed with the hearing, the court on its own motion may, o...
...ourt ... Experts appointed by the court to determine the mental condition of a child shall be allowed reasonable fees for services rendered ... The fees shall be taxed as costs in the case. (emphasis added). The State relies on the final sentence in section 985.19(l)(b) to support its contention that the costs for the competency evaluation were properly assessed against W.Z....
...ll-established that the costs for such transcripts are to be borne by the government and not by an indigent appellant. See, e.g., Ocer v. State,
840 So.2d 1162 (Fla. 5th DCA 2003); Colonel v. State,
723 So.2d 853 (Fla. Sd DCA 1998). We conclude that section
985.19(1)(b) fails to expressly authorize the assessment of competency evaluation costs against an indigent juvenile....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 5197, 2008 WL 942632
...The order stated: "The Judge requests the immediate placement of this youth to AFYC (Apalachicola Forest Youth Camp) due to the substantial risk of dangerousness he poses to himself and others." This order provided that DCF was to place B.N. in a treatment program to restore his competency pursuant to section 985.19(4), Florida Statutes....
...It alleged he was reportedly responding well. DCF argued that the trial court lacked authority to direct the immediate placement of a juvenile committed to the DCF as incompetent to proceed. We granted the petitions for writs of certiorari and quashed the trial court orders because section 985.19(7), Florida Statutes, expressly limits the provision of competency restoration services for juveniles to available funding....
CopyPublished | Florida 1st District Court of Appeal
...3d 296, 298 (Fla. 1st DCA 2015). Once the trial
court had reasonable grounds to question competency, it was
required to conduct a hearing on the issue and enter an order
independently finding her competent to proceed before conducting
the adjudicatory hearing. See § 985.19(1)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 14548, 2007 WL 2713110
...At the disposition hearing, the court granted the motion for a competency evaluation. An arraignment hearing on the VOP was set for a few days later. At that arraignment, the court recognized that a pending competency evaluation requires that proceedings be stayed under section 985.19, but found that it was authorized to enforce conditions of release....
...ieve that he may be incompetent. When the court has reason to believe that the child in a delinquency case may be incompetent to proceed, “the court ... must stay all proceedings and order an evaluation of the child’s mental condition.” [e.s.] § 985.19(1), Fla....
...We also note that if the *833 trial court determines that a competency evaluation should be done immediately because the child is a danger to himself or others, the trial court could consider proceeding under the Baker Act. The lower court erred in failing to follow section 985.19 and rule 8.095 by staying proceedings on the VOP charge pending a competency evaluation....
CopyPublished | Florida 1st District Court of Appeal
...ngs.
During the delinquency proceedings below, defense counsel
asked the court for an expert evaluation to determine whether the
child was competent to proceed. The court granted the motion and
scheduled a competency hearing in accordance with section 985.19,
Florida Statutes, and Florida Rule of Juvenile Procedure
8.095(a)(1)....
...In its order for expert evaluation of A.D.H, the court found
that reasonable grounds existed to believe that the child may be
incompetent to proceed. It was thus required to hold a hearing on
the issue and make an independent determination on the child’s
mental condition. See § 985.19(1)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...K.N., a juvenile, appeals the trial court's June 14, 2017 Order adjudicating him delinquent on various grounds for offences he committed at school on May 13, 2013, when he was eleven years old. The court withheld adjudication and placed K.N. on probation. K.N. contends the trial court lost jurisdiction of this matter under section 985.19, Florida Statutes. We agree. Section 985.19 deals with incompetency in juvenile proceedings. Among other things, it recognizes that a juvenile may be incompetent to proceed to adjudication based on "age or immaturity." § 985.19(2), Fla....
...must dismiss the delinquency petition. If appropriate, the court may order that proceedings under chapter 393 or chapter 394 be instituted. Such proceedings must be instituted not less than 60 days prior to the dismissal of the delinquency petition. § 985.19(5), Fla. Stat. (emphasis added). Before the trial in this matter, upon motion of the defense, the trial court appointed two experts to examine K.N. to determine if he lacked competence to proceed to adjudication due to "age or immaturity". See § 985.19(2), Fla....
...two-year mark from the date that K.N. was originally adjudicated incompetent. In so arguing, K.N. first notes that the statute provides "the court shall retain jurisdiction of the child for up to 2 years after the date of the order of incompetency." § 985.19(5)(a), Fla. Stat. But K.N. observes that jurisdiction in this case is ultimately controlled by the second sentence of section 985.19(5)(c) (emphasis added) which provides if "at the end of the 2-year period following the date of the order of incompetency, the child has not attained competency and there is no evidence that the child will attain competency within a year , the court must dismiss the delinquency petition." Here, K.N....
...attain competency in the next year. But this argument runs contrary to the plain text of the statute which directs that "the court must dismiss the delinquency petition" if "there is no evidence that the child will attain competency within a year." § 985.19(5)(c), Fla....
...J.L.M., III ,
926 So.2d 457 , 461 (Fla. 1st DCA 2006) (holding the trial court had to retain jurisdiction for two years where neither of the two experts opined that the child would never become competent). Reversed. We do not reach K.N.'s alternative argument that section
985.19(5) creates an absolute bar of the trial court continuing jurisdiction after three years under any circumstances.
CopyPublished | Florida 3rd District Court of Appeal
...him delinquent on various grounds for offences he committed at school on May 13,
2013, when he was eleven years old. The court withheld adjudication and placed
K.N. on probation. K.N. contends the trial court lost jurisdiction of this matter
under section 985.19, Florida Statutes. We agree.
Section 985.19 deals with incompetency in juvenile proceedings. Among
other things, it recognizes that a juvenile may be incompetent to proceed to
adjudication based on “age or immaturity.” § 985.19(2), Fla....
...If appropriate, the court may
order that proceedings under chapter 393 or chapter 394 be instituted.
2
Such proceedings must be instituted not less than 60 days prior to the
dismissal of the delinquency petition.
§ 985.19(5), Fla....
...Stat. (emphasis added).
Before the trial in this matter, upon motion of the defense, the trial court
appointed two experts to examine K.N. to determine if he lacked competence to
proceed to adjudication due to “age or immaturity”. See § 985.19(2), Fla....
...r mark from the date that K.N. was
originally adjudicated incompetent. In so arguing, K.N. first notes that the statute
provides “the court shall retain jurisdiction of the child for up to 2 years after the
date of the order of incompetency.” § 985.19(5)(a), Fla. Stat. But K.N. observes
that jurisdiction in this case is ultimately controlled by the second sentence of
3
section 985.19(5)(c) (emphasis added) which provides if “at the end of the 2-year
period following the date of the order of incompetency, the child has not attained
competency and there is no evidence that the child will attain competency within a
year, the court must dismiss the delinquency petition.” Here, K.N....
...ative evidence at the
two-year mark that the child will not attain competency in the next year. But this
argument runs contrary to the plain text of the statute which directs that “the court
1 We do not reach K.N.’s alternative argument that section 985.19(5) creates an
absolute bar of the trial court continuing jurisdiction after three years under any
circumstances.
4
must dismiss the delinquency petition” if “there is no evidence that the child will
attain competency within a year.” § 985.19(5)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...K.N., a juvenile, appeals the trial court's June 14, 2017 Order adjudicating him delinquent on various grounds for offences he committed at school on May 13, 2013, when he was eleven years old. The court withheld adjudication and placed K.N. on probation. K.N. contends the trial court lost jurisdiction of this matter under section 985.19, Florida Statutes. We agree. Section 985.19 deals with incompetency in juvenile proceedings. Among other things, it recognizes that a juvenile may be incompetent to proceed to adjudication based on "age or immaturity." § 985.19(2), Fla....
...must dismiss the delinquency petition. If appropriate, the court may order that proceedings under chapter 393 or chapter 394 be instituted. Such proceedings must be instituted not less than 60 days prior to the dismissal of the delinquency petition. § 985.19(5), Fla. Stat. (emphasis added). Before the trial in this matter, upon motion of the defense, the trial court appointed two experts to examine K.N. to determine if he lacked competence to proceed to adjudication due to "age or immaturity". See § 985.19(2), Fla....
...two-year mark from the date that K.N. was originally adjudicated incompetent. In so arguing, K.N. first notes that the statute provides "the court shall retain jurisdiction of the child for up to 2 years after the date of the order of incompetency." § 985.19(5)(a), Fla. Stat. But K.N. observes that jurisdiction in this case is ultimately controlled by the second sentence of section 985.19(5)(c) (emphasis added) which provides if "at the end of the 2-year period following the date of the order of incompetency, the child has not attained competency and there is no evidence that the child will attain competency within a year , the court must dismiss the delinquency petition." Here, K.N....
...attain competency in the next year. But this argument runs contrary to the plain text of the statute which directs that "the court must dismiss the delinquency petition" if "there is no evidence that the child will attain competency within a year." § 985.19(5)(c), Fla....
...J.L.M., III ,
926 So.2d 457 , 461 (Fla. 1st DCA 2006) (holding the trial court had to retain jurisdiction for two years where neither of the two experts opined that the child would never become competent). Reversed. We do not reach K.N.'s alternative argument that section
985.19(5) creates an absolute bar of the trial court continuing jurisdiction after three years under any circumstances.
CopyPublished | Florida 1st District Court of Appeal
...the State to
challenge the trial court’s ruling on secure placement.
The order at issue here qualifies as one from a “preadjudicatory hearing[ ],”
section
985.534(1)(b)8., Florida Statutes (2007), but it is nonfinal. See
§
985.19(5)(a), Fla....
...la. R. App. P.
9.145(c)(1)(I). The question, then, is whether the lower court’s decision not to order
secure placement for K.S. is an appealable issue for the State within “an order . . .
finding a child incompetent.”
The language in section 985.19, Florida Statutes, which governs
incompetency determinations in juvenile proceedings, its procedural counterpart,
Florida Rule of Juvenile Procedure 8.095, indicates that the placement decision,...
...In
pertinent part, the statute provides: “If the court finds that a child has mental illness,
intellectual disability, or autism and adjudicates the child incompetent to proceed,
the court must also determine whether the child meets the criteria for secure
placement.” §985.19(3), Fla....
...Similarly, rule 8.095(a)(4) says, “[i]f . .
. the child is found to be incompetent to proceed, the child must be adjudicated
incompetent to proceed and may be involuntarily committed as provided by law to
the Department of Children and Families for treatment[.]” Both section 985.19(3)
and rule 8.095(a)(4) speak in terms of two separate decisions—incompetency first,
then placement.
Furthermore, rule 9.145(c)(1)(I), governing state appeals in juvenile
delinquency cases, expressly refers only to the inco...
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 14703, 2015 WL 5752615
...proceed, do not allow the State to challenge the trial court’s ruling on secure placement. The order at issue here qualifies as one from a “preadjudicatory hearing! ],” section
985.534(l)(b)8., Florida Statutes (2007), but it is nonfinal. See §
985.19(5)(a), Fla....
...finding a child incompetent pursuant to the Florida Rules of Juvenile Procedure.” Fla. RApp. P. 9.145(c)(l)(I). The question, then, is whether the lower court’s 'decision not to order secure placement for K.S. is an appealable issue for the State within “an order ... finding a child incompetent.” The language in section 985.19, Florida Statutes, which governs incompetency determinations in juvenile proceedings, its procedural counterpart, Florida Rule of Juvenile Procedure 8.095, indicates that the placement decision, though related to the incompetency determination, is a separate, distinct decision....
...In pertinent part, the statute provides: “If the court finds that a child has mental illness, intellectual disability, or autism and adjudicates the child incompetent to proceed, the court must also determine whether the child meets the criteria for secure placement.” § 985.19(3), Fla....
...Similarly, *296 rule 8.095(a)(4) says, “[i]f ... the child is found to be incompetent to proceed, the child must be adjudicated incompetent to proceed and may be involuntarily committed as provided by law to the Department of Children and Families for treatment[.]” Both section 985.19(3) and rule 8.095(a)(4) speak in....
CopyPublished | Florida 5th District Court of Appeal
...The court
concluded that the minor does not presently risk bodily harm to
himself or others and likewise does not pose a risk of injurious self-
neglect. Therefore, the court concluded that he “does not meet the
criteria for secure placement” under section 985.19(3), Florida
2
Statutes (2023)....
...Although
DCF was party to neither the juvenile case nor the commitment
proceeding, “it has standing to seek certiorari review of the circuit
court order because it is affected by the order and no other remedy
is available.” Id. (internal quotation marks omitted).
III.
Section 985.19(2), Florida Statutes (2023), generally requires
commitment to DCF of incompetent minors charged with felony-
level delinquent acts or offenses....
...immaturity, or for any
reason other than for mental illness, intellectual disability, or
autism, must not be committed to the department or to the
Department of Children and Families for restoration-of-
competency treatment or training services.” § 985.19(2), Fla....
... Case No. 5D23-2362
LT Case No. 2020-CJ-000401
MAKAR, J., concurring.
I concur in the disposition of this case because the minor does
not meet the commitment criteria in section 985.19, Florida
Statutes, and, additionally, because the competency evaluations
upon which the trial judge relied were outdated....
CopyPublished | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 17669, 2008 WL 4964141
...Petitioner A.L.M. seeks certiorari review and habeas corpus relief following two trial court orders in related juvenile delinquency proceedings which ordered him committed to the Department of Children and Families (DCF) under secure placement pursuant to Section 985.19(3), Florida Statutes and Florida Rule of Juvenile Procedure 8.095(a)(4)....
...The judge also found that petitioner’s behavior made it likely he would cause a threat to others at some time in the future, and that it would be more beneficial to him to be placed in a more restricted environment. He found that there were no lesser restrictive alternatives. Section 985.19(a)(3), (4), Florida Statutes, under which the orders involuntarily committing petitioner were entered, provides the criteria for secure placement along with the requirement that there must be clear and convincing evidence to support the....
...Florida Rule of Juvenile Procedure 8.095(a)(3),(4), governing the procedure for cases in which a child is found incompetent to proceed, contains the same standards. Although three psychologists testified, their testimony did not support, by clear and convincing evidence, the trial court’s finding that, under section 985.19(3) that there was “a substantial likelihood” that petitioner would inflict serious bodily harm to himself or others so as to warrant his involuntary, secure placement....
CopyPublished | Florida 5th District Court of Appeal
PER CURIAM. D.W. petitions this Court for a writ of mandamus compelling the trial court to toll speedy trial, stay all proceedings, and appoint two experts to evaluate his competency pursuant to Florida Rule of Juvenile Procedure 8.095 and section 985.19(1), Florida Statutes (2016)....
...he essential requirements of law, and grant the petition. D.W.'s counsel filed a motion to determine competency on February 7, 2018. The trial court denied the motion without elaboration. The motion satisfies the requirements of rule 8.095(a)(1) and section 985.19, and should have been granted. Hence, we quash the order denying the motion to determine competency. On remand, the trial court shall stay the proceedings and order an examination in compliance with rule 8.095 and section 985.19....
CopyPublished | Florida 5th District Court of Appeal
...PER CURIAM.
D.W. petitions this Court for a writ of mandamus compelling the trial court to toll
speedy trial, stay all proceedings, and appoint two experts to evaluate his competency
pursuant to Florida Rule of Juvenile Procedure 8.095 and section 985.19(1), Florida
Statutes (2016)....
...l requirements of law, and grant the petition.
D.W.’s counsel filed a motion to determine competency on February 7, 2018. The
trial court denied the motion without elaboration. The motion satisfies the requirements
of rule 8.095(a)(1) and section 985.19, and should have been granted. Hence, we quash
the order denying the motion to determine competency. On remand, the trial court shall
stay the proceedings and order an examination in compliance with rule 8.095 and section
985.19.
PETITION GRANTED; ORDER QUASHED.
ORFINGER, BERGER and WALLIS, JJ., concur.
2
CopyPublished | Florida 2nd District Court of Appeal
...was charged with robbery and battery in case number 15-367 and
burglary of an unoccupied dwelling and grand theft in case number 15-350. Both cases
stem from separate incidents that occurred on January 24, 2015. On February 16,
2015, the trial court ordered a determination of B.R.C.'s mental condition in accordance
with section 985.19, Florida Statutes (2014), and Florida Rule of Juvenile Procedure
8.095....
...was competent
to proceed, we reverse and remand for further proceedings.
We review a trial court's decision regarding competency for an abuse of
discretion, but questions of statutory interpretation are reviewed de novo. State v. D.V.,
111 So. 3d 234, 236 (Fla. 4th DCA 2013). Section
985.19 addresses incompetency in
juvenile delinquency cases and states:
(1) If, at any time prior to or during a delinquency
case, the court has reason to believe that the child named in
the pet...
...stay all proceedings and
order an evaluation of the child's mental condition.
All determinations of competency must be made at a hearing, and the court must make
findings of fact based on mental evaluations provided by two to three experts appointed
by the court. § 985.19(1)(b); Dep't of Children & Families v....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 470626, 2014 Fla. App. LEXIS 1617
PER CURIAM. Petitioner, a child against whom numerous petitions for delinquency were filed, was declared incompetent to proceed pursuant to section 985.19(3), Florida Statutes (2013)....
CopyPublished | Florida 5th District Court of Appeal
...PER CURIAM.
E.C. petitions this Court for a writ of mandamus compelling the trial court to toll
speedy trial, stay all proceedings, and appoint two experts to evaluate his competency
pursuant to Florida Rule of Juvenile Procedure 8.095 and section 985.19(1), Florida
Statutes (2016)....
... E.C.’s counsel filed five separate motions to determine competency. The trial court
denied all five motions as “legally insufficient.” While several of the motions were legally
insufficient, the final motion satisfied the requirements of rule 8.095(a)(1) and section
985.19, and should have been granted. Hence, we quash the order denying the fifth
motion to determine competency. On remand, the trial court shall stay the proceedings
and order an examination in compliance with rule 8.095 and section 985.19.
PETITION GRANTED; ORDER QUASHED.
PALMER, ORFINGER and EVANDER, JJ., concur.
2
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 4006940, 2013 Fla. App. LEXIS 12358
...(B) If, at the end of the 2^year period following the date of the order of incompetency, the child has not attained competency and there is no evidence that the child will attain competency within a year, the court must dismiss the delinquency petition. (Emphasis supplied). Section 985.19(5), Florida Statutes (2012), provides: (5)(a) If a child is determined to be incompetent to proceed, the court shall retain jurisdiction of the child for up to 2 years after the date of the order of incompetency, with reviews at least every 6 months to determine competency....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1440752, 2013 Fla. App. LEXIS 5708, 38 Fla. L. Weekly Fed. D 804
...In this case, the trial court adjudicated D.V. incompetent to proceed based on the evaluation of one expert appointed by the court and one expert appointed by the Department of Children and Families (“DCF”). We determine that the court erred because section 985.19(1)(b), Florida Statutes (2011), requires that the court base its competency determination on the evaluations of at least two experts appointed by the court....
...The court then held a competency hearing. The court asked the state whether it would agree to a determination of incompetency, and the state refused to stipulate. The state requested that another expert be appointed by the court to evaluate D.V., which the state argued was required under section 985.19(l)(b)....
...valuation. Experts appointed by the court to determine the mental condition of a child shall be allowed reasonable fees for services rendered. State employees may be paid expenses pursuant to s.
112.061. The fees shall be taxed as costs in the case. §
985.19(1)(b), Fla....
