Florida Statute 985.245 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON JUVENILES

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F.S. 985.245

985.245 Risk assessment instrument.—

(1) All determinations and court orders regarding placement of a child into detention care shall comply with all requirements and criteria provided in this part and shall be based on a risk assessment of the child, unless the child is placed into detention care as provided in s. 985.255(2).

(2)(a) The risk assessment instrument for detention care placement determinations and orders shall be developed by the department in agreement with representatives appointed by the following associations: the Conference of Circuit Judges of Florida, the Prosecuting Attorneys Association, the Public Defenders Association, the Florida Sheriffs Association, and the Florida Association of Chiefs of Police. Each association shall appoint two individuals, one representing an urban area and one representing a rural area. The parties involved shall evaluate and revise the risk assessment instrument as is considered necessary using the method for revision as agreed by the parties.

(b) The risk assessment instrument shall take into consideration, but need not be limited to, pending felony and misdemeanor offenses, offenses committed pending adjudication, prior offenses, unlawful possession or use of a firearm, prior history of failure to appear, violations of supervision, and supervision status at the time the child is taken into custody. The risk assessment instrument shall also take into consideration all statutory mandates for detention care. The risk assessment instrument shall also include any information concerning the child’s history of abuse and neglect. The risk assessment shall indicate whether detention care is warranted, and, if detention care is warranted, whether the child should be placed into secure or supervised release detention care.

(3) If, at the detention hearing, the court finds a material error in the scoring of the risk assessment instrument, the court may amend the score to reflect factual accuracy.

(4) For a child who is under the supervision of the department through probation, supervised release detention, conditional release, or commitment and who is charged with committing a new offense, the risk assessment instrument may be completed and scored based on the underlying charge for which the child was placed under the supervision of the department.

History.—s. 5, ch. 90-208; s. 7, ch. 92-287; s. 21, ch. 93-230; s. 3, ch. 93-408; s. 29, ch. 94-209; s. 9, ch. 95-267; s. 21, ch. 97-238; s. 79, ch. 98-280; s. 8, ch. 2000-134; s. 18, ch. 2001-125; s. 16, ch. 2002-55; s. 32, ch. 2006-120; s. 15, ch. 2014-162; s. 12, ch. 2017-164; s. 7, ch. 2018-86; s. 5, ch. 2023-87; s. 8, ch. 2024-130.

Note.—Former s. 39.042(2); s. 985.213(2).

F.S. 985.245 on Google Scholar

F.S. 985.245 on CourtListener

Amendments to 985.245

Annotations, Discussions, Cases:

Cases Citing Statute 985.245

Total Results: 26

KE v. Department of Juvenile Justice

963 So. 2d 864, 2007 Fla. App. LEXIS 12668, 2007 WL 2301397

District Court of Appeal of Florida | Filed: Aug 14, 2007 | Docket: 1697492

Cited 8 times | Published

meet the general criteria for detention under section 985.245, Florida Statutes (2007). However, a specific

State Department of Juvenile Justice v. S.M.

131 So. 3d 780, 38 Fla. L. Weekly Supp. 887, 2013 WL 6500879, 2013 Fla. LEXIS 2686

Supreme Court of Florida | Filed: Dec 12, 2013 | Docket: 60238163

Cited 5 times | Published

Dobuler, 979 So.2d 308, 310 (Fla. 3d DCA 2008). Section 985.245(1), Florida Statutes (2011), states that “[a]ll

BM v. Dobuler

979 So. 2d 308, 2008 WL 724124

District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1714467

Cited 3 times | Published

supported by a proper "risk assessment of the child." § 985.245(1), Fla. Stat. (2007); R.W. v. Soud, 639 So.2d

T.K. v. State

125 So. 3d 970, 2013 WL 2493764, 2013 Fla. App. LEXIS 9287

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60236140

Cited 2 times | Published

detention care as provided in s.985.255(2).2 § 985.245(1), Fla. Stat. (2012). There are no rules, controlling

M.A.M. v. Vurro

2 So. 3d 388, 2009 WL 32416

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 1644176

Cited 2 times | Published

mandated risk assessment *390 instrument. See § 985.245, .25(1)(a), (b). The child must be given a detention

CB v. Dobuler

997 So. 2d 463, 2008 WL 5156639

District Court of Appeal of Florida | Filed: Dec 10, 2008 | Docket: 1377233

Cited 2 times | Published

regarding placement of a child in detention care. § 985.245(1), 2(a), Fla. Stat. (2008). The Risk Assessment

KP v. State

952 So. 2d 1229, 2007 WL 935576

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1347226

Cited 2 times | Published

detention. Initially, he points out that under section 985.245(1), Florida Statutes (2007): "All determinations

A.M. v. State

147 So. 3d 98, 2014 Fla. App. LEXIS 12145, 2014 WL 3456157

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 60243431

Cited 1 times | Published

prepared the Risk Assessment, as provided by section 985.245, Florida Statutes (2014), and designated the

J.L.T. v. Department of Juvenile Justice

104 So. 3d 1257, 2013 WL 85452, 2013 Fla. App. LEXIS 267

District Court of Appeal of Florida | Filed: Jan 9, 2013 | Docket: 60227387

Cited 1 times | Published

qualify for any form of deten*1259tion.”); see also § 985.245(2)(a) (giving DJJ the policy-making authority

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713535

Published

loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

A.A. v. State

271 So. 3d 87

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 64713536

Published

loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

A.A., S.F., & N.A. v. State

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572888

Published

loitering and prowling case, the DJJ, pursuant to section 985.245 of the Florida Statutes, had prepared a Detention

T.M. v. State

227 So. 3d 745, 2017 WL 5017075

District Court of Appeal of Florida | Filed: Sep 29, 2017 | Docket: 60278052

Published

secure detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255

T.M. v. State

District Court of Appeal of Florida | Filed: Sep 25, 2017 | Docket: 6165152

Published

detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255

O.A. v. State

146 So. 3d 135, 2014 Fla. App. LEXIS 13685, 2014 WL 4344546

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 60242848

Published

factors, the nature of the offense(s) charged. § 985.245 Fla. Stat. (2014). At O.A.’s May 28, 2014, detention

O.A. v. State

District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150414

Published

factors, the nature of the offense(s) charged. § 985.245 Fla. Stat. (2014). At O.A.’s May 28

A.M. v. State

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 762121

Published

prepared the Risk Assessment, as provided by section 985.245, Florida Statutes (2014), and designated the

A.M. v. State

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 433705

Published

prepared the Risk Assessment, as provided by section 985.245, and designated the robbery by sudden snatching

In re Amendments to the Florida Rules of Juvenile Procedure

115 So. 3d 286, 38 Fla. L. Weekly Supp. 337, 2013 Fla. LEXIS 1944, 2013 WL 2248756

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232163

Published

detention for domestic violence charge under section 985.245, Florida Statutes. The court finds: respite

A.P. v. Housel

126 So. 3d 1182, 2012 WL 3965144, 2012 Fla. App. LEXIS 15329

District Court of Appeal of Florida | Filed: Sep 12, 2012 | Docket: 60236218

Published

Justice, 91 So.3d 175, 175 (Fla. 4th DCA 2012). Section 985.245, Florida Statutes (2012), provides: “All determinations

T.K.B. v. Durham

63 So. 3d 60, 2011 Fla. App. LEXIS 7158, 2011 WL 1879119

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2365894

Published

reasons given in the statute. Additionally, section 985.245 states that, in the absence of a specific statutory

R.A.P. v. Parkins

994 So. 2d 414, 2008 Fla. App. LEXIS 16423, 2008 WL 4643875

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 64856731

Published

of probation, proceedings are governed by section 985.245(4), Florida Statutes. We also do not restrict

In re Amendments to the Florida Rules of Criminal Procedure

993 So. 2d 503, 33 Fla. L. Weekly Supp. 834, 2008 Fla. LEXIS 1970, 2008 WL 4587121

Supreme Court of Florida | Filed: Oct 16, 2008 | Docket: 64856276

Published

2004) (on file with Clerk, Fla. Sup. CL). . Section 985.245, Florida Statutes (2007), requires that, in

S.W. v. State, Department of Juvenile Justice

987 So. 2d 173, 2008 Fla. App. LEXIS 10896

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855252

Published

must be based on a risk assessment of the child. § 985.245(1), Fla. Stat. (2007). A court may order a more

Cd v. Vurro

975 So. 2d 475, 2007 WL 1757001

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1727449

Published

session, section 985.213(2) was renumbered as section 985.245. See ch. 06-120, § 32, Laws of Fla. (effective

K.P. v. State

952 So. 2d 1229, 2007 Fla. App. LEXIS 4674

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 64849954

Published

detention. Initially, he points out that under section 985.245(1), Florida Statutes (2007): “All determinations