985.245

Risk assessment instrument.

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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).

Notes of Decisions

Cited in 22 cases, 2007–2019 · leading case: BM v. Dobuler

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BM v. Dobuler (2008) fladistctapp · cites it 7× “" § 985.245(1), Fla. Stat. (2007); R.W. v. Soud, 639 So.”

State Department of Juvenile Justice v. S.M. (2013) fla · cites it 4× “245(1), Florida Statutes (2011), states that “[a]ll 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…”

KE v. Department of Juvenile Justice (2007) fladistctapp · cites it 3× “The child had a total score of two points on the Risk Assessment Instrument and therefore did not meet the general criteria for detention under section 985.245, Florida Statutes (2007).”

A.M. v. State (2014) fladistctapp · cites it 2× “Prior to the commencement of the hearing, the Department of Juvenile Justice (“the Department”) prepared the Risk Assessment, as provided by section 985.245, Florida Statutes (2014), and designated the robbery by sudden snatching as a violent third-degree felony which, together…”

CB v. Dobuler (2008) fladistctapp · cites it 3× “§ 985.245(1), 2(a), Fla. Stat. (2008). The Risk Assessment Instrument in this case was properly scored based upon both C.”

T.K. v. State (2013) fladistctapp · cites it 2× “2 § 985.245(1), Fla. Stat. (2012). There are no rules, controlling statute, case law, or anything on the RAI itself that define what constitutes “violent second degree felonies” in Section IIIA.”

K.P. v. State (2007) fladistctapp · cites it 3× “Initially, he points out that under section 985.245(1), Florida Statutes (2007): “All determinations and court orders regarding placement of a child into detention care .”

In re Amendments to the Florida Rules of Juvenile Procedure (2013) fla · cites it 2× “held in secure detention for domestic violence charge under section 985.245, Florida Statutes. The court finds: respite care is not available for the child; and *304 it is necessary to place the child in secure detention to protect the victim from injury.”

M.A.M. v. Vurro (2009) fladistctapp “See § 985.245, .25(l)(a), (b). The child must be given a detention hearing within twenty-four hours of being taken into custody.”

J.L.T. v. Department of Juvenile Justice (2013) fladistctapp “”); see also § 985.245(2)(a) (giving DJJ the policy-making authority to create the RAI).”

R.A.P. v. Parkins (2008) fladistctapp · cites it 2× “When there is a new crime alleged as the violation of probation, proceedings are governed by section 985.245(4), Florida Statutes. We also do not restrict the court’s contempt power set forth in section 985.”

T.K.B. v. Durham (2011) fladistctapp “Additionally, section 985.245 states that, in the absence of a specific statutory exception, an order placing a child in detention “shall be based on a risk assessment of the child.”

Show all 22 citing cases →

— 985.245(1) — 9 cases

BM v. Dobuler (2008) fladistctapp “" § 985.245(1), Fla. Stat. (2007); R.W. v. Soud, 639 So.”

State Department of Juvenile Justice v. S.M. (2013) fla “245(1), Florida Statutes (2011), states that “[a]ll 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…”

T.K. v. State (2013) fladistctapp “2 § 985.245(1), Fla. Stat. (2012). There are no rules, controlling statute, case law, or anything on the RAI itself that define what constitutes “violent second degree felonies” in Section IIIA.”

K.P. v. State (2007) fladistctapp “Initially, he points out that under section 985.245(1), Florida Statutes (2007): “All determinations and court orders regarding placement of a child into detention care .”

CB v. Dobuler (2008) fladistctapp “§ 985.245(1), 2(a), Fla. Stat. (2008). The Risk Assessment Instrument in this case was properly scored based upon both C.”

— 985.245(2) — 1 case

— 985.245(2)(a) — 1 case

J.L.T. v. Department of Juvenile Justice (2013) fladistctapp “”); see also § 985.245(2)(a) (giving DJJ the policy-making authority to create the RAI).”

— 985.245(4) — 2 cases

CB v. Dobuler (2008) fladistctapp “§ 985.245(1), 2(a), Fla. Stat. (2008). The Risk Assessment Instrument in this case was properly scored based upon both C.”

R.A.P. v. Parkins (2008) fladistctapp “When there is a new crime alleged as the violation of probation, proceedings are governed by section 985.245(4), Florida Statutes. We also do not restrict the court’s contempt power set forth in section 985.”

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