Florida/Georgia Personal Injury & Workers Compensation

...e juvenile delinquency docket. 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). However, a specific provision in section 985.255(2) authorizes the court to place a child charged with an offense of domestic violence in secure detention if an alternative placement, referred to in the statute as "respite care," does not exist....

...ion, and a child who scores below seven points does not qualify for any form of detention. A trial judge may deviate from the level of restrictiveness required by the scoring, but in that event, the judge must explain why the deviation is necessary. Section 985.255(3)(b) directs that "[i]f the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state in writing, clear and convincing reasons for such placement....

...However, this ceased to be a valid reason for secure detention once the child's lawyer located an approved alternative placement. Whatever risk may have existed would have been mitigated by the fact that the child would not be living with her mother. Section 985.255(2) provides for the detention of a child charged with domestic violence only for a limited time and only when the evidence shows that it is necessary....

...741.28 and who does not meet detention criteria may be held in secure detention if the court makes specific written findings that: (a) Respite care for the child is not available. (b) It is necessary to place the child in secure detention in order to protect the victim from injury. § 985.255(2), Fla. Stat. (2007) (emphasis added). Judge Dempsey did not make either of the findings that would be required to continue the child's secure detention under section 985.255(2)....

...These errors lead us to conclude that our main point bears repeating. Juvenile detention is a matter that is controlled by legislation. It is not for us, as judges, to question the wisdom of the legislation. Rather, our task is simply to carry it out. Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency case....

...t to properly consider the petition. The Fourth District disagreed. A copy of S.M.’s RAI subsequently became a part of the record before the Fourth District when the State attached the RAI to its motion for rehearing. The Fourth District relied on section 985.255(3)(a), Florida Statutes (2011), for the proposition that except for situations involving subsection (l)(d) — relating to domestic violence — or (l)(e) — relating to possessing or discharging a firearm on school property — of the statute, the determination of whether or not continued detention of a juvenile is necessary is based on the juvenile’s RAI score. S.M., 91 So.3d at 175-76 . It explained that section 985.255(l)(h), Florida Statutes (2011), which addresses juveniles who are charged with violating probation, does not require that the trial court impose home detention....

...bation officers properly concluded that home detention was appropriate under subsection II.J of the RAI in spite of a risk assessment score of zero points. At the detention hearings, the juvenile court judge properly continued their detentions under section 985.255(l)(h), which provides for continuing the child’s placement in home detention care if the child is alleged to have violated probation or conditional release....

...The Second District explained that the Fourth District’s analysis in S.M. was “incomplete” because the RAI also allows for certain exceptions under which the juvenile may be detained regardless of the total risk assessment score, which is only one aspect of the instrument. Thus, section 985.255(1) presupposes the existence of a qualifying risk assessment instrument, not just a qualifying score, before a court may continue detention....

...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).” Section 985.255(2), Florida Statutes (2011), addresses situations where a juvenile “is charged with committing an offense of domestic violence.” Section 985.245(2), Florida Statutes (2011), directs the Department of Juvenile Justice to develop the RAI and specifies certain factors that the RAI should take into consideration. Section 985.255(1), Florida Statutes (2011), contains subparagraphs (a) through (j), which list situations when a juvenile may remain detained following a detention hearing but prior to an adjudicatory hearing. The situations where a juvenile may be detained listed in section 985.255(1) overlap with the situations in which a juvenile may be detained listed in the form RAI. Section 985.255(3)(a), Florida Statutes (2011), states that except for situations where the child is charged with a domestic violence offense or an offense involving possession or discharge of a firearm on school property, “the court shall use the...

...the risk assessment per *785 formed by the juvenile probation officer and, based on the criteria in subsection (1), shall determine the need for continued detention.” A copy of S.M.’s RAI was essential for the review of S.M.’s habeas petition. Section 985.255(3)(a) is clear that in most cases, a trial court’s decision regarding juvenile detention must be based on the RAI....

...should be placed in home detention instead of a consequence unit. Based on the “yes” response to criteria (J) in section II, S.M. could be placed in home detention or in a consequence unit, regardless of her RAI score. This element of the form RAI is in line with the provisions of *786 section 985.255(l)(h), Florida Statutes (2011), which specifically authorizes the continued detention of a juvenile where: The child is alleged to have violated the conditions of the child’s probation or conditional release supervision....

...1020. Section 985.24 of the Florida Statutes, entitled "Use of detention; prohibitions," clearly and unambiguously sets forth the grounds on which a child may be detained. See § 985.24(1)(a)-(e), Fla. Stat. (2007). Absent a statutory exception, see § 985.255(2), Fla....

...could not be sustained under the juvenile court's statutory contempt powers, but argued that the trial court's dual findings that B.M. presented an "extensive record of absconding from home" as well as "disregard of the Court process" were sufficient to justify secure detention under section 985.255(3)(b) of the Florida Statutes (2007)....

...For the reasons that follow, this argument is meritless, if not frivolous. Ordinarily, the placement of a child into detention is dependent upon the existence of a validly prepared and scored risk assessment instrument supporting the placement. See supra n. 2. However, section 985.255(3)(b) of the Florida Statutes (2007), in which the State seeks solace in this case, authorizes a juvenile court judge to depart from the placement indicated in the risk assessment instrument and order a more restrictive placement in a proper circumstance. The section states: "If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement." § 985.255(3)(b), Fla....

...rted that A.K. had "taken off." A.K. was then arrested based upon this order on February 6, 2007. A.K. was taken to the Miami-Dade Detention Center, instead of the JAC, most likely due to the "Do Not Release" notation on the order. Florida Statutes, section 985.255(1) provides, in pertinent part, that: (1) Subject to s....

...26, 2007) (the trial court ordered the child held in secure detention for twenty-one days after the pick-up order was quashed, the State conceded error, and the petition for writ of habeas corpus was granted); S.J. v. State, 596 So.2d 1181 (Fla. 5th DCA 1992); W.N. v. Fryer, 572 So.2d 24 (Fla. 4th DCA 1990). See also § 985.255(1)(j), Fla....

...Thomas, Assistant Attorney General, for respondents. Before GERSTEN, FLETCHER, and SUAREZ, JJ. PER CURIAM. A.R., a juvenile, filed a petition for writ of habeas corpus. He contends that he is being illegally detained pursuant to an order of secure detention, in violation of section 985.255(1)(a)-(j), Florida Statutes (2006). Because the trial court ordered the juvenile to remain in secure detention without providing written reasons for ordering a more restrictive placement than the risk assessment instrument indicated, we grant the petition. See § 985.255(3)(b), Fla. Stat. (2006). To ensure that the petitioner is not improperly kept in detention, we order the trial court to either enter an order providing written reasons sufficient to comply with section 985.255(3)(b), Florida Statutes (2006), or to release A.R....

...Although the trial court may have had meritorious reasons for keeping K.P. in secure detention for five days regardless of the recommendation of the risk assessment instrument, as the State properly concedes, the trial court failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007)....

...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)....

...g or attempted eluding: (a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. . Section 985.255(2), Florida Statutes, relates to domestic violence charges and is not applicable in this case.

...ecure detention to home detention, based on factors outlined in a statutorily mandated risk assessment *390 instrument. See § 985.245, .25(1)(a), (b). The child must be given a detention hearing within twenty-four hours of being taken into custody. § 985.255(3)(a)....

...erwise meet the secure detention criteria, the child may continue to be held in secure detention only if the court makes "specific written findings" that respite care is unavailable and that secure detention is required to prevent victim injury. [1] § 985.255(2)....

...Section 985.26(2) provides that "[a] child may not be held in secure, nonsecure, or home detention care under a special detention order for more than 21 days unless an adjudicatory hearing for the case has been commenced in good faith by the court." We conclude that sections 985.255(2) and 985.26(2) clearly prohibit the trial court from ordering that a child charged with domestic violence be held in secure detention for more than twenty-one days in total....

...NOTES [1] In making their arguments, the petitioners rely on the 2005 version of the Florida Statutes. That version will remain in effect until December 31, 2006 at which time the new version takes effect. See Laws 2006-120. §§ 33, 34, 35, 36, 37, eff. Jan. 1, 2007, renumbering section 985.215 as sections 985.25 and 985.255. Thus, while we address the current text of section 985.215 in this opinion, after Jan. 1, 2007, the language at issue will appear as part of section 985.255(3)(a). [2] This provision will appear as section 985.25(1)(a) in the 2006 Florida Statutes. [3] These provisions will appear in section 985.25(1) and 985.255(3) respectively in the 2006 Florida Statutes....

...he Risk Assessment Instrument did not authorize placement of C.B. in secure detention—a principle of law reiterated to him by this Court in an opinion issued a mere ninety days earlier. See B.M., 979 So.2d at 310 ("Absent a statutory exception, see § 985.255(2), Fla....

...the way. So I think perhaps the Third DCA's ruling is a bit premature, since he was just picked up on the 3rd of June and today is only the 6th, Counsel. (emphasis added). Of course, the plain language of the statute to which the court was alluding, section 985.255(1)(i), Florida Statutes (2008), limits this seventy-two hour hold power to "72 hours in advance of the next scheduled court hearing." [4] A precondition of its deployment is the existence of a scheduled hearing within seventy-two hours of the secure detention order authorized by the statute....

...would have been in secure detention for twenty-one days after he was taken into custody). In this case, C.B. was summarily ordered from the judge's courtroom on June 3, 2008. The "next scheduled court hearing" in C.B.'s case was set for June 10, 2008. The judge had no authority to hold C.B. under section 985.255(1)(i)....

...See A.K., 951 So.2d at 991. Moreover, he made no finding that C.B. acted "willfully" as required by the statute. See M.P. v. Gardner, 838 So.2d 711, 713 (Fla. 4th DCA 2003). It is clear to us from the transcript of the June 6 hearing that the judge's invocation of section 985.255(1)(i) of the Florida Statutes at that time was nothing more than an effort at post-hoc justification of his June 3 order....

...faced with the nearly identical circumstances in K.E. v. *466 Department of Juvenile Justice, 963 So.2d 864, 868 (Fla. 1st DCA 2007): It is not for us, as judges, to question the wisdom of the legislation. Rather, our task is simply to carry it out. Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency case....

...A score of four points on a risk assessment instrument does not justify placement in secure detention. See B.M., 979 So.2d at 312 n. 2. [3] Because time was of the essence in releasing C.B. from custody, we advised that an opinion explaining our reasoning would follow. [4] Section 985.255(1)(i) reads: (1) [A] child taken into custody and placed into nonsecure or home detention care or detained in secure detention care prior to a detention hearing may continue to be detained by the court if: .......

...If her RAI showed a score of twelve or more points, then she qualified for secure detention, see J.L.T. v. Dep’t of Juvenile Justice, 104 So.3d 1257, 1258-59 (Fla. 2d DCA 2013), and because she violated her probation she qualified for home detention regardless of her RAI score, see § 985.255(l)(h); see also S.M., 131 So.3d at 785 ....

...care was not available; and (3) secure detention was necessary to protect the victim from injury. Those reasons can justify secure detention for a juvenile who does not otherwise qualify "if the court makes specific written findings" of those facts. § 985.255(2), Fla....

...However, the court's order did not include such specific written findings. "If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement." § 985.255(3)(b), Fla....

...sons for such placement, we are required to grant the petition for writ of habeas corpus. We direct the court, by 5:00 p.m. on the second business day following the date of issuance of this opinion, either to enter a written order in accordance with section 985.255 or order A.D.'s release from secure detention....

...Housel, 10 So.3d 694, 695 (Fla. 1st DCA 2009) (granting petition for writ of habeas corpus and directing circuit court, by 5:00 p.m. on the second business day following the date of issuance of the opinion, either to enter a written order in accordance with section 985.255 or order the juvenile's release from secure detention)....

...further contends that the court improperly found the aggravating circumstance, thereby adding three points to the DRAI score, because of the arrest on grand theft auto while out in custody on an adult case. M.G. argues that the finding of aggravating circumstances amounts to double scoring. M.G. qualifies for home detention. Section 985.255(1)(g), Florida Statutes, provides, in pertinent part: The child is charged with any second degree or third degree felony involving a violation of chapter 893 or any third degree felony that is not also a crime of violence, and the child: 1....

...Has a record of violent conduct resulting in physical injury to others; or 5. Is found to have been in possession of a firearm. The Department of Juvenile Justice properly determined that M.G.'s arrest for grand theft auto qualifies him for detention under section 985.255....

...er in the mouth. He scored only one point on his Risk Assessment Instrument (RAI), but because his offense was one of domestic violence, he was ordered held in secure detention for twenty-one days at his initial detention hearing on May 7, 2009. See § 985.255(2), Fla....

...A child may not be held in any kind of detention care unless the same is authorized by statute. See J.J. v. Fryer, 765 So.2d 260, 263 (Fla. 4th DCA 2000). We conclude that the trial court's oral findings were supported by competent substantial evidence. However, the statute that applies to this situation, section 985.255(2), Florida Statutes (2008), requires written findings: (2) A child who is charged with committing an offense of domestic violence as defined in s....

...The child may continue to be held in detention care if the court makes *695 a specific, written finding that detention care is necessary to protect the victim from injury. However, the child may not be held in detention care beyond the time limits set forth in this section or s. 985.26. § 985.255(2), Fla....

...COHEN, J. J.S., a juvenile, appeals an order of indirect criminal contempt stemming from a delinquency proceeding. On January 16, 2007, J.S. was arrested and detained for battery upon his younger brother. Detention for such an offense is authorized under section 985.255(1)(d), Florida Statutes (2006)....

...ure or home detention is the appropriate placement for A.M. However, the State contends that the correct RAI score of 10 is irrelevant, and that A.M.'s continued secure detention is legal, based upon the involvement of a firearm. The State relies on section 985.255(1)(f), Florida Statutes (2008), which provides that a child's continued secure detention is appropriate where: The child is charged with a capital felony, a life felony, a felony of the first degree, a felony of the second degree that...

...on of chapter 893, or a felony of the third degree that is also a crime of violence, including any such offense involving the use or possession of a firearm. While this is true, the statute also provides that where a juvenile is detained pursuant to section 985.255(1), at the mandatory detention hearing where the need for continued detention is determined: "Unless a child is detained under paragraph (1)(d) or paragraph (1)(e), the court shall use the results of the risk assessment performed by the juvenile probation officer and, based on the criteria in subsection (1), shall determine the need for continued detention." § 985.255(3)(a), Fla. Stat. (2008) (emphasis added). A.M. was not detained under paragraph (1)(d) or paragraph (1)(e) of section 985.255, he was detained under paragraph (1)(f)....

...should continue in secure detention. Furthermore, as the State has apparently conceded, A.M.'s RAI was incorrectly scored, and should have been 10—indicating non-secure or home detention. However, paragraph (3)(a) does not end this Court's analysis. Section 985.255 provides a legal basis for the continued secure detention of a respondent in A.M.'s situation: "If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement." § 985.255(3)(b), Fla....

...ints qualifies for home detention, and a child who scores below seven points does not qualify for any form of detention.”). Quoting S.M. v. State, Department of Juvenile Justice, 91 So.3d 175, 175 (Fla. 4th DCA 2012), the petitioners argue “that section 985.255(l)(h), Florida Statutes [ (2012) ], does not permit home detention without a qualifying risk assessment score.” Like the petitioners here, the juvenile petitioner in S.M....

...Agreeing with the petitioner’s argument, the Fourth District granted the petition and concluded that the trial court erred in placing the juvenile in home detention because she scored zero points on the RAI. Id. at 176 . The court reasoned as follows: Section 985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles charged with violating probation. This section permits a court to continue detention required by the juvenile probation officer during intake. § 985.255(1), Fla....

...secure detention care pri- or to a detention hearing may continue to be detained by the court if ...”). During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25(l)(b), Fla. Stat. (2011). Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue detention. Id. (emphasis added). In our view, the analysis in S.M. is incomplete. We agree that section 985.255(1) permits the court to continue detention as established by the probation officer and that at intake the probation officer can require detention only if it is authorized by the RAI....

...The risk assessment instrument as a whole provides the probation officer with the criteria to be considered in determining the need for detention care. See T.K.B., 63 So.3d at 62 (“If a juvenile qualifies for detention under the ‘admission criteria’ of the RAI and subsections 985.255(l)(a) through (j) .......

...a) (giving DJJ the policy-making authority to create the RAI). But the RAI also allows for certain exceptions under which the juvenile may be detained regardless of the total risk assessment score, which is only one aspect of the instrument. 2 Thus, section 985.255(1) presupposes the existence of a qualifying risk assessment instrument, not just a qualifying score, before a court may continue detention....

...985.245” (emphasis added)). Under the “Admission Criteria” section of the RAI, any juvenile who meets one of the requirements in subsections (F) through (K) is subject to detention regardless of the number of points scored on the RAI. See also § 985.255(l)(a)-(j)....

...tors (F) through (K), regardless of the number of points scored). The relevant exception in this case is subsection (J) “a youth ... alleged to have violated the conditions of the youth’s probation or conditional release supervision.” See also § 985.255(l)(h)....

...bation officers properly concluded that home detention was appropriate under subsection II.J of the RAI in spite of a risk assessment score of zero points. At the detention hearings, the juvenile court judge properly continued their detentions under section 985.255(l)(h), which provides for continuing the child’s placement in home detention care if the child is alleged to have violated probation or conditional release....

...and that the harm to them will be compounded as the failure to appear is memorialized in their juvenile record and assessed as a risk factor, which adds points toward a threshold that will determine whether they are jailed in future proceedings. See § 985.255(1)(g)(1) Fla....

...further contends that because the Florida Statutes do not define “absconder,” the definition of the term provided in the Department of Juvenile Justice practice materials should be used in determining whether absconder points can be assessed against a juvenile pursuant to section 985.255, Florida Statutes (2010)....

...ent to avoid judicial process, i.e., the service of court documents, arrest, etc. Rather, we read the phrase “the legal process” to encompass the requirements governing a child’s conduct imposed by the trial court in an order of probation. See § 985.255(l)(a), (3)(a)....

...sified the charged crime of robbery by sudden snatching as a “violent third-degree felony” resulting in an enhanced detention-status score for O.A. 1 Based on O.A.’s detention-status score, the trial judge ordered home detention for O.A. under section 985.255(l)(f), Florida Statutes....

...trial court classified the charged crime of robbery by sudden snatching as a “violent third-degree felony” resulting in an enhanced detention-status score for O.A.1 Based on O.A.’s detention-status score, the trial judge ordered home detention for O.A. under section 985.255(1)(f), Florida Statutes. 1 The record reflects that the trial court relied on a written schedule prepared by Florida’s Department of Juvenile Justice which, for the purpose of detention-status scoring, delineates which crimes are...

...that the trial court did not enter any written findings otherwise justifying secure detention. Generally, determinations regarding placement of a minor in secure detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255 permits the court to otherwise order secure detention based upon *746 written findings. See § 985.255, Fla....

...(2023) (expressly requiring written findings of fact in contested dissolution action addressing distribution of assets and liabilities); § 61.30(1)(a), Fla. Stat. (2023) (expressly requiring written findings when trier of fact orders payment of child support that varies more than five percent from guideline amounts); § 985.255(2), (3)(b), Fla....

...trial court did not enter any written findings otherwise justifying secure detention. Generally, determinations regarding placement of a minor in secure detention are based on the risk assessment. § 985.245(1), Fla. Stat. (2016). However, section 985.255 permits the court to otherwise order secure detention based upon written findings. See § 985.255, Fla....

...The juvenile demonstrated an entitlement to immediate release in that secure detention was not authorized by the statute under the circumstances of this ease. The juvenile detention statute does not authorize a court to order secure detention of a juvenile based merely on a violation of pre-adjudication home detention. See § 985.255, Fla. Stat. (2012) (setting forth detention criteria). Section 985.255(l)(a) pertains to a juvenile alleged to be an escapee from a residential commitment program, or alleged to be an absconder from a nonresidential program or post-adjudication community supervision. That section does not apply to the pre-adjudication home detention. Further, the court’s detention decision must be based on the results of a risk assessment instrument (“RAI”) and on the criteria of subsection (1). § 985.255(3)(a), Fla....

...It does not create an independent basis for a trial court to order secure detention. If a juvenile is transferred to secure detention under this provision, the court must conduct a detention hearing and comply with the requirements and criteria of section 985.255, Florida Statutes....

...(“Nothing in this subsection shall be construed to allow the detention of a child who does not meet the detention criteria in part V.”). Here, the child did not score sufficient points on the RAI for secure detention, and the court did not provide clear and convincing written reasons for departing from the RAI. § 985.255(3)(b), Fla....

...was not available; and (3) secure detention was necessary to protect the victim from injury. Those reasons can justify secure detention for a juvenile who does not otherwise qualify “if the court makes specific written findings” of those facts. § 985.255(2), Fla....

...However, the court’s order did not include such specific written findings. “If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255(3)(b), Fla....

...sons for such placement, we are required to grant the petition for writ of habeas corpus. We direct the court, by 5:00 p.m. on the second business day following the date of issuance of this opinion, either to enter a written order in accordance with section 985.255 or order A.D.’s release from secure detention....

...Housel, 10 So.3d 694, 695 (Fla. 1st DCA 2009) (granting petition for writ of habeas corpus and directing circuit court, by 5:00 p.m. on the second business day following the date of issuance of the opinion, either to enter a written order in accordance with section 985.255 or order the juvenile’s release from secure detention)....

...by statute. Z.B. v. Department of Juvenile Justice, 938 So.2d 584 (Fla. 1st DCA 2006). Juvenile detention determinations involve a two-step process. If a juvenile qualifies for detention under the “admission criteria” of the RAJ and subsections 985.255(l)(a) through (j), Florida Statutes, the inquiry proceeds to the tallying of points for various factors to yield a “risk assessment,” and the RAI score must establish a need for detention. Among the admission criteria set forth in subsections 985.255(l)(a) through (j), the only one applicable to petitioner is (h) which authorizes detention if a child is alleged to have violated the conditions of probation....

...nt it is alleged he violated the conditions of his probation, the most restrictive forms of detention which could lawfully be imposed under the circumstances were placement in a consequence unit or home detention with electronic monitoring. Although section 985.255(3) (b) allows a placement more restrictive than that indicated by the RAI if supported by a written statement of clear and convincing reasons, this does not authorize the court to impose a form of detention more restrictive than the “statutory maximum” in this situation....

...We also do not restrict the court’s contempt power set forth in section 985.037, Florida Statutes. Finally, we address the problem arising in this ease where neither a consequence unit nor electronic monitoring for home detention, the two forms of detention prescribed by section 985.255(l)(h), Florida Statutes, is available within the court’s geographic jurisdiction....

...The Committee stated that its position was that the criteria for determining whether probable cause exists to detain a child is circumscribed by statute and that those criteria do not include a child’s mental condition or need for substance abuse evaluation or treatment. § 985.255, Fla....

...That hearing resulted in secure detention being ordered by the trial court, without any explanation for such detention. The child scored “zero” on the detention risk assessment instrument prepared by the Department of Juvenile Justice. Florida Statute Section 985.255(3)(b) states, “[i]f the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.” No such findings were made in this case, in violation of the statute....

...That hearing resulted in secure detention being ordered by the trial court, without any explanation for such detention. The child scored "zero" on the detention risk assessment instrument prepared by the Department of Juvenile Justice. Florida Statute Section 985.255(3)(b) states, "[i]f the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement." No such findings were made in this case, in violation of the statute....

...The Florida Bar’s Juvenile Court Rules Committee (Committee) has filed a report proposing amendments to Florida Rule of Juvenile Procedure 8.013 (Detention Petition and Order). 1 The Committee proposes amending rule 8.013 to include the requirements in section 985.255(2), Florida Statutes (2022), and to improve clarity in accord with In re Guidelines for Rules Submissions, Florida Administrative Order No....

...throughout the rule, except in subdivision (a), where “shall” is replaced with “may” because it is more appropriate in the context of the sentence. In addition, new subdivision (e)(6) is added to clarify the requirement that pursuant to section 985.255(2), if a child is being detained on an offense that is classified as an act of domestic violence for 48 hours as provided by law, the detention order must include specific written findings that respite care for the child is not av...

or in nonsecure detention in accordance with § 985.255(1)(h), Fla. Stat. (2018). See RAP, v. Parkins

or in nonsecure detention in accordance with § 985.255(1)(h), Fla. Stat. (2018). See RAP, v. Parkins

...her than home confinement while she awaits her delinquency hearing that is scheduled for June 5, 2018.1 We grant the petition, in part, so that the trial court may correct the erroneous RAI scoring. However, we otherwise deny the petition because section 985.255(1)(e), Florida Statutes (2018), allows the trial court to order continued secure detention when, as here, the child is charged with the illegal possession of a firearm....

...However, our analysis does not end here. A trial court can consider whether a statutory exception exists so that the nature of a child’s placement or detention would not be determined by the RAI score. Specifically, as the State has argued to this court, sections 985.255(1) and (1)(e) provide that the trial court may order continued secure detention if the child is charged with illegal possession of a firearm. § 985.255(1)(e), Fla....

...Thus, the court on remand could properly impose secure detention based on that section. However, “[i]f the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255(3)(b), Fla. Stat. For the reasons set forth above, we grant the petition in part and deny it in part. The trial court shall hold a further detention hearing, not later than June 4, 2018, for the purpose of properly recalculating A.B.’s RAI as eleven points. At that detention hearing, the trial court shall also consider whether secure detention is appropriate for A.B. based upon section 985.255(1)(e), and if so, it shall enter an appropriate written order....

PER CURIAM. S.M., a juvenile, petitions for a writ of habeas corpus seeking release from home detention pending a violation of probation hearing. We grant the petition, finding that section 985.255(l)(h), Florida Statutes (2011), does not permit home detention without a qualifying risk assessment score....

...The detention of juveniles is governed entirely by statute and strict compliance is required. Z.B. v. Dep’t of Juvenile Justice, 938 So.2d 584, 585 (Fla. 1st DCA 2006). The court failed to follow the statutory procedures and in these circumstances could not order detention absent a qualifying RAI score. § 985.255(3)(a), Fla....

...iteria in subsection (1), shall determine the need for continued detention.”); A.S. v. Byrd, 777 So.2d 1171, 1172-73 (Fla. 4th DCA 2001) (quashing a home detention order because no RAI was prepared). An RAI score of zero does not permit detention. Section 985.255(l)(h) does not require mandatory home detention with electronic monitoring for all juveniles charged with violating probation. This section permits a court to continue detention required by the juvenile probation officer during intake. § 985.255(1), Fla....

...secure detention care prior to a detention hearing may continue to be detained by the court if ... ”). During intake, the juvenile probation officer may not require detention unless authorized by the RAI. § 985.25(l)(b), Fla. Stat. (2011). Thus, section 985.255(l)(h) presupposes the existence of a qualifying RAI score before a court may continue detention....

...oughout the state on a standardized document known as a Risk Assessment Instrument ("RAI"). Juvenile detention determinations involve a two-step process. If a juvenile qualifies for detention under the "admission criteria" of the RAI and subsections 985.255(1)(a) through (j), the inquiry proceeds to the tallying of points for various factors to yield a "risk assessment," and the RAI score must establish a need for detention....

...The circuit court continued petitioner's detention for almost a month while awaiting a new predisposition report. Petitioner's parents refused to pick her up from detention and the circuit court found that there were no other viable options for her placement. Section 985.255(1) provides that a child placed on home detention may continue to be detained if the child is alleged to be an escapee from a nonresidential commitment program, a probation program or conditional release supervision....

...Dep't of Juvenile Justice, 938 So.2d 584, 585 (Fla. 1st DCA 2006). In a similar circumstance, this court noted that Juvenile detention is a matter that is controlled by legislation. It is not for us, as judges, to question the wisdom of the legislation. Rather, our task is simply to carry it out. Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency case....

..., J. J.S., a juvenile, appeals an order of indirect criminal contempt stemming from a delinquency proceeding. On January 16, 2007, J.S. was arrested and detained for battery upon his younger brother. Detention for such an offense is authorized under section 985.255(l)(d), Florida Statutes (2006)....

...Although the trial court may have had meritorious reasons for keeping K.P. in secure detention for five days regardless of the recommendation of the risk assessment instrument, as the State properly concedes, the trial court failed to state clear and convincing reasons for a more restrictive placement, as required under section 985.255(3)(b), Florida Statutes (2007)....

...Based on the facts presented at the probable cause determination hearing, it was not met here. At the detention hearing, the trial court must first determine whether probable cause exists, and if so, whether other statutory needs of detention exist. Fla. R. Juv. P. 8.010(h); § 985.255(3)(a), Fla....

...e or home detention is the appropriate placement for A.M. However, the State contends that the correct RAI score of 10 is irrelevant, and that A.M.’s continued secure detention is legal, based upon the involvement of a firearm. The State relies on section 985.255(l)(f), Florida Statutes (2008), which provides that a child’s continued secure detention is appropriate where: The child is charged with a capital felony, a life felony, a felony of the first degree, a felony of the second degree th...

...on of chapter 893, or a felony of the third degree that is also a crime of violence, including any such offense involving the use or possession of a firearm. While this is true, the statute also provides that where a juvenile is detained pursuant to section 985.255(1), at the mandatory detention hearing where the need for continued detention is determined: “Unless a child is detained under paragraph (l)(d) or paragraph (l)(e), the court shall use the results of the risk assessment performed by the juvenile probation officer and, based on the criteria in subsection (1), shall determine the need for continued detention.” § 985.255(3)(a), Fla. Stat. (2008) (emphasis added). A.M. was not detained under paragraph (l)(d) or paragraph (l)(e) of section 985.255, he was detained under paragraph (l)(f)....

...should continue in secure detention. Furthermore, as the State has apparently conceded, A.M.’s RAI was incorrectly scored, and should have been 10 — indicating non-secure or home detention. However, paragraph (3)(a) does not end this Court’s analysis. Section 985.255 provides a legal basis for the continued secure detention of a respondent in A.M.’s situation: “If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255(3)(b), Fla....

...ing hearings each forty-eight-hour period of the detention. We denied the petition on April 24, 2007. The petitioner then filed a motion for clarification. We grant the petitioner's motion for clarification and write to clarify our interpretation of section 985.255(2), Florida Statutes (2007)....

...ains in secure detention, the enactment applied to all subsequent amendments to the procedures for holding a child charged with domestic violence in secure detention. When the petitioner in this proceeding was charged with domestic violence battery, section 985.255(2) was in effect. Because the text of section 985.255(2) is identical to the text that was found in section 985.213(2), [1] it maintains the legislative intent of requiring written findings at a hearing to be held within forty-eight hours of a child's placement in secure detention but do...

...NOTES [1] In the 2006 legislative session, section 985.213(2) was renumbered as section 985.245. See ch. 06-120, § 32, Laws of Fla. (effective Jan. 1, 2007). The portion of the text in section 985.213(2)(b)(3) that relates to the issue in this proceeding was removed from section 985.245 and was transferred to section 985.255(2), a newly created statute....

...Medley, Assistant Attorney General, West Palm Beach, for respondent. PER CURIAM. T.M., a child, petitions this court for a writ of habeas corpus, alleging that he has been illegally detained in secure detention. T.M. takes issue with the court's finding that he is an "absconder." See § 985.255(1)(a), Fla....

PER CURIAM. T.M., a child, petitions this court for a writ of habeas corpus, alleging that he has been illegally detained in secure detention. T.M. takes issue with the court’s finding that he is an “absconder.” See § 985.255(1)(a), Fla....

...Generally, decisions regarding whether to place a child in detention care must be based on a risk assessment of the child. § 985.245(1), Fla. Stat. (2007). A court may order a more restrictive placement, but if it does, “the court shall state, in writing, clear and convincing reasons for such placement.” § 985.255(3)(b)....

...did not meet the criteria for secure detention on her risk assessment instrument, and that the trial court did not provide written reasons for a more restrictive placement. It asks this court to remand for the trial court to render a written order in accordance with section 985.255....

...In each case, defense counsel “objeet[ed] for the record,” but did not state any specific objection to the circuit court’s ruling. Petitioners then sought relief from this court, arguing that their detention was illegal because the circuit court failed to comply with section 985.255(3)(b), which requires the court to “state, in writing, clear and convincing reasons” for ordering a detention placement more restrictive than that indicated by the risk assessment instrument....

court shall hold a second hearing pursuant to section 985.255(3)(a), Florida Statutes, "to determine the

...line III.E. of the RAI shall be corrected to reflect zero points. Any other scoring error may be corrected at that time. If Petitioner does not score sufficient points under the corrected RAI and no other criteria for detention is found pursuant to section 985.255, Florida Statutes (2010), Petitioner shall be released to nonsecure detention or home detention....

court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes. At this hearing

...When the State filed its delinquency petition, S.F. was also the subject of a dependency case pursuant to chapter 39 of the Florida Statutes (lower tribunal case number D18-15129). On February 15, 2018, the trial court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes....

...lief. (3D18-963). 2 A pick-up order is an order entered by a trial court to take a juvenile into custody when that juvenile has failed to appear for a scheduled delinquency hearing. See A.K. v. Dobular, 951 So. 2d 989, 991 (Fla. 3d DCA 2007). 3 Section 985.255 sets forth juvenile detention criteria. S.F. was charged with committing an offense involving domestic violence (section 985.255(1)(d)) and had failed to appear for an adjudicatory hearing (section 985.255(1)(i))....

...was arrested for this crime on October 4, 2017, but the record is unclear as to whether the Department of Juvenile Justice (“DJJ”) took custody of him and placed him in detention care, and whether N.A. received a hearing within twenty-four hours of being taken into custody. See §§ 985.25(1), 985.255(1), Fla....

...Assuming DJJ’s initial risk assessment establishes grounds for “detention care” for the juvenile, a detention hearing must follow within twenty-four hours of the child being placed in custody in order to determine whether continued detention is warranted. § 985.255(1), Fla. Stat. (2017). At this hearing, the trial court must consider DJJ’s risk assessment and, subject to the statute’s requisites, determine whether continued detention is appropriate. § 985.255(3). We find that three specific provisions of section 985.255 were relevant in the course of S.F. and N.A.’s cases. First, section 985.255(1)(g)10 authorizes continued detention care if the juvenile is 9 We note that S.F....

...At the hearing, the court may order continued detention if: .... 13 charged with a second or third degree felony and is awaiting final disposition of his or her case. Second, section 985.255(1)(i) authorizes continued detention care if the juvenile has been detained on a pick-up order after willfully failing to appear.11 Finally, although not applied below with respect to S.F., sections 985.255(1)(d) and (g) The child is charged with any second degree or third degree felony involving a violation of chapter 893 or any third degree felony that is not also a crime of violence, and the child: 1....

...Has already been detained or has been released and is awaiting final disposition of the case; 4. Has a record of violent conduct resulting in physical injury to others; or 5. Is found to have been in possession of a firearm. § 985.255(1)(g), Fla. Stat. (2017). 11 In relevant part, section 985.255(1)(i) provides as follows: (1) Subject to s....

...For an adjudicatory hearing on the same case regardless of the results of the risk assessment instrument; or 2. At two or more court hearings of any nature on the same case regardless of the results of the risk assessment instrument. § 985.255(1)(i), Fla....

...argue that, under this statutory scheme, detention care may be imposed only when the child initially is taken into custody, and therefore, the trial court lacked specific statutory authority to enter subsequent do not run orders as to them. We disagree. Section 985.255(1)(i) specifically authorizes the juvenile court to order “continued detention” if the child is detained on a judicial order for failure to appear and has previously failed to appear....

...In essence, the detention process re- commences as the product of an executed pick-up order. Both S.F. and N.A. were taken into custody and detained on pick-up orders for failure to appear at a court proceeding. Consequently, the trial court was authorized to order “continued detention” of S.F. and N.A. under section 985.255(1)(i)....

...to a friend’s home), and then exercised its further discretion to maintain an aspect of nonsecure detention by imposing the subject do not run orders. Once S.F. and N.A. were in detention, the trial court had the authority to impose 15 continued detention under section 985.255(1) and the do not run orders under the “other requirements” language of section 985.03(18)(b). We, therefore, conclude that the trial court had specific statutory authorization to enter the do not run orders in these cases....

court conducted a hearing in accordance with section 985.255(1) of the Florida Statutes. At this hearing

...Procedure as proposed by the Committee, with a few minor modifications. The significant amendments are discussed below. First, a new subdivision (d) is added to rule 8.013. This new subdivision articulates procedures relating to subsections (g) and (h) of section 985.255(1), Florida Statutes (2024), which were enacted by chapter 2024-130, § 10, Laws of Florida. Specifically, new subdivision (d) states the procedure for filing a motion to release a juvenile for whom probable cause was found for one or more of the offenses listed in section 985.255, Florida Statutes, and it articulates the required contents of an order releasing a child from secure detention....

...Under the Committee’s proposed language, on releasing a child from secure detention, the court “must state in writing the reasons that the child is not a present risk to public safety or a danger to the community.” To align with -2- the language of section 985.255(1)(h), we modify this language to instead provide that the court “must state in writing the reasons why the child does not present a risk to public safety or a danger to the community.” Next, we amend form 8.929 to incorporate the recent legislative changes to chapter 985, Florida Statutes. See ch. 2024- 130, Laws of Fla. The amendments to form 8.929 add several entries to the form, including entries reflecting that sections 985.25, 985.255, and 985.439 now specify mandatory punishments for certain offenses (including firearm offenses), allow electronic monitoring to be imposed for probation violations, and require that youths arrested for certain electronic monitoring violat...

...Reasonable notice must be provided to the opposing party. (2) [No Change] (d) Additional Requirement for Designated Offenses. (1) All motions to release a juvenile for whom probable cause was found for one or more of the offenses listed in section 985.255, Florida Statutes, if made after the initial detention hearing, must be in writing and filed with the court....

...Meets detention criteria for being a Prolific Juvenile Offender. IT IS ORDERED that the above-named child be: ..... released to the custody of .....(name)...... ..... held in secure detention for domestic violence charge under section 985.245985.255, Florida Statutes. The court finds: ........

...1 Petitioners argue that they were arrested and jailed upon unlawful orders and that the harm to them will be compounded as the failure to appear is memorialized in their juvenile record and assessed as a risk factor, which adds points toward a threshold that will determine whether they are jailed in future proceedings. See § 985.255(l)(g)(l) Fla....

...If her RAI showed a score of twelve or more points, then she qualified for secure detention, see J.L.T. v. Dep't of Juvenile Justice, 104 So. 3d 1257, 1258-59 (Fla. 2d DCA 2013), and because she violated her probation she qualified for home detention regardless of her RAI score, see § 985.255(1)(h); see also S.M., 131 So....

...nstrument (RAI) score of zero. The trial court did not give written reasons for ordering N.S.'s more restrictive placement. A trial court is required to provide written reasons if it orders a more restrictive placement than indicated by the RAI. See § 985.255(2), (3)(b), Fla....

...tion contrary to law. The petition alleges that the facts surrounding M.F.'s detention are no different from our opinion in C.B. v. Dobuler, 997 So.2d 463 (Fla. 3d DCA 2008). The statutory authority for holding M.F. in secure detention emanates from section 985.255(1)(i), Florida Statutes (2009), which limits to seventy-two hours the power to hold a juvenile after quashing a pick-up order....

...We write, however, to remind the new judges in the juvenile division that while we recognize that they may be acting from the best of motives, we all must follow legislative mandates. It is not for us, as judges, to question the wisdom of the legislation. Rather, our task is simply to carry it out. Section 985.255 establishes the criteria for detaining a child, pending the outcome of a juvenile delinquency case....