Florida Statutes

Fla. Stat. § 985.27 (2025)

Postdisposition detention while awaiting residential commitment placement.

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985.27 Postdisposition detention while awaiting residential commitment placement.—The court must place all children who are adjudicated and awaiting placement in a moderate-risk, high-risk, or maximum-risk residential commitment program in secure detention care until the placement or commitment is accomplished.

History.—s. 5, ch. 90-208; s. 31, ch. 94-209; s. 42, ch. 95-267; s. 5, ch. 96-398; s. 23, ch. 97-238; s. 13, ch. 98-207; s. 9, ch. 2000-134; s. 5, ch. 2000-327; s. 19, ch. 2001-125; s. 4, ch. 2005-263; s. 37, ch. 2006-120; s. 20, ch. 2014-162; s. 6, ch. 2017-164; s. 15, ch. 2024-133.

Note.—Former s. 39.044(10)(a)-(d); s. 985.215(10)(a)-(d), (f).

Notes of Decisions

Cited in 14 cases, 2007–2017 · leading case: M. M., A Child v. Cody Wood, Superintendent Leon Reg'l etc., 152 So. 3d 1280 (Fla. 1st DCA 2015).

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M. M., A Child v. Cody Wood, Superintendent Leon Reg'l etc., 152 So. 3d 1280 (Fla. 1st DCA 2015). · cites it 4× “She argues that pursuant to section 985.27(l)(a), Florida Statutes (2014), a child such as her who is placed in secure detention awaiting placement in a nonse-cure residential program “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays.”

A.M. v. State, 147 So. 3d 98 (Fla. 3d DCA 2014). · cites it 2× “215(10)(c) was renumbered to section 985.27, Florida Statutes. . At a detention hearing, the court is required, in part, to determine "the existence of probable cause to believe the child has committed a delinquent act.”

K.P. v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007). · cites it 3× “” Additionally, section 985.27(l)(b), Florida Statutes (2007), which pertains specifically to po-stcommitment detention, provides, “A child *1231 who is awaiting placement in a moderate-risk residential program must be removed from detention within 5 days.”

V.P. v. State, 72 So. 3d 788 (Fla. 4th DCA 2011). · cites it 12× “The Present Statute The present version of the statute is now found in section 985.27, Florida Statutes, and is titled “Postcommitment detention while awaiting placement.”

J.T.F. v. Housel, 37 So. 3d 279 (Fla. 4th DCA 2010). · cites it 5× “He claims the court impermissibly stacked his detention in violation of section 985.27(l)(b), Florida Statutes (2007).”

KP v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007). · cites it 3× “" Additionally, section 985.27(1)(b), Florida Statutes (2007), which pertains specifically to postcommitment detention, provides, "A child *1231 who is awaiting placement in a moderaterisk residential program must be removed from detention within 5 days.”

G.M. v. Florida Dep't of Juv. Just., 144 So. 3d 687 (Fla. 1st DCA 2014). · cites it 4× “The petition for writ of habeas corpus argued that petitioner had been detained longer than the 15-day maximum post-commitment detention allowed under section 985.27(l)(a), Florida Statutes (2014).”

N.L. v. State (Fla. 5th DCA 2016). · cites it 2× “” § 985.27(1)(a), Fla. Stat. (2016). The Department of Children and Families may seek an order authorizing extended secure detention, up to 15 days after entry of the commitment order.”

N.L. v. State, 205 So. 3d 880 (Fla. 5th DCA 2016). · cites it 2× “” § 985.27(l)(a), Fla. Stat. (2016). The Department of Children and Families may seek an order authorizing extended secure detention, up to 16 days after entry of the commitment order.”

Q.B. v. State, 225 So. 3d 954 (Fla. 5th DCA 2017). · cites it 2× “The record indicates that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27(l)(a), Florida Statutes (2017).”

C.J.T. v. State, 139 So. 3d 983 (Fla. 4th DCA 2014). · cites it 3× “When read in conjunction with section 985.27(1)(b) (“Postcommitment detention while awaiting placement”), 1 it appears that section 985.”

A.P. v. Housel, 126 So. 3d 1182 (Fla. 4th DCA 2012). · cites it 2× “See § 985.27, Fla. Stat. (2012). The child initially scored eleven points on the risk assessment instrument (RAI), which is insufficient to qualify for secure detention.”

Show all 14 citing cases →

— 985.27(1) — 2 cases

V.P. v. State, 72 So. 3d 788 (Fla. 4th DCA 2011). “The Present Statute The present version of the statute is now found in section 985.27, Florida Statutes, and is titled “Postcommitment detention while awaiting placement.”

S.W. v. State, Dep't of Juv. Just., 987 So. 2d 173 (Fla. 4th DCA 2008).

— 985.27(1)(a) — 2 cases

N.L. v. State (Fla. 5th DCA 2016). “” § 985.27(1)(a), Fla. Stat. (2016). The Department of Children and Families may seek an order authorizing extended secure detention, up to 15 days after entry of the commitment order.”

Q.B. v. State (Fla. 5th DCA 2017).

— 985.27(1)(b) — 2 cases

KP v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007). “" Additionally, section 985.27(1)(b), Florida Statutes (2007), which pertains specifically to postcommitment detention, provides, "A child *1231 who is awaiting placement in a moderaterisk residential program must be removed from detention within 5 days.”

C.J.T. v. State, 139 So. 3d 983 (Fla. 4th DCA 2014). “When read in conjunction with section 985.27(1)(b) (“Postcommitment detention while awaiting placement”), 1 it appears that section 985.”

— 985.27(1)(c) — 1 case

C.J.T. v. State, 139 So. 3d 983 (Fla. 4th DCA 2014). “When read in conjunction with section 985.27(1)(b) (“Postcommitment detention while awaiting placement”), 1 it appears that section 985.”

— 985.27(l)(a) — 4 cases

M. M., A Child v. Cody Wood, Superintendent Leon Reg'l etc., 152 So. 3d 1280 (Fla. 1st DCA 2015). “She argues that pursuant to section 985.27(l)(a), Florida Statutes (2014), a child such as her who is placed in secure detention awaiting placement in a nonse-cure residential program “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays.”

G.M. v. Florida Dep't of Juv. Just., 144 So. 3d 687 (Fla. 1st DCA 2014). “The petition for writ of habeas corpus argued that petitioner had been detained longer than the 15-day maximum post-commitment detention allowed under section 985.27(l)(a), Florida Statutes (2014).”

N.L. v. State, 205 So. 3d 880 (Fla. 5th DCA 2016). “” § 985.27(l)(a), Fla. Stat. (2016). The Department of Children and Families may seek an order authorizing extended secure detention, up to 16 days after entry of the commitment order.”

Q.B. v. State, 225 So. 3d 954 (Fla. 5th DCA 2017). “The record indicates that as of August 15, 2017, Petitioner has been held beyond the fifteen-day limit provided in section 985.27(l)(a), Florida Statutes (2017).”

— 985.27(l)(b) — 3 cases

K.P. v. State, 952 So. 2d 1229 (Fla. 5th DCA 2007). “” Additionally, section 985.27(l)(b), Florida Statutes (2007), which pertains specifically to po-stcommitment detention, provides, “A child *1231 who is awaiting placement in a moderate-risk residential program must be removed from detention within 5 days.”

J.T.F. v. Housel, 37 So. 3d 279 (Fla. 4th DCA 2010). “He claims the court impermissibly stacked his detention in violation of section 985.27(l)(b), Florida Statutes (2007).”

— 985.27(l)(c) — 1 case

S.W. v. State, Dep't of Juv. Just., 987 So. 2d 173 (Fla. 4th DCA 2008).

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