Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

data.robertlathamesq.org · All tools

Before you use this site

This site aggregates legal authorities from a variety of public sources. It is AI and human reviewed. Text processing errors can occur. Always check the information here against the official linked source.

This site is publicly available. Use for general research only. Do not submit confidential or identifiable case information.

I don't agree: show the official sources

W.Y. v. State414 So. 2d 659 (Fla. 1st DCA 1982) · 1DAJ-392

Court
1st DCA
Decided
1982-06-04
On CourtListener
414 So.2d 659 (1982)

W.Y., a Child, Appellant,
v.
STATE of Florida, Appellee.

No. AJ-392.

District Court of Appeal of Florida, First District.

June 4, 1982.

Michael Allen, Public Defender, Glenna Joyce Reeves, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Gregory C. Smith, Asst. Atty. Gen., for appellee.

MILLS, Judge.

W.Y. appeals an order committing him to the care of the Department of Health and Rehabilitative Services (HRS). We reverse.

The sole error urged by W.Y. is that the trial court did not comply with Section 39.09(3)(e), Florida Statutes (1981), by not ranking the three placement alternatives for him suggested by HRS. Instead, the order lists one option, halfway house, as all three priorities. Recently, this court held that this statute is mandatory, reversing an order listing a placement option not provided by HRS. See L.J.N. v. State, 411 So.2d 1349 (Fla. 1st DCA, 1982). The statute is mandatory when applied to the facts of this case as well.

The ranking of placement options is reversed and the cause is remanded so that the court may rank the options given it.

McCORD, J., and PEARSON, TILLMAN (Ret.), Associate Judge, concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.