Dependency Law Finder

1. R.B.S. v. Capri 384 So. 2d 692 · 3D80-817 · 3rd DCA 1980

   This opinion cites § 39.032 17 times, the section generally

   · cited by 12 in all courts

   …court order respecting detention. [4] Presumably, one of the purposes of convening on March 26 was to conduct the detention hearing mandated by Section 39.032(2), Florida Statutes (1979): "... A child who is charged with a violation of law and is detained under this subsection shall be given a detention hearing…

2. D.B. v. State 544 So. 2d 1108 · 1D89-1091 · 1st DCA 1989

   This opinion cites § 39.032 6 times, the section generally

   …this court for a writ of habeas corpus, contending that the lower tribunal's determinations that he met the criteria for continued detention under § 39.032(3)(d)3, Fla. Stat. (Supp. 1988), were incorrect. We ordered respondent to show cause and directed petitioner to supply this court with the transcripts of any…

3. D.B. v. State 544 So. 2d 1108 · DCA89-1091 · District Court of Appeal 1989

   This opinion cites § 39.032 6 times, the section generally

   · cited by 8 in all courts

   …this court for a writ of habeas corpus, contending that the lower tribunal’s determinations that he met the criteria for continued detention under § 39.032(3)(d)3, Fla.Stat. (Supp.1988), were incorrect. We ordered respondent to show cause and directed petitioner to supply this court with the transcripts of any hearings…

4. E.W. v. Brown 559 So. 2d 712 · 1D90-696 · 1st DCA 1990

   This opinion cites § 39.032 4 times, the section generally

   · cited by 8 in all courts

   …was ordered to be detained for 21 days in secure detention only. On March 8, rather than commencing the adjudicatory hearing as required by Section 39.032(6)(b), Florida Statutes (1989), the state filed a motion for extension of detention. At the hearing on the motion for extension, the state contended its burden to…

5. C.L.B. v. Jones 381 So. 2d 1178 · 1DSS-409 · 1st DCA 1980

   This opinion cites § 39.032 4 times, the section generally

   · cited by 7 in all courts

   …against the Duval Regional Juvenile Detention Center, alleging that (1) petitioner was not afforded a detention hearing within 48 hours as required by §§ 39.032 and 959.15, Fla. Stat.; and (2) no evidence was presented at her untimely detention hearing, as required by § 39.032(2)(a-e) and Florida Rule of Juvenile…

6. Interest of D.G.H. v. Gnat 682 So. 2d 210 · 1D96-2884 · 1st DCA 1996

   This opinion cites § 39.032 3 times, the section generally

   · cited by 6 in all courts

   …authority in the judiciary to detain children, e.g., by allowing detentions to be used "[t]o protect the person or property of others or of the child." § 39.032(2)(a), Fla.Stat. (1979). For the past 15 years, however, the legislature has made substantial inroads into the courts' power to detain. For example, the 1981…

7. B.J.H. v. State 433 So. 2d 1007 · DCAAN-57TO59 · District Court of Appeal 1983

   This opinion cites § 39.032 3 times, the section generally

   · cited by 1 in all courts

   …been taken into custody after he ran away, and any further delay in commencement of the hearing would require appellant’s release from detention under Section 39.032(6)(b), Florida Statutes (1981). Based on appellant’s rather extensive prior record, he was justifiably considered a high runaway risk. When appellant’s counsel…

8. D.P. v. Capri 399 So. 2d 1030 · 3D81-1197 · 3rd DCA 1981

   This opinion cites § 39.032 3 times, the section generally

   · cited by 1 in all courts

   …petition for habeas corpus and ordered him released forthwith in the custody of his parents, because no such discretionary authority exists under Section 39.032(2), Florida Statutes (1980 Supp.). 1 According to the express prohibitory language of the statute, see Neal v. Bryant, 149 So.2d 529, 532 (Fla. 1962), a…

9. A.A. v. Rolle 604 So. 2d 813 · SC78142 · Florida Supreme Court 1992

   This opinion cites § 39.032 2 times, the section generally

   · cited by 33 in all courts

   …enumerated. More specifically, a delinquent child could only be placed in secure detention based on the risk assessment guidelines set forth in section 39.032, Florida Statutes (Supp. 1988). That assessment looked to whether the child was at risk of failing to appear at the detention hearing, was a danger to himself…

10. P.H. v. Fryer 570 So. 2d 1096 · 4D90-2714 · 4th DCA 1990

    This opinion cites § 39.032 2 times, the section generally

    · cited by 2 in all courts

    …motion for extention [sic] of detention beyond the statutory twenty-one (21) day maximum detention period before an adjudicatory hearing, provided by section 39.032(6)(d), Florida Statutes (1989). As detention began on September 15, 1990, this case predates The Florida Juvenile Justice Act, Chapter 90-208, effective October 1,…

11. B.G. v. Fryer 570 So. 2d 430 · 4D90-2320 · 4th DCA 1990

    This opinion cites § 39.032 2 times, the section generally

    · cited by 6 in all courts

    …of these petitioners. The governing provision of the Florida Juvenile Justice Act, which the judge clearly and consistently misconstrued, appears in section 39.032(6), Florida Statutes (1989), particularly subsections (6)(b) and (6)(d). (b) No child shall be held in nonsecure or secure detention care or a crisis home…

12. C.M.T. v. Department of Health & Rehabilitative Services 550 So. 2d 126 · 1D89-532 · 1st DCA 1989

    This opinion cites § 39.032 2 times, the section generally

    · cited by 11 in all courts

    …1178 (Fla. 1st DCA 1980). We have reviewed section 959.12 and determine that the statute does not permit discretion on the part of H.R.S. Although section 39.032(6)(c), Florida Statutes, does allow for a 15 day continuance after a juvenile has been adjudicated, in the case at bar a disposition hearing had already been held.…

13. J.F. v. Johnson 543 So. 2d 471 · DCA89-1277 · District Court of Appeal 1989

    This opinion cites § 39.032 2 times, the section generally

    · cited by 2 in all courts

    …it has become apparent that in this particular division of the Seventeenth Judicial Circuit, the court has been detaining children in contravention of section 39.032, Florida Statutes (1987). In the instant case, the respondent represented by the State concedes “that petitioner should be released from nonsecure detention”…

14. Dupes v. Department of Health & Rehabilitative Services 536 So. 2d 311 · 1DBR-426 · 1st DCA 1988

    This opinion cites § 39.032 2 times, the section generally

    · cited by 4 in all courts

    …by the department" found in other provisions of the statutory amendments was omitted from the amended version of section 39.11. See, e.g., sections 39.032(7), 39.402(13), 39.422(7), Florida Statutes (1986 Supp.). We are persuaded that this inconsistency was inadvertent, rather than intentional. We reiterate,…

15. Schall v. Martin 467 U.S. 253 · US467-253 · U.S. Supreme Court 1984

    Reversed This opinion cites § 39.032 2 times, the section generally

    · cited by 675 in all courts

    Supreme Court upheld New York's pretrial preventive detention of accused juvenile delinquents, finding a legitimate state purpose and adequate procedural protections under the Due Process Clause.

    … Colo. Rev. Stat. § 19-2-102 (Supp. 1983); Conn. Gen. Stat. §46b-131 (Supp. 1984); Del. Fam. Ct. Rule 60 (1981); D. C. Code §16-2310 (1981); Fla. Stat. §39.032 (Supp. 1984); Ga. Code Ann. §15-11-19 (1982); Haw. Rev. Stat. §571-31.1 (Supp. 1984); Idaho Code §16-1811 (Supp. 1983); Ill. Rev. Stat., ch. 37, §703-4…

16. Schwarz v. Nourse 390 So. 2d 389 · 4D80-1426 · 4th DCA 1980

    This opinion cites § 39.032 2 times, the section generally

    · cited by 5 in all courts

    … ORDERED AND ADJUDGED that pursuant to the inherent authority of this Court [1] and pursuant to the words "UNLESS OTHERWISE ORDERED BY THE COURT" (F.S. 39.032(2) set out in the new statute, this Court "IS OTHERWISE ORDERING" that henceforth all juveniles caught in the act of or arrested for committing any serious…

17. State ex rel. Register v. Safer 368 So. 2d 620 · 1DMM-374 · 1st DCA 1979

    This opinion cites § 39.032 2 times, the section generally

    · cited by 19 in all courts

    …he was taken to the Duval Regional Detention Center. He appeared before the Juvenile Court on October 27, 1978 and was ordered detained pursuant to Section 39.032 Florida Statutes. Gerald Dennis Register remained in secure detention at the Duval Regional Detention Center, without opportunity for bond, until *622 …

18. Department of Health & Rehabilitative Services v. State 599 So. 2d 123 · 5D91-2269TO91-2273 · 5th DCA 1992

    This opinion cites § 39.032 1 time, the section generally

    · cited by 6 in all courts

    …Juvenile Justice Act, the statute contemplates *127 a juvenile might be placed in detention based either on an allegation, or a finding, of contempt. § 39.032(5)(c), Fla. Stat. (1989). Compare § 39.01(9), Fla. Stat. (1989). The new contempt provision, section 39.044(10), Florida Statutes (1991) expressly provides that…

19. In re Petition of Florida Bar 589 So. 2d 818 · SC76669 · Florida Supreme Court 1991

    This opinion cites § 39.032 1 time, the section generally

    · cited by 12 in all courts

    …a serious or habitual juvenile offender without allowing reasonable time for preparation of a response on behalf of the child. Committee Note: (c) Section 39.032(3)(e)5, Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule extends this…

20. S.Y. v. McMillan 563 So. 2d 807 · 1D89-3313 · 1st DCA 1990

    This opinion cites § 39.032 1 time, the section generally

    · cited by 8 in all courts

    …criteria. Under the order entered below, the use of shackles during court appearances is limited to juveniles who are being detained pursuant to Section 39.032, Florida Statutes. The criteria for secure detention is narrow and a juvenile who is detained has already been determined to meet that criteria. We note that…

21. D.M. v. Korda 562 So. 2d 407 · DCA90-0988 · District Court of Appeal 1990

    This opinion cites § 39.032 1 time, the section generally

    …DCA 1989), this court noted a continued pattern of this particular division of the Seventeenth Judicial Circuit to detain children in contravention of section 39.032, Florida Statutes (1987). Unfortunately, for reasons beyond our comprehension, and despite this court’s opinions in J.F. and in P.R. v. Johnson, 541…

22. R.C. v. Fryer 561 So. 2d 31 · DCA90-1008 · District Court of Appeal 1990

    This opinion cites § 39.032 1 time, the section generally

    …but issuance of the actual writ shall be withheld for the reason that petitioner is no longer being held in secure detention under the provisions of section 39.032, Florida Statutes. We also sua sponte strike The Honorable Lawrence L. Korda as a named respondent, and substitute as the proper party respondent Ron Fryer,…

23. L.J. v. Fryer 565 So. 2d 713 · DCA90-1128 · District Court of Appeal 1990

    This opinion cites § 39.032 1 time, the section generally

    · cited by 2 in all courts

    …with this opinion to follow. Petitioner L.J., a juvenile, was held in secure detention for more than fifty (50) days, well beyond the provisions of section 39.032(6), Florida Statutes (1989). Subsection (6)(b) provides for a maximum detention period of twenty-one (21) days unless an adjudicatory hearing has been commenced.…

24. Ervin v. State 561 So. 2d 423 · 3D89-629 · 3rd DCA 1990

    This opinion cites § 39.032 1 time, the section generally

    · cited by 4 in all courts

    …handled in the juvenile system. Ervin was not out on bond, but was free because he did not *425 meet the statutory criteria for detention under section 39.032, Florida Statutes (1987). Cf. Crook v. State, 559 So.2d 95 (Fla. 5th DCA 1990). Accordingly, since neither reason for departure is valid, on remand…

25. In Interest of B.A. 546 So. 2d 125 · 1D89-580 · 1st DCA 1989

    This opinion cites § 39.032 1 time, the section generally

    · cited by 8 in all courts

    …withholding adjudication of delinquency, and placing him on community control. We affirm. Appellant has not challenged his placement, pursuant to section 39.032, Florida Statutes, in secure detention for approximately 38 days pending disposition of his case. He cites error only in the trial court's denial of his…

26. P.R. v. Johnson 541 So. 2d 791 · 4D89-0536 · 4th DCA 1989

    This opinion cites § 39.032 1 time, the section generally

    · cited by 8 in all courts

    …of Broward Regional Juvenile Detention Center, argues that the court correctly continued petitioner's detention, albeit on a lower "level," based on section 39.032(6), Florida Statutes (1987). The two pertinent provisions of this statute are subsections (6)(b) and (6)(d). (b) No child shall be held in nonsecure or secure…

27. Boynton v. State 473 So. 2d 703 · 4D84-40 · 4th DCA 1985

    This opinion cites § 39.032 1 time, the section generally

    · cited by 47 in all courts

    …3d DCA 1980), in discussing various requirements of the Florida Juvenile Justice Act, Chapter 39, Florida Statutes (1979), the court stated: First, Section 39.032(5)(a) mandates that the order entered "state the reasons for such findings of the court." The written order entered by the trial judge contained neither a finding…

28. J.B. v. Lumpee 450 So. 2d 1286 · DCA84-588 · District Court of Appeal 1984

    This opinion cites § 39.032 1 time, the section generally

    · cited by 3 in all courts

    …petitioner is held in secure detention under an extension order of the Circuit Court entered on March 20, 1984, pursuant to the authority granted in Chapter 39.032(6)(d), Florida Statutes (1983). It further appears from the record of the Circuit Court proceedings that there was no competent evidence upon which the court…

29. State v. Cartwright 448 So. 2d 1049 · 4D83-614 · 4th DCA 1984

    This opinion cites § 39.032 1 time, the section generally

    · cited by 8 in all courts

    …of Juvenile Procedure. The statute in question provides, in pertinent part: (3) If the person taking the child into custody determines, pursuant to s. 39.032(2), that the child should be detained or released to a crisis home, that person shall make a reasonable effort to notify immediately the parents or legal…

30. R.A.B. v. State 399 So. 2d 16 · 3D78-2200 · 3rd DCA 1981

    This opinion cites § 39.032 1 time, the section generally

    …So.2d 724 (Fla. 3d DCA 1972). The very fact of adjudication, apart from disposition, has potential collateral effects which are not harmless. See, e.g., § 39.032(2)(d)4, Fla. Stat. (1980) (prior adjudication taken into account in detention decision); § 39.09(2)(c)7c, Fla. Stat. (1980) (prior adjudication taken into…

31. R.A.B. v. State 399 So. 2d 16 · DCA78-2200 · District Court of Appeal 1981

    This opinion cites § 39.032 1 time, the section generally

    · cited by 13 in all courts

    …724 (Fla. 3d DCA 1972). The very fact of adjudication, apart from disposition, has potential collateral effects which are not harmless. See, e. g., § 39.032(2)(d)4, Fla. Stat. (1980) (prior adjudication taken into account in detention decision); § 39.-09(2)(c)7c, Fla.Stat. (1980) (prior adjudication taken into…

32. D.H. v. Polen 396 So. 2d 1189 · DCA80-1679 · District Court of Appeal 1981

    This opinion cites § 39.032 1 time, the section generally

    …301 (Fla. 1st DCA 1981), we believe the trial court was well within its authority in ordering the child to be detained in a detention facility. See Section 39.032(2), Fla.Stat. (1980 Supp.) Accordingly, petitioner’s application for issuance of a writ of habeas corpus is denied and the order to show cause is discharged. …

33. St. ex rel. Dept. of Hlt. v. Upchurch 394 So. 2d 577 · 5D80-1186 · 5th DCA 1981

    This opinion cites § 39.032 1 time, the section generally

    · cited by 10 in all courts

    …nor is it a local court rule within the scope of Rule 2.050 of the Florida Rules of Judicial Administration. The Florida Legislature in 1980 amended section 39.032(2), Florida Statutes to read as follows: Unless otherwise ordered by the court, a child taken into custody shall not be placed or detained in a secure facility…

34. Dealto v. State 392 So. 2d 61 · DCA80-232 · District Court of Appeal 1981

    This opinion cites § 39.032 1 time, the section generally

    · cited by 2 in all courts

    …that none of these events occurred; that the juvenile division having jurisdiction and appellant being detained, the twenty-one day time limitation in section 39.032(5)(c), Florida Statutes, for holding an adjudicatory hearing on a detained child, the forty-five day time limitation in section 39.05(6), Florida Statutes, for…

35. J.M.J. v. State 389 So. 2d 1208 · 1D00-48 · 1st DCA 1980

    This opinion cites § 39.032 1 time, the section generally

    …wholly failed to allege sufficient facts to allege delinquency. Rule 8.110(a)(1); § 39.05(5). Plainly, these petitions sought only continued detention. See § 39.032; Rule 8.040. [4] We do not have before us the question of the inherent power of the court to punish a juvenile for contempt outside the ambit of the…

36. J.M.J. v. State 389 So. 2d 1208 · DCA00-48 · District Court of Appeal 1980

    This opinion cites § 39.032 1 time, the section generally

    · cited by 11 in all courts

    …wholly failed to allege sufficient facts to allege delinquency. Rule 8.110(a)(1); § 39.05(5). Plainly, these petitions sought only continued detention. See § 39.032; Rule 8.040. . We do not have before us the question of the inherent power of the court to punish a juvenile for contempt outside the ambit of the…

37. State v. Cobb 387 So. 2d 526 · DCA80-297 · District Court of Appeal 1980

    This opinion cites § 39.032 1 time, the section generally

    · cited by 1 in all courts

    …this appeal. Section 39.03(3), Florida Statutes (1979), provides, inter alia : If the person taking the child into custody determines, pursuant to s. 39.032(2), that the child should be detained or placed in a crisis home, that person shall make a reasonable effort to immediately notify the parents or legal…

38. T.W.C. v. Pate 369 So. 2d 361 · 1DMM-403 · 1st DCA 1979

    This opinion cites § 39.032 1 time, the section generally

    · cited by 5 in all courts

    …and an order of nonsecure detention, on conditions, entered December 22, 1978. The 21-day period prescribed for an adjudicatory hearing by Sections 39.01 and 39.032(5)(c), Florida Statutes (1977), elapsed January 5, 1979, without an adjudicatory hearing having been held. In the absence of new grounds *362 for detention,…

39. Amendments to Florida Rules of Criminal Procedure-Rules 3.130(a) & 3.131(j) 591 So. 2d 173 · SC77945 · Florida Supreme Court 1991

    Rule amendment This opinion cites § 39.032 3 times, the section generally

    …“grafted the 24 hour period of Rule 3.130, Florida Rules of Criminal Procedure, onto the period of allowable detention by juvenile authorities,” under section 39.032(6)(b), Florida Statutes (1987). 1 553 So.2d at 319 . The district court also recognized that its ruling was “court-made law necessary to fill a void in the…

40. Amendments to the Florida Rules of Juvenile Procedure 684 So. 2d 756 · SC87656 · Florida Supreme Court 1996

    Rule amendment This opinion cites § 39.032 1 time, the section generally

    · cited by 1 in all courts

    …juvenile offender without allowing reasonable time for preparation of a response on behalf of the child. Committee Notes 1991_Amendment, (c) Section 39.032(3)(e)5 39.052(3)(e)5, Florida Statutes, requires the court to fingerprint any child who is adjudicated or has adjudication withheld for a felony. This rule extends…

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