Dependency Law Finder

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

   This opinion cites § 39.042 8 times, the section generally

   · cited by 6 in all courts

   …to revise the risk assessment points is primarily limited to the correction of mere clerical errors. After reviewing the pertinent provisions of sections 39.042 and 39.044, Florida Statutes (1995), we are not able to agree with either position. Although it clearly appears that the trial court retains discretion to…

2. R.W. v. Soud 639 So. 2d 25 · SC83137 · Florida Supreme Court 1994

   This opinion cites § 39.042 8 times, the section generally

   · cited by 12 in all courts

   …of a child in secure, nonsecure, or home detention, pending a court adjudication or disposition or execution of a court order". (Emphasis added.) Section 39.042, Florida Statutes (1993), addresses the use of detention. Subsection (1) provides that all determinations regarding the use of detention are to be primarily…

3. C.D. v. Vurro 975 So. 2d 475 · 2D07-1879 · 2nd DCA 2007

   This opinion cites § 39.042 6 times, the section generally

   …in secure detention for a child charged with committing an offense of domestic violence and not otherwise subject to secure detention originated in section 39.042(2)(b)(3), Florida Statutes (Supp.1994). This statute explicitly provided for a detention hearing to *476 be held every forty-eight hours after placement in secure…

4. A.A. v. Rolle 580 So. 2d 282 · 3D91-1167 · 3rd DCA 1991

   This opinion cites § 39.042 6 times, the section generally

   · cited by 12 in all courts

   …employed for temporary custody of a child pending adjudication of the petition for delinquency. See § 39.01(16), Fla. Stat. (Supp. 1990). Under section 39.042, Florida Statutes (Supp. 1990), the detention criteria are: (1) All determinations and court orders regarding the use of secure, nonsecure, or home…

5. S.W. v. Woolsey 673 So. 2d 152 · 1D96-1615 · 1st DCA 1996

   This opinion cites § 39.042 5 times, the section generally

   · cited by 24 in all courts

   …hearing. The power to place those charged with, or found to have committed, a delinquent act in detention is entirely statutory in nature. Section 39.042(2)(a), Florida Statutes (1995), mandates that, except in cases involving a charge of domestic violence, "[a]ll determinations and court orders regarding placement…

6. M.L.F. v. State 678 So. 2d 1307 · DCA96-667 · District Court of Appeal 1996

   This opinion cites § 39.042 4 times, the section generally

   · cited by 3 in all courts

   …as follows: “RAI points are waived due to not being persuasive in determining detention status, and juvenile has no home to go to at this time.” Section 39.042(2)(a), Florida Statutes (1995), mandates that, except in cases involving a charge of domestic violence, “[a]ll determinations and court orders regarding placement…

7. C.W.P. v. State 633 So. 2d 1192 · DCA94-386 · District Court of Appeal 1994

   This opinion cites § 39.042 4 times, the section generally

   …in Open Court; ...” Our review of the applicable statutes leads to the conclusion that the detention of this child was not done in a lawful manner. Section 39.042(1), Florida Statutes (1993) requires: (1) All determinations and court orders regarding the use of secure, nonsecure, or home detention shall be based…

8. Department of Juvenile Justice v. Soud 685 So. 2d 1376 · DCA96-2551 · District Court of Appeal 1997

   This opinion cites § 39.042 3 times, the section generally

   · cited by 11 in all courts

   …order” is intended to usurp the role given by the legislature to the Department regarding development and revision of risk assessment instruments. Section 39.042(2)(a), Florida- Statutes (1995), requires that, subject to one exception not relevant for purposes of this discussion, “[a]ll determinations and court orders…

9. Department of Health & Rehabilitative Services v. B.S. 640 So. 2d 1174 · 5D94-1032 · 5th DCA 1994

   This opinion cites § 39.042 3 times, the section generally

   …neither had an affidavit nor did he take sworn testimony prior to issuing the custody order. 2 Thus, the custody order was improperly issued. See also, § 39.042(3), Fla.Stat. (1993). Finally, B.S. was ordered detained without meeting the criteria of section 39.042, Florida Statutes (1993). This section requires that…

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

    This opinion cites § 39.042 3 times, the section generally

    · cited by 6 in all courts

    …attributable to HRS. In crafting this legislation, the legislature has very narrowly defined the circumstances under which the court may order detention. §§ 39.042 through -.044(2), Fla. Stat. (1991). The legislature has clearly concluded that pre-adjudication detention of a juvenile should not be permitted unless he or…

11. D.F.M. v. State 647 So. 2d 1075 · 5D94-998 · 5th DCA 1994

    This opinion cites § 39.042 2 times, the section generally

    · cited by 1 in all courts

    …counsel’s request, the lower court acted illegally in continuing home detention because the court failed to make any of the findings set forth in section 39.042(1), Florida Statutes (1993), that the child: (a) Presents a substantial risk of not appearing at a subsequent hearing; (b) Presents a substantial risk of…

12. T.L.W. v. Soud 645 So. 2d 1101 · 1D94-3144 · 1st DCA 1994

    This opinion cites § 39.042 2 times, the section generally

    · cited by 8 in all courts

    …evidence or changed circumstances with the results recommending detention, is introduced into evidence. Petitioner further points out that section 39.042, Florida Statutes, requires the preparation and consideration of a RAI in determining whether a minor should be placed in secure detention. In the instant…

13. H.L. v. Woolsey 618 So. 2d 268 · 1D92-907 · 1st DCA 1993

    This opinion cites § 39.042 2 times, the section generally

    · cited by 3 in all courts

    …criteria for detention under section 39.044(2) and further that the secure detention was not indicated by a risk assessment instrument as required by section 39.042(3). Petitioner argues that sections 39.042 and 39.044(2) must be read in pari materia so that for a child to be placed in secure detention the child must meet…

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

    This opinion cites § 39.042 2 times, the section generally

    · cited by 33 in all courts

    …that they could not punish juveniles (or anyone) prior to any adjudication or court disposition. Consequently, the State's reading would render section 39.042 absolutely meaningless. We are unable to credit such an interpretation. See, e.g., Neu v. Miami Herald Publishing Co., 462 So.2d 821, 825 (Fla. 1985)…

15. S.J. v. State 596 So. 2d 1181 · 5D92-665 · 5th DCA 1992

    This opinion cites § 39.042 2 times, the section generally

    …(1991). At the detention hearing, the court must utilize the results of the risk assessment instrument prepared by the intake counselor or case manager. § 39.042(3)(a), Fla. Stat. (1991). Based on the criteria listed in section 39.044(2), the court must determine the need for continued detention. If the court orders a…

16. S.J. v. State 596 So. 2d 1181 · DCA92-665 · District Court of Appeal 1992

    This opinion cites § 39.042 2 times, the section generally

    · cited by 7 in all courts

    …(1991). At the detention hearing, the court must utilize the results of the risk assessment instrument prepared by the intake counselor or case manager. § 39.042(3)(a), Fla.Stat. (1991). Based on the criteria listed in section 39.044(2), the court must determine the need for continued detention. If the court orders a…

17. Lewis v. Florida Parole Commission 112 So. 3d 534 · 1D12-2806 · 1st DCA 2013

    This opinion cites § 39.042 1 time, the section generally

    …juvenile detention shall be made “according to the criteria provided *536 by law” and explaining that these “include those requirements set out in section 39.042, Florida Statutes (1995)”); In re Family Law Rules of Procedure, 663 So.2d 1049, 1086 (Fla.1995) (setting forth amended rule 12.740, which provides that…

18. Kalway v. Singletary 708 So. 2d 267 · SC89724 · Florida Supreme Court 1998

    This opinion cites § 39.042 1 time, the section generally

    · cited by 8 in all courts

    …need for juvenile detention shall be made "according to the criteria provided by law" and explaining that these "include those requirements set out in section 39.042, Florida Statutes (1995)"); In re Family Law Rules of Procedure, 663 So.2d 1049, 1086 (Fla.1995) (setting forth amended rule 12.740, which provides that…

19. P.A.J. v. Gnat 684 So. 2d 310 · 1D96-2990 · 1st DCA 1996

    This opinion cites § 39.042 1 time, the section generally

    · cited by 8 in all courts

    …aggravation points based upon the pending charge resulted in the impermissible double scoring of a factor already accounted for in the RAI. [2] Section 39.042(2)(a), Florida Statutes (1995), mandates that except in circumstances not relevant here, "[a]ll determinations and court orders regarding placement of a child into…

20. N.T. v. State 682 So. 2d 688 · 5D95-2528 · 5th DCA 1996

    This opinion cites § 39.042 1 time, the section generally

    … (Fla.1992). However, under the recent revisions to Chapter 39, detention has been specifically authorized for use in instances of contempt of court. See § 39.042(1)(d), Fla. Stat. (1995).

21. N.T. v. State 682 So. 2d 688 · DCA95-2528 · District Court of Appeal 1996

    This opinion cites § 39.042 1 time, the section generally

    · cited by 5 in all courts

    … (Fla.1992). However, under the recent revisions to Chapter 39, detention has been specifically authorized for use in instances of contempt of court. See § 39.042(l)(d), Fla. Stat. (1995).

22. T.A. v. Wimberly 660 So. 2d 1130 · DCA94-1361 · District Court of Appeal 1995

    This opinion cites § 39.042 1 time, the section generally

    …receive credit for time served before adjudication.” At the outset, we note that section 790.22(9) is not directed to pretrial detention. Compare § 39.042(b), Fla.Stat. (Supp.1994) (child accused of committing offense of parental violence may be held in secure detention for periods of up to 48 hours). Instead it…

23. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 667 So. 2d 195 · SC84021 · Florida Supreme Court 1996

    Rule amendment This opinion cites § 39.042 5 times, the section generally

    · cited by 6 in all courts

    …though it would not be competent at an adjudicatory hearing. “[Cjriteria provided by law” in subsection (2) include those requirements set out in section 39.042, Florida Statutes (1995). 1 *196 Judges in the fifth, 2 ninth, thirteenth, seventeenth, and nineteenth circuits have petitioned this Court to amend…

24. Amendment to Florida Rule of Juvenile Procedure 8.100(a) 753 So. 2d 541 · SC84 · Florida Supreme Court 1999

    Rule amendment This opinion cites § 39.042 3 times, the section generally

    · cited by 8 in all courts

    …it would not be competent at an adjudicatory hearing. *542 “[Cintería provided by law” in subsection (2) include those requirements set forth in section 39.042, Florida Statutes. 1 Judges in the Fifth, Ninth, Thirteenth, Seventeenth, and Nineteenth Judicial Circuits petitioned this Court to amend Florida Rule of…

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