Dependency Law Finder

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

   This opinion cites § 39.043 5 times, the section generally

   · cited by 12 in all courts

   …by subsection (1) and the risk assessment required by subsection (3), detention of a juvenile is not permitted either before or after adjudication. Section 39.043, Florida Statutes (1993), enumerates a number of prohibited uses of detention, including "[t]o permit more convenient administrative access to the child." §…

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

   This opinion cites § 39.043 5 times, the section generally

   · cited by 33 in all courts

   …could not be placed into secure detention as a means of punishment. See Ch. 90-208, § 5, Laws of Fla. Former section 39.0321 was renumbered as section 39.043, Florida Statutes (Supp. 1990), and provides: 39.043 Prohibited uses of detention. (1) A child alleged to have committed a delinquent act or violation…

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

   This opinion cites § 39.043 4 times, the section generally

   · cited by 12 in all courts

   …contends that subsequent legislation has forbidden the use of detention for purposes of punishment of any type. For this proposition A.A. relies on paragraph 39.043(1), Florida Statutes (Supp. 1990) (formerly § 39.0321(1), Fla. Stat. (1989)), and T.D.L. v. Chinault, 570 So.2d 1335 (Fla. 2d DCA 1990), which so holds. We…

4. T.M. v. State 701 So. 2d 1221 · 1D97-1360 · 1st DCA 1997

   This opinion cites § 39.043 1 time, the section generally

   …time, even on a first offense." See id. at 446 . AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur. NOTES [1] 790.22(9): Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of…

5. T.M. v. State 701 So. 2d 1221 · DCA97-1360 · District Court of Appeal 1997

   This opinion cites § 39.043 1 time, the section generally

   · cited by 5 in all courts

   …period of time, even on a first offense.” See id. at 446 . AFFIRMED. BOOTH, JOANOS and VAN NORTWICK, JJ., concur. . 790.22(9): Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of…

6. T.M. v. State 689 So. 2d 443 · 3D96-1115 · 3rd DCA 1997

   This opinion cites § 39.043 1 time, the section generally

   …err in its determination that the statute did not violate the equal protection clause. Affirmed. NOTES [1] That statute provides: Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of…

7. T.M. v. State 689 So. 2d 443 · 4D96-1115 · 4th DCA 1997

   This opinion cites § 39.043 1 time, the section generally

   · cited by 14 in all courts

   …did not err in its determination that the statute did not violate the equal protection clause. Affirmed. . That statute provides: Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of…

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

   This opinion cites § 39.043 1 time, the section generally

   · cited by 3 in all courts

   …existed. Moreover, the only substantive justification offered by the trial court — that appellant “ha[d] no home to go to” — is an expressly prohibited one. § 39.043(l)(d), Fla.Stat. (1995) (detention may not be ordered because of “a lack of more appropriate facilities”). Because initial detention would not have been supported…

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

   This opinion cites § 39.043 1 time, the section generally

   …of carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1993). Section 790.22(9) provides as follows: “(9) Notwithstanding s. 39.043, if the minor is found to have committed an offense that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation of…

10. H.A.W. v. State 652 So. 2d 948 · 5D94-1359 · 5th DCA 1995

    This opinion cites § 39.043 1 time, the section generally

    …H.A.W.'s privileges simply because the evaluation is to be used for post-disposition matters. See R.W. v. Soud, 639 So.2d 25 (Fla. 1994) (section 39.043, which enumerates a number of prohibited uses of detention, applies whether the juvenile is alleged to have committed a delinquent act or already has been…

11. H.A.W. v. State 652 So. 2d 948 · DCA94-1359 · District Court of Appeal 1995

    This opinion cites § 39.043 1 time, the section generally

    · cited by 3 in all courts

    …H.A.W.’s privileges simply because the evaluation is to be used for post-disposition matters. See R.W. v. Soud, 639 So.2d 25 (Fla.1994) (section 39.043, which enumerates a number of prohibited uses of detention, applies whether the juvenile is alleged to have committed a delinquent act or already has been…

12. State v. R.F. 648 So. 2d 293 · 3D94-1726 · 3rd DCA 1995

    This opinion cites § 39.043 1 time, the section generally

    …no contest to the charge of carrying a concealed firearm. Paragraph 790.22(9)(a), Florida Statutes (Supp. 1994), provides, in part: (9) Notwithstanding s. 39.043, if the minor is found to have committed an offense *294 that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation…

13. State v. R.F. 648 So. 2d 293 · 3D94-1726-2 · 3rd DCA 1995

    This opinion cites § 39.043 1 time, the section generally

    · cited by 9 in all courts

    …no contest to the charge of carrying a concealed firearm. Paragraph 790.22(9)(a), Florida Statutes (Supp.1994), provides, in part: (9) Notwithstanding s. 39.043, if the minor is found to have committed an offense *294 that involves the use or possession of a firearm, as defined in s. 790.001, other than a violation…

14. Department of Juvenile Justice v. S.W. 647 So. 2d 1055 · 5D94-1927 · 5th DCA 1994

    This opinion cites § 39.043 1 time, the section generally

    …of contempt and then ordering them into detention as punishment for their failure to attend school, the lower court's order manifestly violates section 39.043 and section 38.048, Florida Statutes (1993). This procedure is also contrary to In the Interest of L.M.H., 462 So.2d 1210 (Fla. 4th DCA 1985) and the…

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

    This opinion cites § 39.043 1 time, the section generally

    …of this child, we note the statutorily prohibited uses of detention for those juveniles yet to be found guilty of delinquent acts, as set out in section 39.043. Although that statute concerns those juveniles only alleged to be guilty, some guidance may be gained from legislative intent regarding the issue of secure…

16. B.P. v. State 588 So. 2d 39 · 5D91-2097 · 5th DCA 1991

    This opinion cites § 39.043 1 time, the section generally

    …for indirect criminal contempt by incarceration in the juvenile detention center for his failure to comply with a court order. B.P. argues that section 39.043(1) of the Florida Statutes (1990) prohibits the use of a secure detention facility as a sanction for contempt, relying upon T.D.L. v. Chinault, 570 So.2d…

17. B.P. v. State 588 So. 2d 39 · DCA91-2097 · District Court of Appeal 1991

    This opinion cites § 39.043 1 time, the section generally

    · cited by 8 in all courts

    …for indirect criminal contempt by incarceration in the juvenile detention center for his failure to comply with a court order. B.P. argues that section 39.043(1) of the Florida Statutes (1990) prohibits the use of a secure detention facility as a sanction for contempt, relying upon T.D.L. v. Chinault, 570 So.2d…

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

    Rule amendment This opinion cites § 39.043 1 time, the section generally

    · cited by 6 in all courts

    … Additionally, Chapter 39 of the Florida Statutes requires that the court make a finding that the statutory detention criteria has been met. F.S. 39.042, 39.043 and 39.044 (1993). An assessment of the risk must be done in order to determine the appropriateness of any form of detention. R.W. v. Soud, [ 639 So.2d 25 …

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