Dependency Law Finder

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

   This opinion cites § 39.044 15 times, the section generally

   · cited by 8 in all courts

   …getting shot." The defense noted an objection. II. Petitioner T.L.W. first argues that his detention is not authorized by the provisions of section 39.044, Florida Statutes (1993). Petitioner contends that he does not meet the criteria of section 39.044(2), Florida Statutes. It is also argued that petitioner's…

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

   This opinion cites § 39.044 15 times, the section generally

   · cited by 6 in all courts

   …by HRS personnel, reflects a negative answer to the predicate detention criteria numbered one through four. The RAI criteria track the language of section 39.044(2)(a) through (d), Florida Statutes (1991) which governs the use of detention prior to an adjudicatory hearing. In essence, HRS contends that the orders placing…

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

   This opinion cites § 39.044 14 times, the section generally

   …petitions for writ of habeas corpus. We consolidate them for disposition because they involve similar issues: can a child be detained pursuant to section 39.044 prior to an adjudicatory hearing, if the child is ineligible for detention pursuant to the risk management assessment and the criteria specified in section…

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

   This opinion cites § 39.044 13 times, the section generally

   · cited by 7 in all courts

   …petitions for writ of habeas corpus. We consolidate them for disposition because they involve similar issues: can a child be detained pursuant to section 39.044 prior to an adjudicatory hearing, if the child is ineligible for detention pursuant to the risk management assessment and the criteria specified in section…

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

   This opinion cites § 39.044 10 times, the section generally

   · cited by 6 in all courts

   …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 order…

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

   This opinion cites § 39.044 10 times, the section generally

   · cited by 3 in all courts

   …petition for writ of habeas corpus challenges this predisposition hearing detention arguing that H.L. did not meet the 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…

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

   This opinion cites § 39.044 9 times, the section generally

   · cited by 24 in all courts

   …to the RAI. At the detention review hearing on the following day, held before a different judge, petitioner's counsel argued that, according to section 39.044(9), Florida Statutes (1995), a child on release status might be placed in detention "only pursuant to a court hearing in which the original risk assessment…

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

   This opinion cites § 39.044 8 times, the section generally

   · cited by 3 in all courts

   …detention care is warranted, and, if detention care is warranted, whether the child should be placed into secure, nonsecure, or home detention care.” Section 39.044(1) places with the Department of Juvenile Justice intake counselor or ease manager responsibility for deciding whether a child taken into custody by a law…

9. C.J. v. Rolle 608 So. 2d 117 · DCA92-1169 · District Court of Appeal 1992

   This opinion cites § 39.044 8 times, the section generally

   · cited by 3 in all courts

   …order denying C.J.’s motion for release from secure detention, finding that CJ.’s detention was proper pursuant to the statutory criteria set forth in section 39.044(2), Florida Statutes (1991). The court reasoned that C.J. fulfilled the statutory re *118 quirements for detention because he was awaiting adjudication in case…

10. Detention v. To 684 So. 2d 814 · SC87544 · Florida Supreme Court 1996

    This opinion cites § 39.044 7 times, the section generally

    · cited by 45 in all courts

    …a detention order directing that T.O. be detained by the Department of Juvenile Justice for a period not to exceed twenty-one days, in accordance with section 39.044(5)(b), Florida Statutes (1995). [1] Pursuant to the detention order, T.O. was placed in the Alachua Regional Detention Center (Center) in Alachua County. One day…

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

    This opinion cites § 39.044 6 times, the section generally

    · cited by 33 in all courts

    …facilities. Alternatively, the State argues that even if the 1988 amendments could be read as containing such a prohibition, the enactment of section 39.044(10), Florida Statutes (Supp. 1990), now indicates legislative intent to permit secure detention for juvenile contemnors. In 1988 the Florida legislature…

12. R.E.D. v. Gnat 681 So. 2d 847 · 1D96-3586 · 1st DCA 1996

    This opinion cites § 39.044 5 times, the section generally

    · cited by 5 in all courts

    …of his commitment to a high-risk facility he must be held in detention care or a juvenile assignment center pending placement in accordance with section 39.044(10), Florida Statutes, as amended by chapter 96-398, Laws of Florida. Petitioner argues, however, that his continued secure detention is unlawful because…

13. In re C.L. 638 So. 2d 993 · DCA94-1500 · District Court of Appeal 1994

    This opinion cites § 39.044 5 times, the section generally

    …Statutes (1993), lists theft of a motor vehicle as a “serious property crime,” so if the state had been able to prove any of the factors listed in section 39.044(2)(d)l-5, the trial court could have properly ordered the petitioner into detention. The statute at issue is section 39.044(2)(d), Florida Statutes (1993), which…

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

    This opinion cites § 39.044 5 times, the section generally

    · cited by 12 in all courts

    …offense prior to adjudication, disposition, or placement; or (d) Requests protection from imminent bodily harm. Id. § 39.042(1). [1] See also § 39.044(2), Fla. Stat. (Supp. 1990) (criteria for continuation of detention). The statute relied on by A.A. — section 39.043 — is a corollary to the foregoing. It…

15. R.L. v. State 578 So. 2d 862 · 5D91-628 · 5th DCA 1991

    This opinion cites § 39.044 5 times, the section generally

    · cited by 1 in all courts

    …in the commitment option specified in the lower court’s order. Because R.L. has been held in detention beyond the applicable time period provided in section 39.044(11), Florida Statutes (Supp.1990), we grant the petition. On February 12, 1991, R.L. was adjudicated to have committed burglary of a structure and second degree…

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

    This opinion cites § 39.044 4 times, the section generally

    …(“RAI”) 1 is completed and he scores high enough to be detained. I disagree. *1194 Had he been adjudicated delinquent, a RAI need not be completed. Section 39.044(5)(c), 2 in my opinion, authorizes a child to be detained until this dispositional hearing. This ease is controlled by H.L. v. Woolsey, 618 So.2d 268 (Fla.…

17. Z.R. v. State 596 So. 2d 723 · 5D92-250 · 5th DCA 1992

    This opinion cites § 39.044 4 times, the section generally

    … PER CURIAM. The juveniles in these two cases were held in detention more than twenty-one days without an adjudicatory hearing in violation of section 39.044(5)(b), Florida Statutes (1991). Their motions for release were nonetheless denied by the trial court which instead extended the detention. Both juveniles then…

18. Z.R. v. State 596 So. 2d 723 · 1D92-250 · 1st DCA 1992

    This opinion cites § 39.044 4 times, the section generally

    · cited by 7 in all courts

    PER CURIAM. The juveniles in these two cases were held in detention more than twenty-one days without an adjudicatory hearing in violation of section 39.044(5)(b), Florida Statutes (1991). Their motions for release were nonetheless denied by the trial court which instead extended the detention. Both juveniles then…

19. W.N. v. Fryer 572 So. 2d 24 · 4D90-3047 · 4th DCA 1990

    This opinion cites § 39.044 4 times, the section generally

    · cited by 7 in all courts

    …section also provides that "[n]othing in this subsection shall be construed to allow the detention of a child who does not meet the detention criteria in § 39.044." Section 39.044(1) governs juvenile detention prior to a formal detention hearing. Section (2) provides for continued detention of a child taken into…

20. T.B. v. Wright 679 So. 2d 82 · 1D96-2965 · 1st DCA 1996

    This opinion cites § 39.044 3 times, the section generally

    …statutory period without good cause. Reliance on the juvenile’s prior record and perceived danger to the community do not constitute good cause under section 39.044(5)(d), Florida Statutes (1995), for extending the 21-day limit on detention prior to the commencement of an adjudicatory hearing. The statute provides: The time…

21. To v. Alachua Juvenile Detention Ctr. 668 So. 2d 243 · 1D96-350 · 1st DCA 1996

    This opinion cites § 39.044 3 times, the section generally

    · cited by 3 in all courts

    …that no adjudicatory hearing had commenced in his case and that he was being detained in contravention of the 21 day pre-hearing detention limit of section 39.044(5)(b), Florida Statutes (1995). Finding that petitioner was entitled to relief, we granted the petition by unpublished order and stated that an opinion would follow…

22. In the Interest of S.A.M. v. Bessette 641 So. 2d 948 · DCA94-02966 · District Court of Appeal 1994

    This opinion cites § 39.044 3 times, the section generally

    PER CURIAM. S.A.M., a juvenile, has filed a Petition for Writ of Habeas Corpus alleging that she is being illegally detained in violation of section 39.044(2)(d), Florida Statutes (1990). We agree and grant the writ. Petitioner was taken into custody on August 17, 1994 on two counts of grand theft. While the…

23. State v. G.G. 941 So. 2d 484 · 3D06-2615 · 3rd DCA 2006

    This opinion cites § 39.044 2 times, the section generally

    …[the juvenile] be transported to the adult county jail upon the state’s announcement that the charges had been direct filed in the adult division. Section 39.044(4)(a), Florida Statutes (1996), which was amended on June 2, 1996, specifically provides that: (4) The court order shall order the delivery of a child to a jail…

24. State v. Davis 699 So. 2d 848 · 3D97-1869 · 3rd DCA 1997

    This opinion cites § 39.044 2 times, the section generally

    · cited by 2 in all courts

    …order that Davis be transported to the adult county jail upon the state's announcement that the charges had been direct filed in the adult division. Section 39.044(4)(a), Florida Statutes (1996), which was amended on June 2, 1996, specifically provides that: (4) The court order shall order the delivery of a child to a jail…

25. K.K. v. Taylor 703 So. 2d 1064 · DCA96-05135 · District Court of Appeal 1997

    This opinion cites § 39.044 2 times, the section generally

    …hearing. These facts mirror those found in S.W. v. Woolsey, 673 So.2d 152 (Fla. 1st DCA 1996), where the court analyzed the application of section 39.044(9), Florida Statutes (1995), and determined that the trial court was without authority to confine the child pending disposition unless newly discovered evidence…

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

    This opinion cites § 39.044 2 times, the section generally

    · cited by 11 in all courts

    …also take into consideration appropriate aggravating and mitigating circumstances, and shall be designed to target a narrower population of children than s. 39.044(2). The risk assessment instrument shall also include any information concerning the child’s history of abuse and neglect. The risk assessment shall indicate…

27. C.M.T. v. Soud 662 So. 2d 1382 · 1D95-3870 · 1st DCA 1995

    This opinion cites § 39.044 2 times, the section generally

    · cited by 2 in all courts

    …by law where a Risk Assessment Instrument (RAI) did not support such detention and where there was no re-scoring of the RAI in accordance with section 39.044(9), Florida Statutes (Supp. 1994). An order to show cause was issued and, having considered the response, it was determined that petitioner's arguments were…

28. In the Interest of T.T. v. Wimberly 642 So. 2d 1172 · DCA94-2435 · District Court of Appeal 1994

    This opinion cites § 39.044 2 times, the section generally

    …was detained by the trial court pursuant to a detention order and then released. He was then rearrested and detained again without compliance with section 39.044(9), Florida Statutes (1993). We therefore grant the habeas petition and order his release from detention, without prejudice to the trial court to place him again…

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

    This opinion cites § 39.044 2 times, the section generally

    · cited by 12 in all courts

    …even if the court had originally conducted a risk assessment of R.W., the procedure followed here suffers from other procedural problems. Under section 39.044(9), Florida Statutes (1993), a child who is on release status and not previously detained may only be placed into detention "pursuant to a court hearing in which…

30. Department of Health & Rehabilitative Services v. State 606 So. 2d 1245 · DCA91-2635 · District Court of Appeal 1992

    This opinion cites § 39.044 2 times, the section generally

    · cited by 1 in all courts

    …court ordered that S.E.W., a minor, be “[djetained ORJDC 1 pending placement.” This order placing S.E.W. in secure detention is not inconsistent with section 39.044(11), Florida Statutes (1991), which states: When a child is committed to the department awaiting dispositional placement, removal of the child from detention…

31. R.W. v. State 599 So. 2d 286 · DCA92-1386 · District Court of Appeal 1992

    This opinion cites § 39.044 2 times, the section generally

    DAUKSCH, Judge. Petitioner seeks release from detention because he says he is being held in violation of section 39.044(5)(c), Florida Statutes (1991): 39.044 Detention.— ■ (5)(c) No child shall be held in secure, nonsecure, or home detention care for more than 15 days following…

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

    This opinion cites § 39.044 2 times, the section generally

    · cited by 12 in all courts

    …guardian, or nonattendance of the parent or guardian at the hearing, shall not invalidate the proceeding. Committee Note: This rule corresponds to section 39.044(7), Florida Statutes, which requires detained children to be arraigned within 48 hours of the filing of the delinquency petition. This statutory requirement does…

33. J.L.O. v. State 721 So. 2d 440 · 5D97-3456 · 5th DCA 1998

    This opinion cites § 39.044 1 time, the section generally

    …resistant to anything and everything that has happened so far. That's another good reason why a Level 8 secure program is required. [1] See also 39.044(10)(a)(1995).

34. J.L.O. v. State 721 So. 2d 440 · DCA97-3456 · District Court of Appeal 1998

    This opinion cites § 39.044 1 time, the section generally

    · cited by 13 in all courts

    …cannot reinvent it. If the state will not provide a level four facility for appellant, she must go home. She cannot be sent to level eight. . See also 39.044(10)(a)(1995).

35. Henry v. Migdal 720 So. 2d 568 · 4D97-3544 · 4th DCA 1998

    This opinion cites § 39.044 1 time, the section generally

    · cited by 13 in all courts

    …shelter orders and to change the conditions of temporary legal custody or protective supervision after a child has been adjudicated to be dependent. See § 39.044(9) & (10), Fla. Stat. (Supp.1996), §§ 39.402(11), 39.41(2)(a)9.a., Fla. Stat. (1995). Safety concerns are one factor that a court could take into consideration…

36. K.C. v. Taylor 696 So. 2d 858 · DCA97-01165 · District Court of Appeal 1997

    This opinion cites § 39.044 1 time, the section generally

    · cited by 2 in all courts

    …n. 1 (Fla.1984). K.C. scored ten points on the risk assessment instrument, which would have justified placing him in nonsecure or home detention. See § 39.044, Fla. Stat. (1995). The trial court, nevertheless, ordered him to be placed in secure detention with the proviso that he could be released after 120 hours at…

37. J.L. v. McCormick 671 So. 2d 202 · 2D96-01052 · 2nd DCA 1996

    This opinion cites § 39.044 1 time, the section generally

    · cited by 3 in all courts

    …in court to answer to a delinquency petition alleging he had committed an affray, an offense which would be a misdemeanor if committed by an adult. Section 39.044(2), Florida Statutes (1995), does not provide for the continued detention of a child prior to his adjudication unless certain preconditions are met, none of…

38. P.M. v. Carter 658 So. 2d 188 · 1D95-2195 · 1st DCA 1995

    This opinion cites § 39.044 1 time, the section generally

    · cited by 1 in all courts

    …Detention Center. Pursuant to a hearing on the state’s detention petition, the trial court found that petitioner met the criteria enumerated in section 39.044(2)(f)(2), Florida Statutes (Supp.1994). That section requires a finding that the juvenile “ ‘[h]as a record of law violation prior to court hearings.’” As the First…

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

    This opinion cites § 39.044 1 time, the section generally

    …such finding. Further, after the child was detained, we have nothing in the record before us to show that a risk assessment instrument was completed. See § 39.044(2), Fla.Stat. (1993); R.W. v. Soud, Jr., Judge, 19 Fla.L.Weekly S348, S349 (Fla. June 30, 1994). For these reasons, had a writ of prohibition been timely filed…

40. Department of Health & Rehabilitative Services v. J.S.G. 635 So. 2d 1065 · DCA94-168 · District Court of Appeal 1994

    This opinion cites § 39.044 1 time, the section generally

    · cited by 3 in all courts

    …in a Level Six residential program. Although the court order of January 21,1994 appears on its face plainly to violate the limitations contained in section 39.044(11), Florida Statutes, by the time application for relief was filed in this court, the order had expired by its own terms and the child was no longer in…

41. M.S. v. State 632 So. 2d 1147 · DCA94-524 · District Court of Appeal 1994

    This opinion cites § 39.044 1 time, the section generally

    …prior to his adjudicatory hearing, seeks a writ of habeas corpus directing his release because he claims he does not qualify for detention under section 39.044, Florida Statutes (1993). However, as in DepaHment of H.R.S. v. State, 599 So.2d 123, 127 (Fla. 5th DCA 1992), we are not convinced that H.R.S. has…

42. S.T. v. State 629 So. 2d 316 · 1D93-1928 · 1st DCA 1993

    This opinion cites § 39.044 1 time, the section generally

    …to release the juvenile as to his adjudication of guilt of direct contempt of court. BOOTH and ALLEN, JJ., concur. NOTES [1] We note that Section 39.044(10), Florida Statutes (1991), includes among the enumerated due-process rights that must be afforded any child placed in detention for contempt of court the right…

43. In the Interest of S.T. v. State 629 So. 2d 316 · DCA93-1928 · District Court of Appeal 1993

    This opinion cites § 39.044 1 time, the section generally

    · cited by 3 in all courts

    …directions to release the juvenile as to his adjudication of guilt of direct contempt of court. BOOTH and ALLEN, JJ., concur. . We note that Section 39.044(10), Florida Statutes (1991), includes among the enumerated due-process rights that must be afforded any child placed in detention for contempt of court the right…

44. R.L. v. Wimberly 623 So. 2d 620 · DCA93-2419 · District Court of Appeal 1993

    This opinion cites § 39.044 1 time, the section generally

    · cited by 1 in all courts

    …of habeas corpus, the juvenile petitioner claims that he is being detained in excess of the maximum 21 day period allowed by the legislature under section 39.044(5)(b), Florida Statutes (1991). In response, the state concedes that the trial court unlawfully ordered the juvenile detained beyond the permitted 21 day period. We…

45. J.P. v. State 596 So. 2d 1305 · DCA91-00765 · District Court of Appeal 1992

    This opinion cites § 39.044 1 time, the section generally

    … See L.M. v. State, 592 So.2d 1210 (Fla. 2d DCA 1992). Accordingly, we reverse the imposed county jail sentence and remand for resentencing under section 39.044(10), Florida Statutes (Supp.1990). PARKER, A.C.J., and ALTENBERND and BLUE, JJ., concur.

46. N.T. v. State 597 So. 2d 919 · DCA91-00761 · District Court of Appeal 1992

    This opinion cites § 39.044 1 time, the section generally

    · cited by 1 in all courts

    … See L.M. v. State, 592 So.2d 1210 (Fla. 2d DCA 1992). Accordingly, we reverse the imposed county jail sentence and remand for resentencing under section 39.044(10), Florida Statutes (Supp. 1990). RYDER, A.C.J., and DANAHY and FRANK, JJ., concur.

47. L.M. v. State 592 So. 2d 1210 · 2D91-00759 · 2nd DCA 1992

    This opinion cites § 39.044 1 time, the section generally

    …v. Chinault, 570 So.2d 1335 (Fla.2d DCA 1990). *1211 On October 1, 1990, however, that section was repealed and the legislature enacted section 39.044(10), Florida Statutes (Supp. 1980). Although the new statute allows juveniles to be placed in secure detention, it sets up procedural safeguards that a court must…

48. L.M. v. State 592 So. 2d 1210 · DCA91-00759 · District Court of Appeal 1992

    This opinion cites § 39.044 1 time, the section generally

    · cited by 8 in all courts

    …T.D.L. v. Chinault, 570 So.2d 1335 (Fla.2d DCA 1990). *1211 On October 1, 1990, however, that section was repealed and the legislature enacted section 39.044(10), Florida Statutes (Supp.1980). Although the new statute allows juveniles to be placed in secure detention, it sets up procedural safeguards that a court must…

49. A.O. v. Chinault 571 So. 2d 43 · 2D90-02453 · 2nd DCA 1990

    This opinion cites § 39.044 1 time, the section generally

    · cited by 3 in all courts

    …in the juvenile division of the circuit court in Polk County, wherein it is contended that the petitioners are being held in detention in violation of section 39.044(11), Florida Statutes (1990). That statute mandates the removal of a child from detention, and his placement into a commitment program, within five days of the…

50. In Interest of M.C. 567 So. 2d 1038 · 4D90-2126 · 4th DCA 1990

    This opinion cites § 39.044 1 time, the section generally

    · cited by 4 in all courts

    …Juvenile Justice Act, Chapter 90-208, effective October 1, 1990. Included in that bill is the repeal of section 959.12, and its replacement with section 39.044(11) which under the facts of this case would have permitted the child to remain in secure detention with court authorization for not more than fifteen days from…

51. Amendments to the Rules of Juvenile Procedure 783 So. 2d 138 · SC00-644 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 39.044 1 time, the section generally

    · cited by 8 in all courts

    …thereupon arraignment shall be deemed waived. Committee Notes 1991 Adoption. This rule creates an arraignment proceeding that is referred to in section 39.044(-7-)985.215(7), Florida Statutes. RULE 8.085. PREHEARING MOTIONS AND SERVICE (a) Prehearing Motions. (1) Motions in General. Every motion made before…

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

    Rule amendment This opinion cites § 39.044 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 , Fla.…

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