eLaws of Florida

SECTION 985.24. Use of detention; prohibitions.  


Latest version.
  • 1(1) 2All determinations and court orders regarding the use of detention care shall be based primarily upon findings that the child:
    22(a) 23Presents a substantial risk of not appearing at a subsequent hearing;
    34(b) 35Presents a substantial risk of inflicting bodily harm on others as evidenced by recent behavior, including the illegal possession of a firearm;
    57(c) 58Presents a history of committing a property offense prior to adjudication, disposition, or placement;
    72(d) 73Has committed contempt of court by:
    791. 80Intentionally disrupting the administration of the court;
    872. 88Intentionally disobeying a court order; or
    943. 95Engaging in a punishable act or speech in the court’s presence which shows disrespect for the authority and dignity of the court; or
    118(e) 119Requests protection from imminent bodily harm.
    125(2) 126A child alleged to have committed a delinquent act or violation of law may not be placed into secure or supervised release detention care for any of the following reasons:
    156(a) 157To allow a parent to avoid his or her legal responsibility.
    168(b) 169To permit more convenient administrative access to the child.
    178(c) 179To facilitate further interrogation or investigation.
    185(d) 186Due to a lack of more appropriate facilities.
    194(3) 195A child alleged to be dependent under chapter 39 may not, under any circumstances, be placed into secure detention care.
    215(4) 216The department shall continue to identify and develop supervised release detention options and annually submit them to the Legislature for authorization and appropriation.
History.-s. 5, ch. 90-208; s. 3, ch. 93-408; ss. 29, 30, ch. 94-209; ss. 21, 22, ch. 97-238; s. 80, ch. 98-280; s. 31, ch. 2006-120; s. 14, ch. 2014-162; s. 6, ch. 2018-86.

Note

Note.-Subsection (1) former s. 39.042(1); s. 985.213(1). Subsections (2), (3) former s. 39.043; s. 985.214. Subsection (4) former s. 39.042(4); s. 985.213(4).

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