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S.J. v. STATE

No. 92-665, 92-688.

596 So.2d 1181 (1992)

S.J., a Child and J.F., a Child, Petitioners, v. STATE of Florida, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

April 3, 1992.

Attorney(s) appearing for the Case

Joseph W. DuRocher, Public Defender, and Patti Zimmerman, Asst. Public Defender, for petitioners.

Robert Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent State of Florida.

David A. Ford, Deputy Dist. Legal Counsel, Dept. of Health and Rehabilitative Services, Orlando, for respondent Dept. of Health and Rehabilitative Services.

W. SHARP, Judge.

S.J. and J.F. filed 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 39.044(2); and the only basis for continued detention is the child's failure to appear at arraignment and a resulting...

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