M.W. v. DAVIS

No. SC95443.

756 So.2d 90 (2000)

M.W., a child, Petitioner, v. Arlonia DAVIS, Director of Adolescent Programs, Lock Towns Community Mental Health Center, Inc., and Florida Department of Children and Family Services, Respondents.

Supreme Court of Florida.

May 4, 2000.


Attorney(s) appearing for the Case

Carolyn S. Salisbury, Bernard P. Perlmutter and K. David Daniel of the University of Miami School of Law, Children & Youth Law Clinic, Coral Gables, Florida; and Annemarie H. Block, Attorney for Mother of Petitioner, M.W., Miami, Florida, for Petitioner.

Linda Ann Wells and Charles M. Auslander of the Department of Children & Families; and Harold E. Patricoff and Michael V. Herskowitz of Shutts & Bowen LLP, Miami, Florida, for Respondents.

Nancy Schleifer, Miami, Florida, for The Guardian ad Litem Program, Amicus Curiae.

Michelle Hankey, James Walsh, and John Walsh of the Legal Aid Society of Palm Beach County, Inc., West Palm Beach, Florida, for The Juvenile Advocacy Project Of The Legal Aid Society Of Palm Beach County, Inc., Amicus Curiae.

Christina A. Zawisza and John M. Ratliff of Children First Project, Nova Southeastern University, Fort Lauderdale, Florida; and Barbara W. Green of ACLU of Florida, Coral Gables, Florida, for Children's First Project, Shepard Broad Law Center, Nova Southeastern University; National Association of Counsel for Children; The Advocacy Center Persons with Disabilities, Inc.; and American Civil Liberties Union Foundation of Florida, Inc., Amici Curiae.


PARIENTE, J.

We have for review M.W. v. Davis, 722 So.2d 966 (Fla. 4th DCA 1999), a decision of the Fourth District Court of Appeal that certified the following question to be one of great public importance:

IS A HEARING WHICH COMPLIES WITH THE REQUIREMENTS OF SECTIONS 39.407(4) AND 394.467(1), FLORIDA STATUTES, NECESSARY WHEN A COURT ORDERS THAT A CHILD BE PLACED IN A RESIDENTIAL FACILITY FOR MENTAL HEALTH TREATMENT...

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