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J.W. v. LEITNER

No. 2D01-4747.

801 So.2d 295 (2001)

In the Interest of J.W. a child, Petitioner, v. Mary LEITNER, as Superintendent of the Southwest Florida Juvenile Detention Center, Department of Juvenile Justice, John Walker, as Superintendent of the Collier County Detention Center, Department of Juvenile Justice, Respondent.

District Court of Appeal of Florida, Second District.

December 14, 2001.

Attorney(s) appearing for the Case

Robert R. Jacobs, II, Public Defender, and Michelle E. Berthiaume, Assistant Public Defender, Fort Myers, for Respondent.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Petitioner.

FULMER, Acting Chief Judge.

By prior unpublished order we granted J.W.'s petition for writ of habeas corpus. In his petition, J.W. contends that he was illegally confined in secure detention following his commitment and pending placement in a high-risk residential program. The question raised in this proceeding is: Must a child meet statutory "detention criteria" to qualify for placement in secure detention under these circumstances? We hold that children awaiting...

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