STATE v. S.M.

No. SC12-1405.

131 So.3d 780 (2013)

STATE of Florida and Department of Juvenile Justice, Petitioners, v. S.M., a child, Respondent.

Supreme Court of Florida.

December 12, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, FL; Celia A. Terenzio , Bureau Chief, and Richard C. Valuntas , Assistant Attorney General, West Palm Beach, FL, for Petitioners.

Diamond R. Litty , Public Defender, and Renee Rancour , Assistant Public Defender, Vero Beach, FL, for Respondent.


CANADY, J.

In this case, we consider the provisions of Florida law governing the detention of juveniles prior to adjudicatory hearings. Specifically, we address whether a district court of appeal may grant a juvenile's petition for a writ of habeas corpus seeking release from pre-adjudicatory hearing detention without reviewing the juvenile's risk assessment instrument (RAI) and whether a juvenile with a risk assessment score of zero may be placed in home detention...

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