Supreme Court of Florida

State of Florida and Department of Juvenile Justice v. S.m., a Child

December 12, 201338 Fla. L. Weekly Supp. 887

Summary

The court quashed the Fourth District’s grant of habeas relief because the district court reviewed the petition without the juvenile’s risk assessment instrument, which was necessary to determine entitlement to relief. It also held that a juvenile with a risk assessment score of zero may be placed in home detention when the risk assessment instrument authorizes detention based on an alleged probation violation. The court limited an inconsistent decision from another district court and approved the decisions reaching the contrary result.