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516 So. 2d 1094

Docket No. 87-202.

DHRS v. State

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 17, 1987.

District Court of Appeal of Florida · decided 1987-12-17

Cited by 18 later decisions — most recently August 1993

18 state decisions

Relies on 495 So. 2d 241 - Lovette v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-12-17

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¶1James A. Sawyer, Jr., District Counsel, Department of Health and Rehabilitative Services, Orlando, for appellant.

¶2No appearance for appellee.

¶3ORFINGER, Judge.

¶4In committing the child involved in these proceedings to the custody of the Department of Health and Rehabilitative Services (HRS) after an adjudication of delinquency, the trial court ranked two of the three placement options submitted by HRS, but refused to rank the third option. The refusal of the trial judge to rank all the placement options presented by HRS is in violation of the mandatory dictates of section 39.09(3)(e), Florida Statutes (1985). See In Re Interest of K.J.M., a child,495 So.2d 241 (Fla. 5th DCA 1986). Because the trial judge cannot select the placement options but can only rank them in priority order, and because the "training school" option was not ranked as either priority one or priority two, it should have been ranked as priority three, and the order appealed from is hereby modified so as to reflect such third ranking. As so modified, the order is affirmed.

¶5AFFIRMED as modified.

¶6DAUKSCH and COWART, JJ., concur.

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