Public-domain · open source
OpenJurist

729 So. 2d 481

Docket No. 98-3547.

MW v. Davis

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.

District Court of Appeal of Florida

Decided March 24, 1999.

District Court of Appeal of Florida · decided 1999-03-24

Cited by 1 later decisions — most recently May 2000

1 state decisions

Key passage — most relied on by later courts

“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, WHERE THE CHILD HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND THE DEPARTMENT IS SEEKING RESIDENTIAL TREATMENT?”

quoted by 1 later decision, including 756 So. 2d 90 - MW v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1999-03-24

View the full empirical analysis of this case →

¶1Carolyn Salisbury, Bernard Perlmutter and Kenneth David Daniel, Certified Legal Intern, University of Miami School of Law, Children & Youth Law Clinic, Coral Gables, for Petitioner.

¶2Maria Guzman of Shutts & Bowen, L.L.P., Miami, for Respondents Arlonia Davis, Director of Adolescent Programs, and Lock Towns Community Mental Health Center, Inc.

¶3Robin H. Greene, and Charles M. Auslander, Miami, for Respondent Florida Department of Children and Family Services.

¶4

ON MOTION FOR REHEARING AND CERTIFICATION

¶5KLEIN, J.

¶6We deny petitioner's motion for rehearing, but grant his motion for certification and certify the following question as 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, WHERE THE CHILD HAS BEEN COMMITTED TO THE LEGAL CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND THE DEPARTMENT IS SEEKING RESIDENTIAL TREATMENT?

¶7GUNTHER and GROSS, JJ., concur.

/729/so2d/481 · .json · Public domain