Department of Children & Families v. C.K.G.

District Court of Appeal of Florida

Department of Children & Families v. C.K.G.

884 So. 2d 501, 2004 Fla. App. LEXIS 14839, 2004 WL 2254698

District Court of Appeal of Florida·Decided October 8, 2004·No. No. 5D04-2672·Published·Cited by 1 cases

Opinion

TORPY, J.

The Department of Children and Families challenges the commitment order and amended commitment order in this juvenile delinquency proceeding. We reverse both orders.

Respondent stands accused of acts that would be felonies if they had been committed by an adult. Upon order of the lower court, Respondent was evaluated by two psychologists to determine his competency to proceed to trial. Both professionals determined that he is not competent to proceed due to his lack of maturity, not because of mental illness or retardation. These findings notwithstanding, the lower court committed Respondent to the Department for treatment to restore him to competency in direct contravention of section 985.223(2), Florida Statutes (2003). Based upon the foregoing, we grant the petition and quash the orders of commitment.

PETITION GRANTED.

THOMPSON and PALMER, JJ., concur.

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TORPY, J.

The Department of Children and Families challenges the commitment order and amended commitment order in this juvenile delinquency proceeding. We reverse both orders.

Respondent stands accused of acts that would be felonies if they had been committed by an adult. Upon order of the lower court, Respondent was evaluated by two psychologists to determine his competency to proceed to trial. Both professionals determined that he is not competent to proceed due to his lack of maturity, not because of mental illness or retardation. These findings notwithstanding, the lower court committed Respondent to the Department for treatment to restore him to competency in direct contravention of section 985.223(2), Florida Statutes (2003). Based upon the foregoing, we grant the petition and quash the orders of commitment.

PETITION GRANTED.

THOMPSON and PALMER, JJ., concur.

Department of Children & Families v. C.K.G., 884 So. 2d 501, 2004 Fla. App. LEXIS 14839, 2004 WL 2254698 (Fla. Ct. App. 2004).

Pincite

884 So. 2d 501 (Department of Children & Families v. C.K.G.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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