N.P., Appellant/Petitioner(s), v. SEEBER (2018)

District Court of Appeal of Florida, Second District.

N.P., Appellant/Petitioner(s), v. Joseph SEEBER, Superintendent, Appellee/Respondent(s).

CASE NO.: 2D18–0813

Decided: March 13, 2018

N.P. petitions for a writ of habeas corpus seeking release from secure detention because the trial court's reasons for departing from the risk assessment inventory are insufficient pursuant to section 985.24(1), Florida Statutes (2017). We agree, grant the petition, and quash the trial court's order. See K.E. v. Department of Juvenile Justice, 963 So. 2d 864, 867 (Fla. 1st DCA 2007) (holding that the mother's fear that child would run away again, would exchange sex for drugs, and would commit further battery against her did not support holding the child in secure detention) On remand the trial court must release N.P. from secure detention but may place her on home detention for violating probation. See State v. S.M., 131 So. 3d 780, 786 (Fla. 2013) (approving district courts' decisions that correctly concluded that juvenile could be placed on home detention even though the risk assessment inventory score was zero when the juvenile violated probation or conditional release).

BY ORDER OF THE COURT:

CASANUEVA, SILBERMAN, and ROTHSTEIN–YOUAKIM, JJ., Concur.

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