D.V., a child, Appellant, v. STATE

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D.V., a child, Appellant, v. STATE of Florida, Appellee.

No. 4D15–1876

Decided: April 26, 2017

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.

ON THE STATE OF FLORIDA'S MOTION FOR REHEARING AND CLARIFICATION

We deny the State's motion for rehearing and grant the motion for clarification. At oral argument, we were given the mistaken information that the juvenile was no longer in custody;  now we are informed that he is still in the custody of the Department of Juvenile Justice at the Okeechobee Youth Development Center.

We therefore withdraw the final paragraph of the original panel opinion and substitute the following.

Based on the foregoing, we reverse the disposition order and the child's placement in a maximum risk facility. The child shall be released to the detention center in the 19th Judicial Circuit pending a detention hearing for placement pending the new disposition. The case is remanded to the circuit court for the imposition of a new disposition in accordance with section 985.01(c), Florida Statutes (2016):  “[t]o provide an environment that fosters healthy social, emotional, intellectual, educational, and physical development;  to ensure secure and safe custody;  and to promote the health and well-being of all children under the state's care.”

The Department of Juvenile Justice shall prepare an updated predisposition report for the trial court's use in developing a plan of probation, pursuant to sections 985.0301(5)(b)1 and 985.433(7)(c) & (9), Florida Statutes (2016). If possible, the juvenile's probation shall be transferred to Pennsylvania, pursuant to the Interstate Compact on Juveniles, section 985.801, Florida Statutes, et seq.

All proceedings on remand shall be handled by a circuit judge other than the judge who imposed the sentence in this case.

Per Curiam.

Gross, May and Damoorgian, JJ., concur.