District Court of Appeal of Florida

An order involuntarily committing a juvenile to a residential mental health treatment facility is reversed where the only basis for a finding that he was "diagnosed with a mental, emotional, or behavioral disorder" was hearsay, and thus, the trial court's finding that he was "suitable for residential treatment" and consequently "a child or adolescent with an emotional disturbance...or a serious emotional disturbance," under Florida Statutes section 39.407(6)(a)(3.) lacked any support in competent evidence adduced at the evidentiary hearing.

Appellate Information

• Decided 08/15/2006
• Published 08/17/2006

Judges

• BENTON, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Mary Kathryn Brennan, Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellant., Wendie Michelle Cooper, Appellate Counsel, Guardian Ad Litem Program, Orlando.


• For Appellees:
  
• W. Dekle Day, Assistant General Counsel, Jacksonville, for Appellee.