Jeffrey Wiggs, Law P.A.

N.N.R. v. Grice, 48 FLW D1613a (Fla. 2nd DCA 2023)
Defendant while found incompetent was still held in secure detention for the sole reason that there were no other appropriate facilities available. Defendant filed a writ of habeas corpus, and the appellate court freed her.
“Here, the trial court was understandably concerned about N.N.R.'s safety and expressed a desire to remove her from detention as soon as an appropriate placement became available. See Dobuler, 979 So. 2d at 318 (“Although this might have been done for the best of motives, a decision to detain a child must be made according to the strict statutory criteria established by the legislature for this purpose.”). But the legislature has decreed that secure detention may not be used due to the unavailability of a more appropriate facility. As a result, we granted N.N.R.'s petition for writ of habeas corpus and ordered that she be released from secure detention in the custody of DJJ and placed in the custody of DCF as called for in the May 31, 2023, order.”