Legal Opinion

Department of Children & Family Services v. Amaya

District Court of Appeal of Florida

Decided March 25, 2009No. 4D08-4678PublishedCited by 11 opinions

1Per curiam

The Department of Children and Family Services (DCF) petitions for a writ of cer-tiorari seeking to quash a trial court order that committed incompetent criminal defendant Israel Amaya 1 to DCF’s legal custody and placed him on conditional release under section 916.17, Florida Statutes (2008). The trial court ordered DCF to find Amaya an appropriate treatment facility within 15 days and made DCF responsible for Amaya’s supervision and care while on conditional release. Because Amaya does not meet the criteria for commitment to the Department, the Department cannot be made responsible for…

2Cases cited8 opinions

  1. Mosher v. StateDistrict Court of Appeal of Florida · 2004
  2. Oren v. JuddDistrict Court of Appeal of Florida · 2006
  3. Abreu-Gutierrez v. JamesDistrict Court of Appeal of Florida · 2009
  4. Department of Children and Families v. GillilandDistrict Court of Appeal of Florida · 2007
  5. Maxwell v. StateDistrict Court of Appeal of Florida · 2008

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3Cited by11 opinions

  1. Department of Children & Family Services v. StateDistrict Court of Appeal of Florida · 2013
  2. Department of Children & Families v. StateDistrict Court of Appeal of Florida · 2015
  3. Department of Children & Families v. CarmonaDistrict Court of Appeal of Florida · 2015
  4. Department of Children & Family Services v. RamosDistrict Court of Appeal of Florida · 2012
  5. Dept. of Children and Families v. GarciaDistrict Court of Appeal of Florida · 2018

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