J.S. v. State

J.S., a juvenile, petitions for a writ of habeas corpus, seeking his immediate release from custody. We grant the petition and order J.S.’s immediate release.

A child may not be held in secure or non-secure detention for more than twenty-one days unless an adjudicatory hearing for the case has been commenced. See § 985.26(2), Fla. Stat. (2015). The trial court’s authority to place juveniles charged with or found to have committed delinquent acts in secure detention is entirely statutory, and therefore, strict compliance with the statute is necessary. See B.R. v. State, 145 So.3d 196, 198 (Fla.…