M. M., A Child v. Cody Wood, Superintendent Leon Regional etc.

Alleging that she was unlawfully held in postdisposition secure detention beyond the time authorized by law, M.M. petitions the court for habeas corpus relief. She argues that pursuant to section 985.27(l)(a), Florida Statutes (2014), a child such as her who is placed in secure detention awaiting placement in a nonse-cure residential program “must be removed from detention within 5 days, excluding Saturdays, Sundays, and legal holidays.” 1 Petitioner alleges that her statutory right to removal vested after five days passed without a motion from the Department of Juvenile Justice to extend her…