State of Florida v. D.A., a child

In this appeal, the State challenges the trial court’s final order sua sponte dismissing its petition for delinquency. We reverse and hold that the trial court imper-missibly relied on section 985.0301(6), Florida Statutes (2014), to sua sponte dismiss the petition before the initial adjudicatory hearing. See State v. W.D., 112 So.3d 702, 703 (Fla. 4th DCA 2013).

By way of background, the State filed a delinquency petition against D.A. in January of 2012, based on allegations that he trespassed on school grounds. D.A. was scheduled for intake into a juvenile diver sion program, but failed to…