Legal Opinion
Department of Children & Family Services v. J.W.
District Court of Appeal of Florida
Decided December 10, 2004No. 2D03-5766PublishedCited by 5 opinions
1Opinion of the Court
SILBERMAN, Judge.
The Department of Children and Family Services appeals an order denying its motion to place J.W., a dependent child, into a residential mental health treatment facility.1 The trial court denied the motion after concluding that the Department had not established by clear and convincing evidence that residential treatment was the least restrictive means of treating J.W. We reverse and remand for a new hearing on the Department’s motion.
The Department filed a motion pursuant to Florida Rule of Juvenile Procedure 8.350 seeking to place J.W. into a residential mental health…
2Cases cited5 opinions
- Parham v. J. R.Supreme Court of the United States · 1979
- MW v. DavisSupreme Court of Florida · 2000
- In Re the Commitment of N.N.Supreme Court of New Jersey · 1996
- Amendment to Rules of Juvenile Proc. 8.350Supreme Court of Florida · 2003
- Heathco v. State Department of Human ResourcesCourt of Civil Appeals of Alabama · 1988
3Cited by5 opinions
- D.K.B. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2005
- N.L.E. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2007
- Tuluksak Native Community v. State of Alaska, DHSS, OCSAlaska Supreme Court · 2023
- G.T. v. Department of Children & Family ServicesDistrict Court of Appeal of Florida · 2006
- Department of Revenue v. M.J.M.District Court of Appeal of Florida · 2017