A.L.M. v. State

A.L.M. appeals a final disposition order adjudicating him delinquent, following his guilty plea to breach of the peace, and committing him to the custody of the Department of Juvenile Justice (“Department”) for placement in a non-secure residential program. He argues the trial court reversibly erred when it decided on a commitment restrictiveness level without first obtaining a recommendation from the Department. We agree.

Under section 985.433(7)(a), Florida Statutes (2014), if a court determines that a child should be adjudicated delinquent and committed to the Department’s custody, the…