C.N.W. v. State

C.N.W., a juvenile, petitions this court for a writ of habeas corpus, alleging that she is being detained in secure detention in contravention of the statutory law of this state. We agree and grant the petition.

C.N.W. was arrested on a charge of domestic violence battery upon her mother. The following day, a detention hearing was held pursuant to section 985.215(2), Florida Statutes (2005), and the trial court scored the Risk Assessment Instrument (RAI) at twelve points, authorizing secure detention. The court also heard testimony relating to C.N.W.’s “severe” drug problem, the fact that she…