P.Y. v. State

We reverse the disposition order in this juvenile delinquency case because the trial court did not adequately explain its basis for disregarding the recommendation the Department of Juvenile Justice (DJJ) made in its predisposition report to restore P.Y. to probation.

In a disposition proceeding, the court determines whether a culpable juvenile should be committed to the custody of the DJJ and, if so, at what restrictiveness level. § 985.433(6), Fla. Stat. (2007). “This determination shall include consideration of the recommendations of the department, which may include a predisposition…