Legal Opinion

W.G. v. State

District Court of Appeal of Florida

Decided September 14, 2005No. 4D05-2033PublishedCited by 4 opinions

1Per curiam

W.G., a juvenile, petitions for a writ of certiorari, seeking relief from a trial court order that required him to attend nonresidential competency restorative services at a private facility. We grant the petition and quash the trial court’s order because section 985.223(6)(c), Florida Statutes (2004), requires that any competency restorative services must be provided by the Department of Children and Family Services (DCF). Further, a plain reading of the statute addressing incompetency in juvenile delinquency proceedings indicates that a trial court is prevented from ordering any competency…

2Cases cited4 opinions

  1. City of Miami Beach v. GalbutSupreme Court of Florida · 1993
  2. Department of Children & Families v. EMSDistrict Court of Appeal of Florida · 2003
  3. Dept. of Children and Family v. Aa St. M.District Court of Appeal of Florida · 1998
  4. Department of Children and Fam. v. WmjDistrict Court of Appeal of Florida · 2003

3Cited by4 opinions

  1. Gallagher v. Manatee CountyDistrict Court of Appeal of Florida · 2006
  2. Royal Palm Village Residents, Inc. v. SliderDistrict Court, M.D. Florida · 2021
  3. STATE OF FLORIDA v. SHANE MANCUSODistrict Court of Appeal of Florida · 2023
  4. WG v. StateDistrict Court of Appeal of Florida · 2005

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