Opinion
No. 2D11–6174.
2011-12-15
A.B., Appellant/Petitioner(s), v. Molly MULLIN, Superintendent, Appellee/Respondent(s).
BY ORDER OF THE COURT.
We grant the petition for writ of habeas corpus to the extent that we quash that portion of the Order Finding Contempt entered on or about December 12, 2011, in circuit court case number 11–00009 DT which sentenced A.B. to secure detention. We do not quash that portion of the order finding A.B. to be in indirect contempt of court for failing to attend school daily since the entry of a truancy order. Molly Mullin, as the Superintendent of the Collier Regional Juvenile Detention Center, shall immediately release A.B. from secure detention. Pursuant to section 984.09(2)(b), Florida Statutes (2011), the circuit court may place A.B. in a staff-secure shelter or a staff-secure residential facility, or, if such placement is not available, an appropriate mental health facility or substance abuse facility for assessment. In such instance, A.B. shall be given credit for the time spent in secure detention.
This court will issue an opinion in the near future in appellate case number 2D11–4944, a case involving a different child who was sentenced to secure detention after being held in indirect criminal contempt for failing to attend school daily since the entry of a truancy order. The basis for our decision in this case will be explained therein.