Summary
affirming commitment at restrictiveness level 8, but reversing portion of order requiring placement in a specific facility
Summary of this case from State, Dept., Juvenile Just. v. E.ROpinion
Case Nos. 96-3086, 96-3970 97-1500
Opinion filed February 4, 1998 JANUARY TERM 1998
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard B. Burk, Judge; L.T. Case No. CJ 95-7687 JM.
Alan R. Dakan, Assistant General Counsel of Department of Juvenile Justice, Tallahassee for appellant.
Victoria Vilchez-Sinclair, West Palm Beach, for appellee.
This is a consolidated appeal from 1996 and 1997 orders involving a juvenile who has been adjudicated delinquent as well as dependent. We reverse the most recent order because of the absence of proper notice. As for the 1996 orders, while we affirm that part of the order committing E.W. to a restrictiveness level 8, we reverse his placement in a specific facility. See State, ex. rel. Department of Health and Rehabilitative Servs. v. Nourse, 437 So.2d 221 (Fla. 4th DCA 1983); Department of Health and Rehabilitative Servs. v. State, 616 So.2d 91 (Fla. 5th DCA 1993).In the Interest of L.W., 615 So.2d 834 (Fla. 4th DCA 1993) is not persuasive as the juvenile's placement in that case was pursuant to her dependency. Here, E.W.'s placement was pursuant to his adjudication of delinquency.
We also reverse the ordering of placement within five days.See Department of Health Rehabilitative Servs. v. State, 625 So.2d 92 (Fla. 5th DCA 1993).
Counsel for the juvenile and his mother waited until the day prior to oral argument here to file a waiver of oral argument, occasioning needless cost and inconvenience to appellant and its counsel. We disapprove of such tardiness.
GLICKSTEIN, DELL, and POLEN, JJ., concur.