5D2023-2362
DCF sought certiorari to quash a circuit court order committing a juvenile to DCF for competency restoration services, where evaluators found the minor incompetent due to age/immaturity rather than mental illness, intellectual disability, or autism. The Fifth DCA granted the petition, holding that section 985.19(2) expressly bars commitment to DCF for restoration services when incompetence stems from age or immaturity rather than a qualifying mental condition. The court also noted, without resolving, that the competency evaluations relied upon were stale by the time of the commitment order.
Key facts
- Department of Children and Families sought certiorari review of a circuit court order committing a juvenile to DCF for competency restoration services.
- Two evaluators found the juvenile incompetent due to age and immaturity rather than mental illness, intellectual disability, or autism.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies a statutory limit on juvenile competency commitments: DCF cannot be ordered to provide restoration services when the juvenile's incompetence is attributable to age/immaturity rather than an… — full analysis with a trial
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