T.S. v. State
The Second DCA affirmed a juvenile's adjudication of delinquency for lewd or lascivious molestation but reversed the disposition because the trial court failed to follow the procedural requirements set forth in E.A.R. v. State when upwardly departing from the DJJ's recommended restrictiveness level. The court held the trial judge did not adequately articulate the differing characteristics of the restrictiveness levels or explain why the chosen level better served both rehabilitation and public safety, remanding for more specific findings or a disposition consistent with the DJJ recommendation.
Key facts
- T.S., a juvenile, was adjudicated delinquent for lewd or lascivious molestation in trial court.
- The trial court imposed a disposition that departed upward from the Department of Juvenile Justice's recommended restrictiveness level without adequately articulating the differing characteristics of the levels or explaining why the chosen level better served rehabilitation and public safety.
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Why it matters
This opinion reinforces and applies the rigorous E.A.R. framework governing judicial departures from DJJ disposition recommendations in juvenile delinquency cases, giving practitioners a concrete example of findings… — full analysis with a trial
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