M.P. v. State
M.P. v. State
Opinion of the Court
M.P. appeals from an order of disposition which found M.P. delinquent and committed M.P. to a Level 6 Moderate-Risk residential program. We affirm.
The commitment was despite a Department of Juvenile Justice (“DJJ”) recommendation that M.P. be returned to community control. M.P. contends on appeal that the trial court erred when it rejected the DJJ’s recommendation by not following the requirements of section 985.23(3)(c) Florida Statutes (2000).
[T]he youth has exhibited a continuing and persistent pattern of delinquent and [aberrant] behavior while on probation evidencing that probation is not an adequate restrictiveness level and, that a Moderate Risk restrictiveness level is appropriate. Obviously the youth needs include learning anger control and impulse control, and learning to participate in school work daily with no disciplinary referral, no tardiness, nor disruption, nor defiance, nor disrespect. The performance goals of this youth or any youth in a Moderate Risk commitment program are calculated to address those goals in addition to providing individual counseling and other appropriate intervention methods.
A trial court may not depart from the DJJ’s recommendation because it disagrees with the recommendation. A.G. v. State, 737 So.2d 1244 (Fla. 5th DCA 1999). However, the court may depart as long as it states reasons for the departure and those reasons are supported by a preponderance of the evidence. L.O. v. State, 718 So.2d 155, 157 (Fla. 1998). In this case, the court recognized that although M.P. was improving, M.P. was on community control when he committed the new offense. The trial court observed that M.P. was disruptive at school, was disrespectful toward teachers, and still had problems with anger management and impulse control. Further, the restrictiveness level of community control had not helped M.P. with his social adjustment or his school adjustment. The court concluded that M.P. needed the structure of the Moderate-Risk restrictiveness level.
We find that there is competent, substantial evidence in the record to support the trial court’s findings. We cannot say that the trial court abused its discretion when it rejected the DJJ’s recommendation. See D.E.R. v. State, 744 So.2d 1244 (Fla. 5th DCA 1999); J.L.O. v. State, 721 So.2d 440 (Fla. 5th DCA 1998); E.L. v. State, 715 So.2d 353 (Fla. 1st DCA 1998).
AFFIRMED.
. Fla. Stats. § 985.23(3)(c) reads:
The court shall commit the child to the department at the restrictiveness level identified or may order placement at different restrictiveness level. The court shall state for the record the reasons which establish by a preponderance of the evidence why the court is disregarding the assessment of the child and the restrictiveness level recommended by the department.
Reference
- Full Case Name
- M.P., A Child v. STATE of Florida
- Cited By
- 4 cases
- Status
- Published