The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 984
CHILDREN AND FAMILIES IN NEED OF SERVICES

View Entire Chapter

F.S. 984.13

984.13 Taking into custody a child alleged to be from a family in need of services or to be a child in need of services.—

(1) A child may be taken into custody:

(a) By a law enforcement officer when the officer has reasonable grounds to believe that the child has run away from his or her parents, guardian, or other legal custodian.

(b) By a law enforcement officer when the officer has reasonable grounds to believe that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent or legal guardian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, “school system site” includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer shall deliver the child to the parent or legal guardian, to a location determined by the parent or guardian, or to a designated truancy interdiction site until the parent or guardian can be located.

(c) Pursuant to an order of the circuit court based upon sworn testimony before or after a petition is filed under s. 984.15.

(d) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter.

(2) The person taking the child into custody shall:

(a) Release the child to a parent, guardian, legal custodian, or responsible adult relative or to a department-approved family-in-need-of-services and child-in-need-of-services provider if the person taking the child into custody has reasonable grounds to believe the child has run away from a parent, guardian, or legal custodian; is truant; or is beyond the control of the parent, guardian, or legal custodian; following such release, the person taking the child into custody shall make a full written report to the intake office of the department within 3 days; or

(b) Deliver the child to the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is from a family in need of services.

(3) If the child is taken into custody by, or is delivered to, the department, the appropriate representative of the department shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in custody or be released. Unless shelter is required as provided in s. 984.14(1), the department shall:

(a) Release the child to his or her parent, guardian, or legal custodian, to a responsible adult relative, to a responsible adult approved by the department, or to a department-approved family-in-need-of-services and child-in-need-of-services provider; or

(b) Authorize temporary services and treatment that would allow the child alleged to be from a family in need of services to remain at home.

History.—s. 8, ch. 87-133; s. 1, ch. 89-20; s. 232, ch. 95-147; s. 6, ch. 95-280; s. 20, ch. 96-398; s. 99, ch. 97-238; s. 23, ch. 2000-235.

Note.—Former s. 39.421.

F.S. 984.13 on Google Scholar

F.S. 984.13 on Casetext

Amendments to 984.13

Arrestable Offenses / Crimes under Fla. Stat. 984.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 984.13.

Annotations, Discussions, Cases:

Cases from cite.case.law:

A. J. R. v. STATE, 206 So.3d 140 (Fla. Dist. Ct. App. 2016)

. . . Ill The disposition of this case turns on the proper construction of section 984.13(l)(b). . . . Section 984.13(l)(b) is not the only statute governing truancy. . . . Against this backdrop, we return to section 984.13(b). . . . Rather, section 984.13(b) is like section 1003.26(3). . . . Compare § 984.13(b), with § 1003.26(3). . . .

J. R. a v. STATE, 149 So. 3d 1196 (Fla. Dist. Ct. App. 2014)

. . . Section 984.13(l)(a), Florida Statutes (2013), states in relevant part: (1) A child may be taken into . . . miss school based on his observations of J.R.’s movements and location before school started, section 984.13 . . .

D. J. D. a v. STATE, 143 So. 3d 1115 (Fla. Dist. Ct. App. 2014)

. . . See § 984.13, Fla. . . . See § 984.13(l)(a), Fla. Stat. (2011). . . .

R. A. S. v. STATE, 141 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . . § 984.13(l)(b), Fla. Stat. (2012). . . . Fla. 11-08 (2011) (stating that when an officer has taken a juvenile into custody pursuant to section 984.13 . . .

M. J. a v. STATE, 121 So. 3d 1151 (Fla. Dist. Ct. App. 2013)

. . . Section 984.13, Florida Statutes (2012), allows a law enforcement officer to take a child “into custody . . . purpose of delivering the child without unreasonable delay to the appropriate school system site.” § 984.13 . . .

C. COLLINS, v. STATE, 125 So. 3d 1046 (Fla. Dist. Ct. App. 2013)

. . . Both cases, however, concern Florida’s truancy statute, Chapter 984.13, Florida Statutes (2007), and . . .

L. C. a v. STATE, 105 So. 3d 635 (Fla. Dist. Ct. App. 2013)

. . . therefore, Officer Rivers did not have the authority to take L.C. into “custody” as set forth in section 984.13 . . . Section 984.13(l)(b) permits a law enforcement officer to take a child into custody when the officer . . . Specifically, section 984.13(l)(b) provides: (1) A child may be taken into custody: (b) By a law enforcement . . .

P. B. a v. STATE, 95 So. 3d 944 (Fla. Dist. Ct. App. 2012)

. . . nothing wrong, on the officer’s allegedly reasonable ground to take her into custody under section 984.13 . . . See § 984.13(l)(b), Fla. Stat. (2009). . . .

D. O. a v. STATE, 77 So. 3d 787 (Fla. Dist. Ct. App. 2011)

. . . presented is this: upon lawfully taking a juvenile truant into custody pursuant to its duty under section 984.13 . . . Section 984.13 was created to authorize and obligate law enforcement officers to serve as the initial . . . treatment that would allow the child alleged to be from a family in need of services to remain at home. § 984.13 . . . Section 984.13(l)(b) authorizes a police officer to take into custody a child whom (s)he has reasonable . . . further analysis, a pat-down search of a juvenile which “followed a Terry stop justified under section 984.13 . . .

A. B. S. v. STATE, 51 So. 3d 1181 (Fla. Dist. Ct. App. 2010)

. . . A.B.S. was taken into custody as a possible runaway in need of services pursuant to section 984.13, Florida . . . Circumstances that allow a juvenile to be taken into custody under section 984.13 are not crimes; therefore . . .

K. C. a v. STATE, 31 So. 3d 934 (Fla. Dist. Ct. App. 2010)

. . . . § 984.13(l)(b), Fla. Stat. (2008); L.R.D. v. State, 876 So.2d 598 (Fla. 5th DCA 2004). . . .

E. P. a v. STATE, 997 So. 2d 1240 (Fla. Dist. Ct. App. 2008)

. . . found on the juvenile’s person after a pat down which followed a Terry stop justified under section 984.13 . . .

EVANS, v. UNITED STATES,, 74 Fed. Cl. 554 (Fed. Cl. 2006)

. . . . §§ 984.4, 984.13, 984.14 (handler includes any person who "put[s] walnuts ... in the current of commerce . . .

L. R. D. JR. A v. STATE, 876 So. 2d 598 (Fla. Dist. Ct. App. 2004)

. . . .” § 984.13(l)(b), Fla. Stat. (emphasis supplied). . . .

STATE v. A. J. a, 720 So. 2d 1156 (Fla. Dist. Ct. App. 1998)

. . . As concerns the stop of A.J., we agree with the state that section 984.13(l)(b), Florida Statutes (1997 . . . authorization, for the purpose of delivering the child without unreasonable delay to the school system. § 984.13 . . .