State v. S.C.W.
1998 Fla. App. LEXIS 11616, 718 So.2d 320 (1998)
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Rule of Law:
When a child has been released from state custody before a delinquency petition is filed and without receiving a formal notice to appear, first-class mail to their last known address is not 'proper service' for purposes of issuing a pickup order under Florida Statute § 985.207(1)(c), and trial courts retain discretion to decline such orders even if proper notice were given.
Facts:
- On September 16, 1997, J.A. (16) and E.G. (17) were taken into custody for loitering, prowling, and possession of burglary tools.
- J.A. and E.G. were released from a juvenile assessment center after intake and later provided last known addresses in Ronkonkoma, New York.
- In November 1997, the State mailed a notice of hearing, a summons, and a copy of the delinquency petition via first-class mail to J.A. and E.G.'s last known addresses.
- On August 28, 1997, W.S.T. (14) was taken into custody for battery arising from a school altercation, and was later released from a juvenile assessment center to her uncle, her legal guardian.
- Shortly after her release, W.S.T. was believed to have moved from Florida to Michigan to live with her mother, and then to Indiana with her grandmother.
- In November 1997, the State mailed a notice, summons, and delinquency petition to W.S.T.'s uncle's Florida address after she had moved.
- On May 20, 1997, S.C.W. (17) was taken into custody for possession of marijuana, provided his father's Largo, Florida address, and indicated his mother lived in Las Vegas, Nevada.
- In June 1997, the State mailed a summons and delinquency petition to S.C.W.'s father's address, and his father later informed the court that S.C.W. had left Florida for Seattle, Washington, to face more severe charges, providing a Seattle telephone number to a probation officer.
Procedural Posture:
- J.A., E.G., W.S.T., and S.C.W. were each taken into custody by law enforcement in separate incidents in 1997.
- The State filed petitions for delinquency against each juvenile in the appropriate Florida circuit court (the trial court/court of first instance).
- For J.A., E.G., and W.S.T., the State requested the trial court issue orders to take them into custody for failing to appear at arraignment.
- The trial court declined to issue these pickup orders for J.A., E.G., and W.S.T., reasoning it lacked established jurisdiction over the juveniles.
- For S.C.W., after he failed to appear for arraignment, the trial court initially appointed a public defender and entered an order declaring jurisdiction over him and the subject matter.
- After further attempts to secure a plea failed and S.C.W. still did not appear, the trial court refused to issue a pickup order, explaining in a January 1998 order that it lacked lawful authority to issue such an order for a juvenile no longer in state custody and not formally served.
- The State, as petitioner/appellant, filed two consolidated petitions for writ of certiorari or mandamus with the Florida Second District Court of Appeal, seeking to compel the trial court to issue the pickup orders.
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Issue:
Does first-class mail to a juvenile's last known address constitute "proper service" for issuing an order to take a child into custody under section 985.207(1)(c) when the child was released from state custody before a delinquency petition was filed and without receiving a Florida Rule of Juvenile Procedure 8.045 notice to appear, and is a trial court compelled to issue such an order upon the State's request?
Opinions:
Majority - Altenbernd
No, first-class mail to a juvenile's last known address does not constitute "proper service" under these circumstances, and a trial court is not compelled to issue such an order. The court concludes that proper notice for purposes of section 985.207(l)(c) requires more than a simple letter to a last known address if a child has been released from state custody before a petition for delinquency is filed and without receiving a notice to appear pursuant to Florida Rule of Juvenile Procedure 8.045. Florida Rule of Juvenile Procedure 8.040(a) specifically requires that a summons be issued and served upon a child "who is not detained." The State always has the option of giving actual notice via Rule 8.045 procedures while a child is detained, which expressly provides for an order to take into custody upon non-appearance. Furthermore, the court found that the use of the word "may" in section 985.207 indicates legislative intent to give the trial judge discretion concerning the power to issue pickup orders. Therefore, mandamus is not an appropriate remedy to compel such an act, as it only applies when an official has no discretion. The court also noted that the juveniles in these cases appeared to have left Florida permanently, the charges were relatively minor, and the expense of transporting them back to Florida would be significant, factors that align with the trial court's discretionary decision and do not constitute a departure from the essential requirements of law required for certiorari.
Analysis:
This case significantly clarifies the requirements for proper notice in juvenile delinquency proceedings, particularly when a juvenile has been released from custody and subsequently fails to appear. It establishes that standard first-class mail is insufficient for issuing a pickup order if the child was not formally served while detained or before release. The ruling also reinforces the broad discretionary power of trial judges in the juvenile justice system, especially concerning the issuance of pickup orders, making it challenging for the State to compel such actions through extraordinary writs like mandamus or certiorari. Future cases will likely see courts requiring more robust methods of service for non-detained juveniles or utilizing the Rule 8.045 notice to appear procedure to ensure proper jurisdiction for pickup orders.
