Thursday, March 9, 2000
M.W. v. Arlonia Davis

No. 95,443

Place of Origin
Dade County

Facts
M.W. is a 16-year-old boy in the custody of the state since age 6 due to allegations that his mother neglected him and his nine brothers and sisters. Upon the recommendation of a psychiatrist and a psychologist, a dependency judge approved the request of the Department of Children and Families to place M.W. in a secured, residential psychiatric treatment facility. M.W.'s attorney filed a writ of habeas corpus alleging that children cannot be put involuntarily into a treatment program unless the state first complies with the Baker Act, Florida's law governing involuntary civil commitment. The Fourth District denied relief but certified the issue to the Supreme Court.