Senate Bill 2334

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    Florida Senate - 1998                                  SB 2334

    By Senator Myers





    27-1401-98

  1                      A bill to be entitled

  2         An act relating to children's mental health

  3         services and substance abuse services;

  4         transferring responsibility for such services

  5         from the Department of Children and Family

  6         Services to the Department of Health; amending

  7         s. 230.2317, F.S.; providing for membership of

  8         the Advisory Board for the Multiagency Service

  9         Network for Students with Severe Emotional

10         Disturbances; amending s. 394.455, F.S.;

11         redefining the term "department" for purposes

12         of the Florida Mental Act, to include both the

13         Department of Children and Family Services and

14         the Department of Health; amending s. 394.50,

15         F.S.; providing for supervision and control of

16         children's treatment centers by the Department

17         of Health; amending s. 394.60, F.S.; providing

18         for transfer of patients from such centers;

19         amending s. 394.67, F.S.; redefining the term

20         "department" for purposes of community alcohol,

21         drug abuse, and mental health services to

22         include both the Department of Children and

23         Family Services and the Department of Health;

24         amending s. 561.21, F.S.; providing for deposit

25         of certain revenues into the Children and

26         Adolescents Substance Abuse Trust Fund;

27         amending s. 984.225, F.S.; providing for

28         placement of children in need of services;

29         amending s. 985.06, F.S.; providing membership

30         of the interagency workgroup for youth in the

31         juvenile justice system; amending s. 985.21,

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  1         F.S.; requiring employees and agents of the

  2         Department of Health to cooperate with case

  3         managers of the Department of Juvenile Justice;

  4         amending s. 985.223, F.S.; providing

  5         responsibilities of the Department of Health

  6         with respect to incompetency evaluations of

  7         children alleged to be delinquent; providing

  8         for a committee to recommend to the Department

  9         of Children and Family Services and the

10         Department of Health the most efficient ways to

11         accomplish the transfer of responsibility

12         relating to children's mental health services

13         and children's substance abuse services;

14         providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  All powers, duties, functions, records,

19  personnel, property, and unexpended balances of

20  appropriations, allocations, and other funds of the Department

21  of Children and Family Services relating to children's mental

22  health and children's substance abuse are transferred by a

23  type two transfer, as defined in section 20.06, Florida

24  Statutes, to the Department of Health and assigned to the

25  Division of Children's Medical Services.  The Department of

26  Health may organize, classify, and manage the positions

27  transferred in a manner that will reduce duplication, achieve

28  maximum efficiency, and ensure accountability.

29         Section 2.  Subsection (2) of section 230.2317, Florida

30  Statutes, is amended to read:

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  1         230.2317  Educational multiagency services for students

  2  with severe emotional disturbance.--

  3         (2)  The Commissioner of Education, the Secretary of

  4  Health Children and Family Services, and the Secretary of

  5  Juvenile Justice shall appoint an equal number of members to

  6  the Advisory Board for the Multiagency Service Network for

  7  Students with Severe Emotional Disturbance. The duties and

  8  responsibilities of the advisory board shall include oversight

  9  of the multiagency service network to provide a continuum of

10  education, mental health treatment, and, when needed,

11  residential services for students with severe emotional

12  disturbance and to assess the impact of regional projects.

13         Section 3.  Subsection (8) of section 394.455, Florida

14  Statutes, is amended to read:

15         394.455  Definitions.--As used in this part, unless the

16  context clearly requires otherwise, the term:

17         (8)  "Department" means:

18         (a)  The Department of Children and Family Services,

19  when referring to services provided to adults; or

20         (b)  The Department of Health, when referring to

21  services provided to minors.

22         Section 4.  Section 394.50, Florida Statutes, is

23  amended to read:

24         394.50  Children's residential and day treatment

25  centers.--There are established in this state children's

26  residential and day treatment centers which shall be under the

27  supervision and control of the Department of Health and

28  Rehabilitative Services. The purpose of the centers shall be

29  to provide for evaluation, care, treatment, and education of

30  emotionally, mentally, or behaviorally disturbed children.

31  The department is authorized to develop children's residential

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  1  and day treatment centers and children's programs in such

  2  locations as it deems appropriate and within the limits of

  3  funds appropriated by the Legislature.

  4         Section 5.  Section 394.60, Florida Statutes, is

  5  amended to read:

  6         394.60  Transfer of patients.--If the director of a

  7  center upon advice of his or her clinical staff determines

  8  that any child at the center is not responding to or

  9  benefiting from the treatment and education programs at the

10  center and that such child is in need of further care,

11  rehabilitation, special training, education, and treatment and

12  would be more suitably cared for, rehabilitated, trained,

13  educated, and treated at another of the state facilities under

14  the Department of Health or at a facility under the Department

15  of Children and Family and Rehabilitative Services, the center

16  shall request the child's transfer to the proper facility.

17  Transfers of such child to a mental health facility or

18  retardation facility shall follow the procedures as set forth

19  in part I of chapter 394 and chapter 393, respectively.

20         Section 6.  Subsection (3) of section 394.67, Florida

21  Statutes, is amended to read:

22         394.67  Definitions.--When used in this part, unless

23  the context clearly requires otherwise, the term:

24         (3)  "Department" means:

25         (a)  The Department of Children and Family Health and

26  Rehabilitative Services, when referring to services provided

27  to adults; or

28         (b)  The Department of Health, when referring to

29  services provided to minors.

30         Section 7.  Paragraph (a) of subsection (4) of section

31  561.121, Florida Statutes, is amended to read:

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  1         561.121  Deposit of revenue.--

  2         (4)  State funds collected pursuant to s. 561.501 shall

  3  be paid into the State Treasury and credited to the following

  4  accounts:

  5         (a)  Nine and eight-tenths of the surcharge on the sale

  6  of alcoholic beverages for consumption on premises shall be

  7  transferred to the Children and Adolescents Substance Abuse

  8  Trust Fund, which shall remain with the Department of Health

  9  and Rehabilitative Services for the purpose of funding

10  programs directed at reducing and eliminating substance abuse

11  problems among children and adolescents.

12         Section 8.  Effective July 1, 1999, paragraph (b) of

13  subsection (1) of section 561.121, Florida Statutes, as

14  amended by chapter 97-213, Laws of Florida, is amended to

15  read:

16         561.121  Deposit of revenue.--

17         (1)  All state funds collected pursuant to ss. 563.05,

18  564.06, and 565.12 shall be paid into the State Treasury and

19  disbursed in the following manner:

20         (b)  Ten million dollars annually shall be transferred

21  to the Children and Adolescents Substance Abuse Trust Fund,

22  which shall remain with the Department of Health Children and

23  Family Services for the purpose of funding programs directed

24  at reducing and eliminating substance abuse problems among

25  children and adolescents.

26         Section 9.  Subsection (7) of section 984.225, Florida

27  Statutes, is amended to read:

28         984.225  Powers of disposition; placement in a

29  staff-secure shelter.--

30         (7)  If the child requires residential mental health

31  treatment or residential care for a developmental disability,

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  1  the court shall refer the child to the Department of Children

  2  and Family Services for the provision of necessary services.

  3  If the child requires residential mental health treatment, the

  4  court shall refer the child to the Department of Health for

  5  the provision of necessary services.

  6         Section 10.  Subsection (2) of section 985.06, Florida

  7  Statutes, is amended to read:

  8         985.06  Statewide information-sharing system;

  9  interagency workgroup.--

10         (2)  The interagency workgroup shall be coordinated

11  through the Department of Education and shall include

12  representatives from the state agencies specified in

13  subsection (1), school superintendents, school district

14  information system directors, principals, teachers, juvenile

15  court judges, police chiefs, county sheriffs, clerks of the

16  circuit court, the Department of Children and Family Services,

17  the Department of Health, providers of juvenile services

18  including a provider from a juvenile substance abuse program,

19  and district juvenile justice managers.

20         Section 11.  Paragraph (a) of subsection (1) of section

21  985.21, Florida Statutes, is amended to read:

22         985.21  Intake and case management.--

23         (1)(a)  During the intake process, the intake counselor

24  shall screen each child to determine:

25         1.  Appropriateness for release, referral to a

26  diversionary program including, but not limited to, a

27  teen-court program, referral for community arbitration, or

28  referral to some other program or agency for the purpose of

29  nonofficial or nonjudicial handling.

30         2.  The presence of medical, psychiatric,

31  psychological, substance abuse, educational problems, or other

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  1  conditions that may have caused the child to come to the

  2  attention of law enforcement or the Department of Juvenile

  3  Justice. In cases where such conditions are identified, and a

  4  nonjudicial handling of the case is chosen, the intake

  5  counselor shall attempt to refer the child to a program or

  6  agency, together with all available and relevant assessment

  7  information concerning the child's precipitating condition.

  8         3.  The Department of Juvenile Justice shall develop a

  9  case management system whereby a child brought into intake is

10  assigned a case manager if the child was not released,

11  referred to a diversionary program, referred for community

12  arbitration, or referred to some other program or agency for

13  the purpose of nonofficial or nonjudicial handling, and shall

14  make every reasonable effort to provide continuity of case

15  management for the child; provided, however, that case

16  management for children committed to residential programs may

17  be transferred as provided in s. 985.316.

18         4.  In addition to duties specified in other sections

19  and through departmental rules, the assigned case manager

20  shall be responsible for the following:

21         a.  Ensuring that a risk assessment instrument

22  establishing the child's eligibility for detention has been

23  accurately completed and that the appropriate recommendation

24  was made to the court.

25         b.  Inquiring as to whether the child understands his

26  or her rights to counsel and against self-incrimination.

27         c.  Performing the preliminary screening and making

28  referrals for comprehensive assessment regarding the child's

29  need for substance abuse treatment services, mental health

30  services, retardation services, literacy services, or other

31  educational or treatment services.

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  1         d.  Coordinating the multidisciplinary assessment when

  2  required, which includes the classification and placement

  3  process that determines the child's priority needs, risk

  4  classification, and treatment plan. When sufficient evidence

  5  exists to warrant a comprehensive assessment and the child

  6  fails to voluntarily participate in the assessment efforts, it

  7  is the responsibility of the case manager to inform the court

  8  of the need for the assessment and the refusal of the child to

  9  participate in such assessment. This assessment,

10  classification, and placement process shall develop into the

11  predisposition report.

12         e.  Making recommendations for services and

13  facilitating the delivery of those services to the child,

14  including any mental health services, educational services,

15  family counseling services, family assistance services, and

16  substance abuse services. The delinquency case manager shall

17  serve as the primary case manager for the purpose of managing,

18  coordinating, and monitoring the services provided to the

19  child. Each program administrator within the Department of

20  Children and Family Services and each employee or agent of the

21  Division of Children's Medical Services providing

22  mental-health services or substance-abuse services to the

23  child shall cooperate with the primary case manager in

24  carrying out the duties and responsibilities described in this

25  section.

26

27  The Department of Juvenile Justice shall annually advise the

28  Legislature and the Executive Office of the Governor of the

29  resources needed in order for the case management system to

30  maintain a staff-to-client ratio that is consistent with

31  accepted standards and allows the necessary supervision and

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  1  services for each child. The intake process and case

  2  management system shall provide a comprehensive approach to

  3  assessing the child's needs, relative risks, and most

  4  appropriate handling, and shall be based on an individualized

  5  treatment plan.

  6         Section 12.  Section 985.223, Florida Statutes, is

  7  amended to read:

  8         985.223  Incompetency in juvenile delinquency cases.--

  9         (1)  If, at any time prior to or during a delinquency

10  case involving a delinquent act or violation of law that would

11  be a felony if committed by an adult, the court has reason to

12  believe that the child named in the petition may be

13  incompetent to proceed with the hearing, the court on its own

14  motion may, or on the motion of the child's attorney or state

15  attorney must, stay all proceedings and order an evaluation of

16  the child's mental condition.

17         (a)  All determinations of competency shall be made at

18  a hearing, with findings of fact based on an evaluation of the

19  child's mental condition by not less than two nor more than

20  three experts appointed by the court.  If the determination of

21  incompetency is based on the presence of a mental illness or

22  mental retardation, this must be stated in the evaluation.  In

23  addition, a recommendation as to whether residential or

24  nonresidential treatment or training is required must be

25  included in the evaluation.  All court orders determining

26  incompetency must include specific findings by the court as to

27  the nature of the incompetency.

28         (b)  For incompetency evaluations related to mental

29  illness, the Department of Health Children and Family Services

30  shall annually provide the courts with a list of mental health

31  professionals who have completed a training program approved

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  1  by the Department of Health Children and Family Services to

  2  perform the evaluations.

  3         (c)  For incompetency evaluations related to mental

  4  retardation, the court shall order the Developmental Services

  5  Program Office within the Department of Children and Family

  6  Services to examine the child to determine if the child meets

  7  the definition of "retardation" in s. 393.063 and, if so,

  8  whether the child is competent to proceed with delinquency

  9  proceedings.

10         (d)  A child is competent to proceed if the child has

11  sufficient present ability to consult with counsel with a

12  reasonable degree of rational understanding and the child has

13  a rational and factual understanding of the present

14  proceedings.  The report must address the child's capacity to:

15         1.  Appreciate the charges or allegations against the

16  child.

17         2.  Appreciate the range and nature of possible

18  penalties that may be imposed in the proceedings against the

19  child, if applicable.

20         3.  Understand the adversarial nature of the legal

21  process.

22         4.  Disclose to counsel facts pertinent to the

23  proceedings at issue.

24         5.  Display appropriate courtroom behavior.

25         6.  Testify relevantly.

26         (2)  Every child who is adjudicated incompetent to

27  proceed may be involuntarily committed to the Department of

28  Health or to the Department of Children and Family Services

29  for treatment upon a finding by the court of clear and

30  convincing evidence that:

31

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  1         (a)  The child is mentally ill and because of the

  2  mental illness; or the child is mentally retarded and because

  3  of the mental retardation:

  4         1.  The child is manifestly incapable of surviving with

  5  the help of willing and responsible family or friends,

  6  including available alternative services, and without

  7  treatment the child is likely to either suffer from neglect or

  8  refuse to care for self, and such neglect or refusal poses a

  9  real and present threat of substantial harm to the child's

10  well-being; or

11         2.  There is a substantial likelihood that in the near

12  future the child will inflict serious bodily harm on self or

13  others, as evidenced by recent behavior causing, attempting,

14  or threatening such harm; and

15         (b)  All available less restrictive alternatives,

16  including treatment in community residential facilities or

17  community inpatient or outpatient settings which would offer

18  an opportunity for improvement of the child's condition, are

19  inappropriate.

20         (3)  Each child who has been adjudicated incompetent to

21  proceed and who meets the criteria for commitment in

22  subsection (2), must be committed to the Department of Health

23  or the Department of Children and Family Services, as

24  appropriate, and that department may retain, and if it retains

25  must treat, the child in the least restrictive alternative

26  consistent with public safety.  Any commitment of a child to a

27  residential program must be separate from adult forensic

28  programs.  If the child attains competency, case management

29  and supervision of the child will be transferred to the

30  department in order to continue delinquency proceedings;

31  however, the court retains authority to order the Department

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  1  of Children and Family Services to provide continued treatment

  2  to maintain competency.

  3         (a)  A child adjudicated incompetent due to mental

  4  retardation may be ordered into a program designated by the

  5  Department of Children and Family Services for retarded

  6  children.

  7         (b)  A child adjudicated incompetent due to mental

  8  illness may be ordered into a program designated by the

  9  Department of Health Children and Family Services for mentally

10  ill children.

11         (c)  Not later than 6 months after the date of

12  commitment, or at the end of any period of extended treatment

13  or training, or at any time the service provider determines

14  the child has attained competency or no longer meets the

15  criteria for commitment, the service provider must file a

16  report with the court pursuant to the applicable Rules of

17  Juvenile Procedure.

18         (4)  If a child is determined to be incompetent to

19  proceed, the court shall retain jurisdiction of the child for

20  up to 2 years after the date of the order of incompetency,

21  with reviews at least every 6 months to determine competency.

22  If the court determines at any time that the child will never

23  become competent to proceed, the court may dismiss the

24  delinquency petition. If, at the end of the 2-year period

25  following the date of the order of incompetency, the child has

26  not attained competency and there is no evidence that the

27  child will attain competency within a year, the court must

28  dismiss the delinquency petition.  If necessary, the court may

29  order that proceedings under chapter 393 or chapter 394 be

30  instituted.  Such proceedings must be instituted not less than

31  60 days prior to the dismissal of the delinquency petition.

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  1         (5)  If a child who is found to be incompetent does not

  2  meet the commitment criteria of subsection (2), the court may

  3  order the Department of Health or the Department of Children

  4  and Family Services, as appropriate, to provide appropriate

  5  treatment and training in the community.  All court-ordered

  6  treatment or training must be the least restrictive

  7  alternative that is consistent with public safety.  Any

  8  commitment to a residential program must be separate from

  9  adult forensic programs.  If a child is ordered to receive

10  such services, the services shall be provided by the

11  Department of Health or the Department of Children and Family

12  Services. The department shall continue to provide case

13  management services to the child and receive notice of the

14  competency status of the child.  The competency determination

15  must be reviewed at least every 6 months by the service

16  provider, and a copy of a written report evaluating the

17  child's competency must be filed by the provider with the

18  court and with the Department of Health or Department of

19  Children and Family Services and the department.

20         (6)  The provisions of this section shall be

21  implemented only subject to specific appropriation.

22         Section 13.  Effective July 1, 1998, the Secretary of

23  Children and Family Services shall appoint three

24  representatives of the Department of Children and Family

25  Services and the Secretary of Health shall appoint three

26  representatives of the Department of Health to a committee the

27  function of which is to recommend to the respective

28  departments the most efficient means of carrying out the

29  transfer prescribed in this act.  The committee shall also

30  recommend to the departments how they should fulfill their

31  shared responsibilities under chapter 394, Florida Statutes.

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  1  The Governor shall appoint the chairman of the committee.  The

  2  committee must hold its first meeting by July 15, 1998, and

  3  must report its recommendations to the respective departments

  4  by November 2, 1998.

  5         Section 14.  Except as otherwise provided in this act,

  6  this act shall take effect January 1, 1999.

  7

  8            *****************************************

  9                          SENATE SUMMARY

10    Transfers powers, duties, responsibilities, personnel,
      and assets of the Department of Children and Family
11    Services relating to children's mental health services
      and children's substance abuse services to the Department
12    of Health.

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