Senate Bill 2334c1
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Florida Senate - 1998 CS for SB 2334
By the Committee on Health Care and Senator Myers
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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 Health Act, to include
13 both the Department of Children and Family
14 Services and the Department of Health; amending
15 s. 394.67, F.S.; redefining the term
16 "department" for purposes of community alcohol,
17 drug abuse, and mental health services to
18 include both the Department of Children and
19 Family Services and the Department of Health;
20 creating s. 394.91, F.S.; providing for
21 alcohol, drug abuse, and mental health services
22 responsibilities for the Department of Health;
23 amending s. 397.311, F.S.; redefining the term
24 "department" for purposes of alcohol and drug
25 abuse services; amending s. 561.121, F.S.;
26 providing for deposit of certain revenues into
27 the Children and Adolescents Substance Abuse
28 Trust Fund; amending s. 984.225, F.S.;
29 providing for placement of children in need of
30 services; amending s. 985.06, F.S.; providing
31 membership of the interagency workgroup for
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1 youth in the juvenile justice system; amending
2 s. 985.21, F.S.; requiring employees and agents
3 of the Department of Health to cooperate with
4 case managers of the Department of Juvenile
5 Justice; amending s. 985.223, F.S.; providing
6 responsibilities of the Department of Health
7 with respect to incompetency evaluations of
8 children alleged to be delinquent; providing
9 for a committee to recommend to the Department
10 of Children and Family Services and the
11 Department of Health the most efficient ways to
12 accomplish the transfer of responsibility
13 relating to children's mental health services
14 and children's substance abuse services;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. All powers, duties, functions, records,
20 personnel, property, and unexpended balances of
21 appropriations, allocations, and other funds of the Department
22 of Children and Family Services relating to children's mental
23 health and children's substance abuse are transferred by a
24 type two transfer, as defined in section 20.06, Florida
25 Statutes, to the Department of Health and assigned to the
26 Division of Children's Medical Services. The Department of
27 Health may organize, classify, and manage the positions
28 transferred in a manner that will reduce duplication, achieve
29 maximum efficiency, and ensure accountability.
30 Section 2. Subsection (2) of section 230.2317, Florida
31 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, the Secretary of Children and Family Services, and the
5 Secretary of Juvenile Justice shall appoint an equal number of
6 members to the Advisory Board for the Multiagency Service
7 Network for Students with Severe Emotional Disturbance. The
8 duties and responsibilities of the advisory board shall
9 include oversight of the multiagency service network to
10 provide a continuum of education, mental health treatment,
11 and, when needed, residential services for students with
12 severe emotional disturbance and to assess the impact of
13 regional projects.
14 Section 3. Subsection (8) of section 394.455, Florida
15 Statutes, is amended to read:
16 394.455 Definitions.--As used in this part, unless the
17 context clearly requires otherwise, the term:
18 (8) "Department" means:
19 (a) The Department of Children and Family Services,
20 when referring to services provided to adults; or
21 (b) The Department of Health, when referring to
22 services provided to children and adolescents.
23 Section 4. Subsection (3) of section 394.67, Florida
24 Statutes, is amended to read:
25 394.67 Definitions.--When used in this part, unless
26 the context clearly requires otherwise, the term:
27 (3) "Department" means:
28 (a) The Department of Children and Family Health and
29 Rehabilitative Services, when referring to services provided
30 to adults; or
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1 (b) The Department of Health, when referring to
2 services provided to children and adolescents.
3 Section 5. Section 394.91, Florida Statutes, is
4 created to read:
5 394.91 Alcohol, drug abuse, and mental health services
6 for children and adolescents; responsibilities of the
7 Department of Health.--
8 (1) The Department of Health shall, to the extent that
9 funding is available and when not in conflict with any other
10 provisions of this part, contract for the establishment and
11 operation of alcohol, drug abuse, and mental health services
12 for children and adolescents with any appropriate local
13 service provider, as defined in s. 394.67(12).
14 (2) The Department of Health shall be responsible for
15 the development of that portion of the state alcohol, drug
16 abuse, and mental health plan relating to children and
17 adolescents.
18 (3) Contracts for services must be performance-based
19 and must be consistent with the state alcohol, drug abuse, and
20 mental health plan for children and adolescents.
21 (4) Performance outcomes, measures, and standards as
22 approved by the Legislature as part of the 1998-1999 General
23 Appropriations Act shall be the responsibility of the
24 Department of Health in the execution of contracted services.
25 Section 6. Subsection (9) of section 397.311, Florida
26 Statutes, is amended to read:
27 397.311 Definitions.--As used in this chapter, except
28 part VIII:
29 (9) "Department" means:
30 (a) The Department of Health, when referring to
31 services provided to minors or juveniles; or
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1 (b) The Department of Children and Family Services,
2 when referring to services provided to adults and
3 Rehabilitative Services.
4 Section 7. Paragraph (a) of subsection (4) of section
5 561.121, Florida Statutes, is amended to read:
6 561.121 Deposit of revenue.--
7 (4) State funds collected pursuant to s. 561.501 shall
8 be paid into the State Treasury and credited to the following
9 accounts:
10 (a) Nine and eight-tenths of the surcharge on the sale
11 of alcoholic beverages for consumption on premises shall be
12 transferred to the Children and Adolescents Substance Abuse
13 Trust Fund, which shall remain with the Department of Health
14 and Rehabilitative Services for the purpose of funding
15 programs directed at reducing and eliminating substance abuse
16 problems among children and adolescents.
17 Section 8. Effective July 1, 1999, paragraph (b) of
18 subsection (1) of section 561.121, Florida Statutes, as
19 amended by chapter 97-213, Laws of Florida, is amended to
20 read:
21 561.121 Deposit of revenue.--
22 (1) All state funds collected pursuant to ss. 563.05,
23 564.06, and 565.12 shall be paid into the State Treasury and
24 disbursed in the following manner:
25 (b) Ten million dollars annually shall be transferred
26 to the Children and Adolescents Substance Abuse Trust Fund,
27 which shall remain with the Department of Health Children and
28 Family Services for the purpose of funding programs directed
29 at reducing and eliminating substance abuse problems among
30 children and adolescents.
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1 Section 9. Subsection (7) of section 984.225, Florida
2 Statutes, is amended to read:
3 984.225 Powers of disposition; placement in a
4 staff-secure shelter.--
5 (7) If the child requires residential mental health
6 treatment or residential care for a developmental disability,
7 the court shall refer the child to the Department of Children
8 and Family Services for the provision of necessary services.
9 If the child requires residential mental health treatment, the
10 court shall refer the child to the Department of Health for
11 the provision of necessary services.
12 Section 10. Subsection (2) of section 985.06, Florida
13 Statutes, is amended to read:
14 985.06 Statewide information-sharing system;
15 interagency workgroup.--
16 (2) The interagency workgroup shall be coordinated
17 through the Department of Education and shall include
18 representatives from the state agencies specified in
19 subsection (1), school superintendents, school district
20 information system directors, principals, teachers, juvenile
21 court judges, police chiefs, county sheriffs, clerks of the
22 circuit court, the Department of Children and Family Services,
23 the Department of Health, providers of juvenile services
24 including a provider from a juvenile substance abuse program,
25 and district juvenile justice managers.
26 Section 11. Paragraph (a) of subsection (1) of section
27 985.21, Florida Statutes, is amended to read:
28 985.21 Intake and case management.--
29 (1)(a) During the intake process, the intake counselor
30 shall screen each child to determine:
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1 1. Appropriateness for release, referral to a
2 diversionary program including, but not limited to, a
3 teen-court program, referral for community arbitration, or
4 referral to some other program or agency for the purpose of
5 nonofficial or nonjudicial handling.
6 2. The presence of medical, psychiatric,
7 psychological, substance abuse, educational problems, or other
8 conditions that may have caused the child to come to the
9 attention of law enforcement or the Department of Juvenile
10 Justice. In cases where such conditions are identified, and a
11 nonjudicial handling of the case is chosen, the intake
12 counselor shall attempt to refer the child to a program or
13 agency, together with all available and relevant assessment
14 information concerning the child's precipitating condition.
15 3. The Department of Juvenile Justice shall develop a
16 case management system whereby a child brought into intake is
17 assigned a case manager if the child was not released,
18 referred to a diversionary program, referred for community
19 arbitration, or referred to some other program or agency for
20 the purpose of nonofficial or nonjudicial handling, and shall
21 make every reasonable effort to provide continuity of case
22 management for the child; provided, however, that case
23 management for children committed to residential programs may
24 be transferred as provided in s. 985.316.
25 4. In addition to duties specified in other sections
26 and through departmental rules, the assigned case manager
27 shall be responsible for the following:
28 a. Ensuring that a risk assessment instrument
29 establishing the child's eligibility for detention has been
30 accurately completed and that the appropriate recommendation
31 was made to the court.
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1 b. Inquiring as to whether the child understands his
2 or her rights to counsel and against self-incrimination.
3 c. Performing the preliminary screening and making
4 referrals for comprehensive assessment regarding the child's
5 need for substance abuse treatment services, mental health
6 services, retardation services, literacy services, or other
7 educational or treatment services.
8 d. Coordinating the multidisciplinary assessment when
9 required, which includes the classification and placement
10 process that determines the child's priority needs, risk
11 classification, and treatment plan. When sufficient evidence
12 exists to warrant a comprehensive assessment and the child
13 fails to voluntarily participate in the assessment efforts, it
14 is the responsibility of the case manager to inform the court
15 of the need for the assessment and the refusal of the child to
16 participate in such assessment. This assessment,
17 classification, and placement process shall develop into the
18 predisposition report.
19 e. Making recommendations for services and
20 facilitating the delivery of those services to the child,
21 including any mental health services, educational services,
22 family counseling services, family assistance services, and
23 substance abuse services. The delinquency case manager shall
24 serve as the primary case manager for the purpose of managing,
25 coordinating, and monitoring the services provided to the
26 child. Each program administrator within the Department of
27 Children and Family Services and each employee or agent of the
28 Division of Children's Medical Services providing
29 mental-health services or substance-abuse services to the
30 child shall cooperate with the primary case manager in
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1 carrying out the duties and responsibilities described in this
2 section.
3
4 The Department of Juvenile Justice shall annually advise the
5 Legislature and the Executive Office of the Governor of the
6 resources needed in order for the case management system to
7 maintain a staff-to-client ratio that is consistent with
8 accepted standards and allows the necessary supervision and
9 services for each child. The intake process and case
10 management system shall provide a comprehensive approach to
11 assessing the child's needs, relative risks, and most
12 appropriate handling, and shall be based on an individualized
13 treatment plan.
14 Section 12. Section 985.223, Florida Statutes, is
15 amended to read:
16 985.223 Incompetency in juvenile delinquency cases.--
17 (1) If, at any time prior to or during a delinquency
18 case involving a delinquent act or violation of law that would
19 be a felony if committed by an adult, the court has reason to
20 believe that the child named in the petition may be
21 incompetent to proceed with the hearing, the court on its own
22 motion may, or on the motion of the child's attorney or state
23 attorney must, stay all proceedings and order an evaluation of
24 the child's mental condition.
25 (a) All determinations of competency shall be made at
26 a hearing, with findings of fact based on an evaluation of the
27 child's mental condition by not less than two nor more than
28 three experts appointed by the court. If the determination of
29 incompetency is based on the presence of a mental illness or
30 mental retardation, this must be stated in the evaluation. In
31 addition, a recommendation as to whether residential or
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1 nonresidential treatment or training is required must be
2 included in the evaluation. All court orders determining
3 incompetency must include specific findings by the court as to
4 the nature of the incompetency.
5 (b) For incompetency evaluations related to mental
6 illness, the Department of Health Children and Family Services
7 shall annually provide the courts with a list of mental health
8 professionals who have completed a training program approved
9 by the Department of Health Children and Family Services to
10 perform the evaluations.
11 (c) For incompetency evaluations related to mental
12 retardation, the court shall order the Developmental Services
13 Program Office within the Department of Children and Family
14 Services to examine the child to determine if the child meets
15 the definition of "retardation" in s. 393.063 and, if so,
16 whether the child is competent to proceed with delinquency
17 proceedings.
18 (d) A child is competent to proceed if the child has
19 sufficient present ability to consult with counsel with a
20 reasonable degree of rational understanding and the child has
21 a rational and factual understanding of the present
22 proceedings. The report must address the child's capacity to:
23 1. Appreciate the charges or allegations against the
24 child.
25 2. Appreciate the range and nature of possible
26 penalties that may be imposed in the proceedings against the
27 child, if applicable.
28 3. Understand the adversarial nature of the legal
29 process.
30 4. Disclose to counsel facts pertinent to the
31 proceedings at issue.
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1 5. Display appropriate courtroom behavior.
2 6. Testify relevantly.
3 (2) Every child who is adjudicated incompetent to
4 proceed may be involuntarily committed to the Department of
5 Health or to the Department of Children and Family Services
6 for treatment upon a finding by the court of clear and
7 convincing evidence that:
8 (a) The child is mentally ill and because of the
9 mental illness; or the child is mentally retarded and because
10 of the mental retardation:
11 1. The child is manifestly incapable of surviving with
12 the help of willing and responsible family or friends,
13 including available alternative services, and without
14 treatment the child is likely to either suffer from neglect or
15 refuse to care for self, and such neglect or refusal poses a
16 real and present threat of substantial harm to the child's
17 well-being; or
18 2. There is a substantial likelihood that in the near
19 future the child will inflict serious bodily harm on self or
20 others, as evidenced by recent behavior causing, attempting,
21 or threatening such harm; and
22 (b) All available less restrictive alternatives,
23 including treatment in community residential facilities or
24 community inpatient or outpatient settings which would offer
25 an opportunity for improvement of the child's condition, are
26 inappropriate.
27 (3) Each child who has been adjudicated incompetent to
28 proceed and who meets the criteria for commitment in
29 subsection (2), must be committed to the Department of Health
30 or the Department of Children and Family Services, as
31 appropriate, and that department may retain, and if it retains
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1 must treat, the child in the least restrictive alternative
2 consistent with public safety. Any commitment of a child to a
3 residential program must be separate from adult forensic
4 programs. If the child attains competency, case management
5 and supervision of the child will be transferred to the
6 department in order to continue delinquency proceedings;
7 however, the court retains authority to order the Department
8 of Children and Family Services to provide continued treatment
9 to maintain competency.
10 (a) A child adjudicated incompetent due to mental
11 retardation may be ordered into a program designated by the
12 Department of Children and Family Services for retarded
13 children.
14 (b) A child adjudicated incompetent due to mental
15 illness may be ordered into a program designated by the
16 Department of Health Children and Family Services for mentally
17 ill children.
18 (c) Not later than 6 months after the date of
19 commitment, or at the end of any period of extended treatment
20 or training, or at any time the service provider determines
21 the child has attained competency or no longer meets the
22 criteria for commitment, the service provider must file a
23 report with the court pursuant to the applicable Rules of
24 Juvenile Procedure.
25 (4) If a child is determined to be incompetent to
26 proceed, the court shall retain jurisdiction of the child for
27 up to 2 years after the date of the order of incompetency,
28 with reviews at least every 6 months to determine competency.
29 If the court determines at any time that the child will never
30 become competent to proceed, the court may dismiss the
31 delinquency petition. If, at the end of the 2-year period
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1 following the date of the order of incompetency, the child has
2 not attained competency and there is no evidence that the
3 child will attain competency within a year, the court must
4 dismiss the delinquency petition. If necessary, the court may
5 order that proceedings under chapter 393 or chapter 394 be
6 instituted. Such proceedings must be instituted not less than
7 60 days prior to the dismissal of the delinquency petition.
8 (5) If a child who is found to be incompetent does not
9 meet the commitment criteria of subsection (2), the court may
10 order the Department of Health or the Department of Children
11 and Family Services, as appropriate, to provide appropriate
12 treatment and training in the community. All court-ordered
13 treatment or training must be the least restrictive
14 alternative that is consistent with public safety. Any
15 commitment to a residential program must be separate from
16 adult forensic programs. If a child is ordered to receive
17 such services, the services shall be provided by the
18 Department of Health or the Department of Children and Family
19 Services. The department shall continue to provide case
20 management services to the child and receive notice of the
21 competency status of the child. The competency determination
22 must be reviewed at least every 6 months by the service
23 provider, and a copy of a written report evaluating the
24 child's competency must be filed by the provider with the
25 court and with the Department of Health or Department of
26 Children and Family Services and the department.
27 (6) The provisions of this section shall be
28 implemented only subject to specific appropriation.
29 Section 13. Effective July 1, 1998, the Secretary of
30 Children and Family Services shall appoint three
31 representatives of the Department of Children and Family
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1 Services and the Secretary of Health shall appoint three
2 representatives of the Department of Health to a committee the
3 function of which is to recommend to the respective
4 departments the most efficient means of carrying out the
5 transfer prescribed in this act. The committee shall
6 recommend to the departments how they should fulfill their
7 shared responsibilities under chapters 394 and 397, Florida
8 Statutes. The committee shall also recommend to the
9 departments any revisions to the Florida Statutes necessary to
10 ensure the successful administration of each department's
11 respective responsibilities as a result of this act. The
12 Governor shall appoint the chairman of the committee. The
13 committee must hold its first meeting by July 15, 1998, and
14 must report its recommendations to the respective departments
15 by November 2, 1998.
16 Section 14. Except as otherwise provided in this act,
17 this act shall take effect January 1, 1999.
18
19 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
20 Senate Bill 2334
21
22 Deletes reference to conforming amendments to ss. 394.50 and
394.60, F.S., relating to children's treatment centers and
23 patient transfers, respectively.
24 Creates s. 394.91, F.S., providing responsibilities for the
Department of Health regarding alcohol, drug abuse, and mental
25 health services.
26 Amends s. 397.311, F.S., redefining the term "department" for
purposes of alcohol and drug abuse services.
27
Adds to the duties of the transition advisory committee the
28 development of recommendations regarding any additional
statutory revisions necessary to reflect the responsibilities
29 resulting from this bill.
30 Incorporates technical and conforming revisions.
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