Senate Bill 1084

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    Florida Senate - 1999                                  SB 1084

    By Senator Burt





    16-593A-99

  1                      A bill to be entitled

  2         An act relating to children in need of

  3         services; amending s. 984.225, F.S., relating

  4         to powers of disposition; amending the

  5         requirements for placing a child in a

  6         staff-secure shelter; correcting

  7         cross-references; amending s. 984.226, F.S.;

  8         amending the judicial circuits included in a

  9         physically-secure-shelter pilot project;

10         providing for waiver of the right to counsel in

11         prescribed circumstances; amending the criteria

12         for placement of a child in a physically secure

13         shelter; providing time limits for placement in

14         a physically secure shelter; providing for

15         judicial review of the status of a child who is

16         placed in a physically secure shelter;

17         providing for referral of a child to the

18         Department of Children and Family Services for

19         dependency or mental health services; directing

20         the Juvenile Justice Accountability Board to

21         submit an implementation report and an

22         evaluation report to the Legislature; requiring

23         the Department of Juvenile Justice to submit

24         proposed legislation and an implementation

25         report; providing an effective date.

26

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

28

29         Section 1.  Subsections (2), (5), and (6) of section

30  984.225, Florida Statutes, 1998 Supplement, are amended to

31  read:

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    Florida Senate - 1999                                  SB 1084
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  1         984.225  Powers of disposition; placement in a

  2  staff-secure shelter.--

  3         (2)  The court shall order the parent, guardian, or

  4  legal custodian to cooperate with efforts to reunite the child

  5  with the family, participate in counseling, and pay all costs

  6  associated with the care and counseling provided to the child

  7  and family, in accordance with the family's ability to pay as

  8  determined by the court. Placement Commitment of a child in a

  9  staff-secure shelter under this section is designed to provide

10  residential care on a temporary basis. Such placement

11  commitment does not abrogate the legal responsibilities of the

12  parent, guardian, or legal custodian with respect to the

13  child, except to the extent that those responsibilities are

14  temporarily altered by court order.

15         (5)  The department is deemed to have exhausted the

16  reasonable remedies offered under this chapter if, at the end

17  of the placement in a staff-secure shelter commitment period,

18  the parent, guardian, or legal custodian continues to refuse

19  to allow the child to remain at home or creates unreasonable

20  conditions for the child's return. If, at the end of the

21  placement in a staff-secure shelter commitment period, the

22  child is not reunited with his or her parent, guardian, or

23  custodian due solely to the continued refusal of the parent,

24  guardian, or custodian to provide food, clothing, shelter, and

25  parental support, the child is considered to be threatened

26  with harm as a result of such acts or omissions, and the court

27  shall direct that the child be handled in every respect as a

28  dependent child. Jurisdiction shall be transferred to the

29  Department of Children and Family Services and the child's

30  care shall be governed under parts II and III of chapter 39.

31

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  1         (6)  The court shall review the child's placement in a

  2  staff-secure shelter commitment once every 45 days as provided

  3  in s. 984.20. The court shall determine if the parent,

  4  guardian, or custodian has reasonably participated in and

  5  financially contributed to the child's counseling and

  6  treatment program. The court shall also determine whether the

  7  department's efforts to reunite the family have been

  8  reasonable. If the court finds an inadequate level of support

  9  or participation by the parent, guardian, or custodian prior

10  to the end of the placement commitment period, the court shall

11  direct that the child be handled in every respect as a

12  dependent child. Jurisdiction shall be transferred to the

13  Department of Children and Family Services and the child's

14  care shall be governed under parts II and III of chapter 39.

15         Section 2.  Section 984.226, Florida Statutes, 1998

16  Supplement, is amended to read:

17         984.226  Pilot program for a physically secure

18  facility; contempt of court.--

19         (1)  Subject to specific legislative appropriation, the

20  Department of Juvenile Justice shall establish a pilot program

21  within the Third, Fourth, Fifth, Seventh, and Eighth Judicial

22  Circuits a single judicial circuit for the purpose of

23  operating one or more physically secure facilities designated

24  exclusively for the placement of children in need of services

25  who meet the criteria provided in this section are found in

26  direct contempt or indirect contempt of a valid court order.

27         (2)  When If any party files a petition is filed in the

28  Third, Fourth, Fifth, Seventh, or Eighth Judicial Circuit

29  alleging that a child is a child in need of services within

30  such judicial circuit, the child must be represented by

31  counsel at each court appearance, unless the record in that

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    Florida Senate - 1999                                  SB 1084
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  1  proceeding affirmatively demonstrates by clear and convincing

  2  evidence that the child knowingly and intelligently waived the

  3  right to counsel after fully being advised by the court of the

  4  nature of the proceedings and the dispositional alternatives

  5  available to the court under this section. If the court

  6  decides to appoint counsel for the child and if the child is

  7  indigent, the court shall appoint an attorney to represent the

  8  child as provided under s. 985.203. Nothing precludes the

  9  court from requesting reimbursement of attorney's fees and

10  costs from the nonindigent parent or legal guardian.

11         (3)(2)  When If a child is adjudicated as a child in

12  need of services by a court in any of the judicial circuits

13  specified in this section, the court may order the child to be

14  placed in a pilot physically secure facility authorized in

15  this section if is held in direct contempt or indirect

16  contempt of a valid court order, as an alternative to placing

17  the child in a staff-secure facility as provided under s.

18  984.225 or s. 985.216, the court may order that the child be

19  placed within the circuit in a physically secure facility

20  operated under the pilot program. A child may be committed to

21  the facility only if the department, or an authorized

22  representative of the department, verifies to the court that a

23  bed is available for the child at the physically secure

24  facility and the child has:

25         (a)  Failed to appear for placement in a staff-secure

26  shelter under s. 984.225, or failed to comply with any other

27  provision of a valid court order relating to such placement

28  and, as a result of such failure, has been found to be in

29  direct or indirect contempt of court; or

30         (b)(a)  Run away from a staff-secure shelter following

31  placement under s. 984.225 or s. 985.216.; or

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  1         (b)  Committed at least two prior acts of direct or

  2  indirect contempt.

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  4  The department or an authorized representative of the

  5  department must verify to the court that a bed is available

  6  for the child. If a bed is not available, the court shall stay

  7  the placement until a bed is available, and the department

  8  must place the child's name on a waiting list. The child who

  9  has been on the waiting list the longest has first priority

10  for placement in the physically secure shelter.

11         (4)(3)  A child may be placed in a physically secure

12  facility for up to 90 5 days for the first commitment and up

13  to 15 days for a second or subsequent commitment. If a child

14  has not been reunited with his or her parent, guardian, or

15  legal custodian at the expiration of the placement in a

16  physically secure shelter, the court may order that the child

17  remain in the physically secure shelter for an additional 30

18  days if the court finds that reunification could be achieved

19  within that period.

20         (5)(a)  The court shall review the child's placement

21  once every 45 days as provided in s. 984.20.

22         (b)  At any time during the placement of a child in

23  need of services in a physically secure shelter, the

24  department or an authorized representative of the department

25  may submit to the court a report that recommends:

26         1.  That the child has received all of the services

27  available from the program and is ready for reunification with

28  a parent or guardian; or

29         2.  That the child is unlikely to benefit from

30  continued placement in the physically secure shelter and is

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    Florida Senate - 1999                                  SB 1084
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  1  more likely to have his or her needs met in a different type

  2  of placement.

  3         (c)  The court shall determine if the parent, guardian,

  4  or custodian has reasonably participated in and has

  5  financially contributed to the child's counseling and

  6  treatment program.

  7         (d)  The court shall also determine whether the

  8  department's efforts to reunite the family have been

  9  reasonable. If the court finds an inadequate level of support

10  or participation by the parent, guardian, or custodian before

11  the end of the placement, the court shall direct that the

12  child be handled as a dependent child, jurisdiction shall be

13  transferred to the Department of Children and Family Services,

14  and the child's care shall be governed by chapter 39.

15         (e)  If the child requires residential mental health

16  treatment or residential care for a developmental disability,

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

18  and Family Services for the provision of necessary services.

19         (6)(4)  Prior to being ordered committed to a

20  physically secure facility, the child must be afforded all

21  rights of due process required under s. 985.216. While in the

22  physically secure facility, the child shall receive

23  appropriate assessment, treatment, and educational services

24  that are designed to eliminate or reduce the child's truant,

25  ungovernable, or runaway behavior. The child and family shall

26  be provided with family counseling and other support services

27  necessary for reunification.

28         (7)(5)  The court shall order the parent, guardian, or

29  legal custodian to cooperate with efforts to reunite the child

30  with the family, participate in counseling, and pay all costs

31  associated with the care and counseling provided to the child

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    Florida Senate - 1999                                  SB 1084
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  1  and family, in accordance with the family's ability to pay as

  2  determined by the court. Placement Commitment of a child under

  3  this section is designed to provide residential care on a

  4  temporary basis. Such placement commitment does not abrogate

  5  the legal responsibilities of the parent, guardian, or legal

  6  custodian with respect to the child, except to the extent that

  7  those responsibilities are temporarily altered by court order.

  8         (8)(6)  The Juvenile Justice Accountability Advisory

  9  Board shall monitor the implementation and operation of the

10  pilot program and issue a preliminary evaluation report to the

11  President of the Senate and the Speaker of the House of

12  Representatives Legislature by July 1, 1999, and a report that

13  evaluates the effectiveness of the pilot physically secure

14  shelter in reuniting the children served with their parent or

15  guardian and avoiding subsequent out-of-home placements shall

16  be submitted to the Legislature by January 15, 2000 December

17  1, 1998. The Department of Juvenile Justice and the Juvenile

18  Justice Advisory Board shall recommend issue a joint final

19  report to the Legislature, including any proposed legislation

20  concerning the pilot project, by January 15, 2000 December 1,

21  1999.

22         Section 3.  The Department of Juvenile Justice shall

23  submit to the President of the Senate, the Speaker of the

24  House of Representatives, and the Juvenile Justice

25  Accountability Board, within 45 days after this act becomes a

26  law or by April 30, 1999, whichever is earlier, a report that

27  describes departmental efforts to implement the pilot project

28  authorized in this act. The report must include the following

29  data for each judicial circuit included in the pilot project:

30         (1)  The number of youths who have been adjudicated as

31  children in need of services since July 1, 1998;

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    Florida Senate - 1999                                  SB 1084
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  1         (2)  The number of available staff-secure shelter beds;

  2         (3)  The number of youths who have been placed in

  3  staff-secure shelter beds since July 1, 1998, and the average

  4  length of stay;

  5         (4)  The number of physically secure shelter beds

  6  available;

  7         (5)  The number of youths who have been placed in

  8  physically secure shelter beds since July 1, 1998, and the

  9  average length of stay;

10         (6)  The efforts that the department has made, in

11  cooperation with the chief judge, the court administrator, the

12  local bar associations, and other individuals or groups within

13  each judicial circuit, to ensure the appointment of counsel in

14  child-in-need-of-services cases as appropriate under this act;

15  and

16         (7)  The efforts that the department has made to

17  educate the public concerning the availability of and access

18  to services to meet the needs of families who have children

19  who are runaways, truants, or ungovernable.

20         Section 4.  This act shall take effect upon becoming a

21  law.

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  2                          SENATE SUMMARY

  3    Relates to children in need of services. Amends the
      requirements for placing such a child in a staff-secure
  4    shelter. Specifies which judicial circuits are to be
      included in a pilot project pertaining to physically
  5    secure shelters. Provides for waiver of the right to
      counsel in specified circumstances. Amends the criteria
  6    for placing a child in a physically secure shelter.
      Provides time limits for placement in a physically secure
  7    shelter. Provides for judicial review of the status of a
      child who is placed in a physically secure shelter.
  8    Provides for referral of a child to the Department of
      Children and Family Services for dependency or mental
  9    health services. Directs the Juvenile Justice
      Accountability Board to submit an implementation report
10    and an evaluation report to the Legislature. Requires the
      Department of Juvenile Justice to submit proposed
11    legislation and an implementation report.

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