Senate Bill 1084e1

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    SB 1084                                  First Engrossed (ntc)



  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:

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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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    SB 1084                                  First Engrossed (ntc)



  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.

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    SB 1084                                  First Engrossed (ntc)



  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  to serve within the Fourth, Fifth, Seventh, Eighth, Ninth, and

22  Eighteenth Judicial Circuits a single judicial circuit for the

23  purpose of operating one or more physically secure facilities

24  designated exclusively for the placement of children in need

25  of services who meet the criteria provided in this section are

26  found in direct contempt or indirect contempt of a valid court

27  order.

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

29  Fourth, Fifth, Seventh, Eighth, Ninth, or Eighteenth Judicial

30  Circuit alleging that a child is a child in need of services

31  within such judicial circuit, the child must be represented by


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    SB 1084                                  First Engrossed (ntc)



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

  2  proceeding affirmatively demonstrates by clear and convincing

  3  evidence that the child knowingly and intelligently waived the

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

  5  nature of the proceedings and the dispositional alternatives

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

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

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

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

10  court from requesting reimbursement of attorney's fees and

11  costs from the nonindigent parent or legal guardian.

12         (3)(2)  When If a child is adjudicated as a child in

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

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

15  placed in a pilot physically secure facility authorized in

16  this section if is held in direct contempt or indirect

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

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

19  984.225 or s. 985.216, the court may order that the child be

20  placed within the circuit in a physically secure facility

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

22  the facility only if the department, or an authorized

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

24  bed is available for the child at the physically secure

25  facility and the child has:

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

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

28  provision of a valid court order relating to such placement

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

30  direct or indirect contempt of court; or

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    SB 1084                                  First Engrossed (ntc)



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

  2  placement under s. 984.225 or s. 984.09. s. 985.216; or

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

  4  indirect contempt.

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  6  The department or an authorized representative of the

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

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

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

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

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

12  for placement in the physically secure shelter.

13         (4)(3)  A child may be placed in a physically secure

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

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

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

17  legal custodian at the expiration of the placement in a

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

19  remain in the physically secure shelter for an additional 30

20  days if the court finds that reunification could be achieved

21  within that period.

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

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

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

25  need of services in a physically secure shelter, the

26  department or an authorized representative of the department

27  may submit to the court a report that recommends:

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

29  available from the program and is ready for reunification with

30  a parent or guardian; or

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    SB 1084                                  First Engrossed (ntc)



  1         2.  That the child is unlikely to benefit from

  2  continued placement in the physically secure shelter and is

  3  more likely to have his or her needs met in a different type

  4  of placement.

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

  6  or custodian has reasonably participated in and has

  7  financially contributed to the child's counseling and

  8  treatment program.

  9         (d)  The court shall also determine whether the

10  department's efforts to reunite the family have been

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

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

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

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

15  transferred to the Department of Children and Family Services,

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

17         (e)  If the child requires residential mental health

18  treatment or residential care for a developmental disability,

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

20  and Family Services for the provision of necessary services.

21         (6)(4)  Prior to being ordered committed to a

22  physically secure facility, the child must be afforded all

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

24  physically secure facility, the child shall receive

25  appropriate assessment, treatment, and educational services

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

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

28  be provided with family counseling and other support services

29  necessary for reunification.

30         (7)(5)  The court shall order the parent, guardian, or

31  legal custodian to cooperate with efforts to reunite the child


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    SB 1084                                  First Engrossed (ntc)



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

  2  associated with the care and counseling provided to the child

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

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

  5  this section is designed to provide residential care on a

  6  temporary basis. Such placement commitment does not abrogate

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

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

  9  those responsibilities are temporarily altered by court order.

10         (8)(6)  The Juvenile Justice Accountability Advisory

11  Board shall monitor the implementation and operation of the

12  pilot program and issue a preliminary evaluation report to the

13  President of the Senate and the Speaker of the House of

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

15  evaluates the effectiveness of the pilot physically secure

16  shelter in reuniting the children served with their parent or

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

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

19  1, 1998. The Department of Juvenile Justice and the Juvenile

20  Justice Advisory Board shall recommend issue a joint final

21  report to the Legislature, including any proposed legislation

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

23  1999.

24         Section 3.  The Department of Juvenile Justice shall

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

26  House of Representatives, and the Juvenile Justice

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

28  law or by August 1, 1999, whichever is earlier, a report that

29  describes departmental efforts to implement the pilot project

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

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


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    SB 1084                                  First Engrossed (ntc)



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

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

  3         (2)  The number of available staff-secure shelter beds;

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

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

  6  length of stay;

  7         (4)  The number of physically secure shelter beds

  8  available;

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

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

11  average length of stay;

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

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

14  local bar associations, and other individuals or groups within

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

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

17  and

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

19  educate the public concerning the availability of and access

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

21  who are runaways, truants, or ungovernable.

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

23  law.

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