House Bill 1677

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    Florida House of Representatives - 2000                HB 1677

        By Representative Patterson






  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 984.225, F.S.; revising requirements for

  4         placement of a child in a staff-secure shelter;

  5         amending s. 984.226, F.S.; revising the pilot

  6         program for a physically secure facility to

  7         provide for the statewide establishment of

  8         physically secure settings; defining the term

  9         "physically secure"; deleting obsolete

10         language; providing an effective date.

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

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14         Section 1.  Subsection (1) of section 984.225, Florida

15  Statutes, is amended to read:

16         984.225  Powers of disposition; placement in a

17  staff-secure shelter.--

18         (1)  Subject to specific legislative appropriation, the

19  court may order that a child adjudicated as a child in need of

20  services be placed for up to 90 days in a staff-secure shelter

21  if:

22         (a)  The child's parent, guardian, or legal custodian

23  refuses to provide food, clothing, shelter, and necessary

24  parental support for the child and the refusal is a direct

25  result of an established pattern of significant disruptive

26  behavior of the child in the home of the parent, guardian, or

27  legal custodian; or

28         (b)  The child refuses to remain under the reasonable

29  care and custody of his or her parent, guardian, or legal

30  custodian, as evidenced by repeatedly running away and failing

31  to comply with a court-ordered sanction; or from home. The

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    Florida House of Representatives - 2000                HB 1677

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  1  court may not order that a child be placed in a staff-secure

  2  facility unless:

  3         (c)1.  The child has failed to successfully complete an

  4  alternative treatment program or to comply with a

  5  court-ordered sanction,; and

  6         2.  The child has been placed in a residential program

  7  on at least one prior occasion pursuant to a court order under

  8  this chapter.

  9

10  This subsection applies after other alternative,

11  less-restrictive remedies have been exhausted. The court may

12  order that a child be placed in a staff-secure shelter. The

13  department, or an authorized representative of the department,

14  must verify to the court that a bed is available for the

15  child. If the department or an authorized representative of

16  the department verifies that a bed is not available, the court

17  shall stay the placement until a bed is available. The

18  department will place the child's name on a waiting list. The

19  child who has been on the waiting list the longest will get

20  the next available bed.

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

22  984.226, Florida Statutes, are amended to read:

23         984.226  Pilot program for a Physically secure settings

24  facility; contempt of court.--

25         (1)  Subject to specific legislative appropriation, the

26  Department of Juvenile Justice may shall establish a pilot

27  program within a single judicial circuit for the purpose of

28  operating one or more physically secure settings facilities

29  designated exclusively for the placement of children in need

30  of services who are found in direct contempt or indirect

31  contempt of a valid court order. If any party files a petition

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    Florida House of Representatives - 2000                HB 1677

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  1  that a child is a child in need of services within such

  2  judicial circuit, the child must be represented by counsel at

  3  each court appearance. If the child is indigent, the court

  4  shall appoint an attorney to represent the child as provided

  5  under s. 985.203. Nothing precludes the court from requesting

  6  reimbursement of attorney's fees and costs from the

  7  nonindigent parent or legal guardian.

  8         (2)  If a child adjudicated as a child in need of

  9  services is held in direct contempt or indirect contempt of a

10  valid court order, as an alternative to placing the child in a

11  staff-secure facility as provided under s. 984.225 or s.

12  985.216, the court may order that the child be placed within

13  the circuit in a physically secure setting facility operated

14  under the pilot program. A child may be committed to the

15  facility only if the department, or an authorized

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

17  bed is available for the child at the physically secure

18  facility and the child has:

19         (a)  Run away from a staff-secure shelter following

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

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

22  indirect contempt.

23         (6)  For the purposes of this section, "physically

24  secure" means a program that provides 24-hour awake

25  supervision, custody, care, and treatment.  A program of this

26  type may be hardware-secure or staff-secure. The Juvenile

27  Justice Accountability Board shall monitor the operation of

28  the pilot program and issue a preliminary evaluation report to

29  the Legislature by December 1, 1998. The Department of

30  Juvenile Justice and the Juvenile Justice Accountability Board

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    Florida House of Representatives - 2000                HB 1677

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  1  shall issue a joint final report to the Legislature, including

  2  any proposed legislation, by December 1, 1999.

  3         Section 3.  This act shall take effect October 1, 2000.

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  6                          HOUSE SUMMARY

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      Revises requirements for placement of a child in a
  8    staff-secure shelter. Revises the pilot program for a
      physically secure facility to provide for the statewide
  9    establishment of physically secure settings. Defines the
      term "physically secure."
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