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.
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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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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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