House Bill 1677c1

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    Florida House of Representatives - 2000             CS/HB 1677

        By the Committee on Juvenile Justice and Representatives
    Merchant and Patterson





  1                      A bill to be entitled

  2         An act relating to juvenile justice; amending

  3         s. 984.226, F.S.; providing for physically

  4         secure settings for children in need of

  5         services; authorizing the Department of

  6         Juvenile Justice to establish physically secure

  7         settings; providing for a waiver of a child's

  8         right to counsel at court appearances;

  9         authorizing a court to place a child in a

10         physically secure setting under prescribed

11         circumstances; requiring the department to

12         verify to the court that a bed is available;

13         providing duration of stay in a physically

14         secure setting; providing for court review of a

15         child's placement; providing grounds for

16         transfer of jurisdiction of the child to the

17         Department of Children and Family Services;

18         providing an effective date.

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

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22         Section 1.  Section 984.226, Florida Statutes, is

23  amended to read:

24         984.226  Pilot program for a Physically secure setting

25  facility; contempt of court.--

26         (1)  Subject to specific legislative appropriation, the

27  Department of Juvenile Justice shall establish a pilot program

28  within a single judicial circuit for the purpose of operating

29  one or more physically secure settings facilities designated

30  exclusively for the placement of children in need of services

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

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

  3         (2)  When If any party files a petition is filed

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

  5  such judicial circuit, the child must be represented by

  6  counsel at each court appearance unless the record in that

  7  proceeding affirmatively demonstrates by clear and convincing

  8  evidence that the child knowingly and intelligently waived the

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

10  nature of the proceedings and the dispositional alternatives

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

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

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

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

15  court from requesting reimbursement of attorney's fees and

16  costs from the nonindigent parent or legal guardian.

17         (3)(2)  When If a child is adjudicated as a child in

18  need of services, the court may order the child to be placed

19  in a physically secure setting authorized in this section if

20  is held in direct contempt or indirect contempt of a valid

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

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

23  985.216, the court may order that the child be placed within

24  the circuit in a physically secure facility operated under the

25  pilot program. A child may be committed to the facility only

26  if the department, or an authorized representative of the

27  department, verifies to the court that a bed is available for

28  the child at the physically secure facility and the child has:

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

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

31  provision of a valid court order relating to such placement

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  1  and, as a result of such failure, been found to be in direct

  2  or indirect contempt of court; or

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

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

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

  6  indirect contempt.

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  8  The department, or an authorized representative of the

  9  department, must verify to the court that a bed is available

10  for the child. If a bed is not available, the court must stay

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

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

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

14  for placement in the physically secure setting.

15         (4)(3)  A child may be placed in a physically secure

16  setting facility for up to 90 5 days for the first commitment

17  and up to 15 days for a second or subsequent commitment. If a

18  child has not been reunited with his or her parent, guardian,

19  or legal custodian at the expiration of the placement in a

20  physically secure setting, the court may order that the child

21  remain in the physically secure setting for an additional 30

22  days if the court finds that reunification could be achieved

23  within that period.

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

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

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

27  need of services in a physically secure setting, the

28  department, or an authorized representative of the department,

29  may submit to the court a report that recommends:

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    Florida House of Representatives - 2000             CS/HB 1677

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

  2  available from the physically secure setting and is ready for

  3  reunification with a parent or guardian; or

  4         2.  That the child is unlikely to benefit from

  5  continued placement in the physically secure setting and is

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

  7  of placement.

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

  9  or custodian has reasonably participated in and has

10  financially contributed to the child's counseling and

11  treatment program.  If the court finds an inadequate financial

12  contribution or participation by the parent, guardian, or

13  custodian before the end of the placement, the court shall

14  direct that the child be handled as a dependent child,

15  jurisdiction shall be transferred to the Department of

16  Children and Family Services, and the child's care shall be

17  governed by chapter 39.

18         (d)  If the court determines that the child requires

19  residential mental health treatment or residential care for a

20  developmental disability, the court shall refer the child to

21  the Department of Children and Family Services for the

22  provision of necessary services.

23         (6)(4)  Prior to being ordered committed to a

24  physically secure setting facility, the child must be afforded

25  all rights of due process required under s. 985.216. While in

26  the physically secure setting facility, the child shall

27  receive appropriate assessment, treatment, and educational

28  services that are designed to eliminate or reduce the child's

29  truant, ungovernable, or runaway behavior. The child and

30  family shall be provided with family counseling and other

31  support services necessary for reunification.

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    Florida House of Representatives - 2000             CS/HB 1677

    179-145-00






  1         (7)(5)  The court shall order the parent, guardian, or

  2  legal custodian to cooperate with efforts to reunite the child

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

  4  associated with the care and counseling provided to the child

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

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

  7  this section is designed to provide residential care on a

  8  temporary basis. Such placement commitment does not abrogate

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

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

11  those responsibilities are temporarily altered by court order.

12         (6)  The Juvenile Justice Accountability Board shall

13  monitor the operation of the pilot program and issue a

14  preliminary evaluation report to the Legislature by December

15  1, 1998. The Department of Juvenile Justice and the Juvenile

16  Justice Accountability Board shall issue a joint final report

17  to the Legislature, including any proposed legislation, by

18  December 1, 1999.

19         Section 2.  This act shall take effect upon becoming a

20  law.

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