Senate Bill 2292

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    Florida Senate - 2000                                  SB 2292

    By Senator Burt





    16-1404A-00

  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; amending s. 984.226,

  7         F.S.; amending the judicial circuits included

  8         in a physically-secure-shelter pilot project;

  9         providing for waiver of the right to counsel in

10         prescribed circumstances; amending the criteria

11         for placement of a child in a physically secure

12         shelter; providing time limits for placement in

13         a physically secure shelter; providing for

14         judicial review of the status of a child who is

15         placed in a physically secure shelter;

16         providing for referral of a child to the

17         Department of Children and Family Services for

18         dependency or mental health services; directing

19         the Juvenile Justice Accountability Board to

20         submit an implementation report and an

21         evaluation report to the Legislature; requiring

22         the Department of Juvenile Justice to submit

23         proposed legislation and an implementation

24         report; providing an effective date.

25

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

27

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

29  984.225, Florida Statutes, are amended to read:

30         984.225  Powers of disposition; placement in a

31  staff-secure shelter.--

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    Florida Senate - 2000                                  SB 2292
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  1         (2)  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 in a

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

  8  residential care on a temporary basis. Such placement

  9  commitment does not abrogate the legal responsibilities of the

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

11  child, except to the extent that those responsibilities are

12  temporarily altered by court order.

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

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

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

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

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

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

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

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

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

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

23  parental support, the child is considered to be threatened

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

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

26  dependent child. Jurisdiction shall be transferred to the

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

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

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

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

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

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    Florida Senate - 2000                                  SB 2292
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  1  guardian, or custodian has reasonably participated in and

  2  financially contributed to the child's counseling and

  3  treatment program. The court shall also determine whether the

  4  department's efforts to reunite the family have been

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

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

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

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

  9  dependent child. Jurisdiction shall be transferred to the

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

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

12         Section 2.  Section 984.226, Florida Statutes, is

13  amended to read:

14         984.226  Pilot program for a physically secure

15  facility; contempt of court.--

16         (1)  Subject to specific legislative appropriation, the

17  Department of Juvenile Justice shall establish a pilot program

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

19  Eighteenth Judicial Circuits within a single judicial circuit

20  for the purpose of operating one or more physically secure

21  facilities designated exclusively for the placement of

22  children in need of services who meet the criteria provided in

23  this section and are found in direct contempt or indirect

24  contempt of a valid court order.

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

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

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

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

29  counsel at each court appearance unless the record in that

30  proceeding affirmatively demonstrates by clear and convincing

31  evidence that the child knowingly and intelligently waived the

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    Florida Senate - 2000                                  SB 2292
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  1  right to counsel after being fully advised by the court of the

  2  nature of the proceedings and the dispositional alternatives

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

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

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

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

  7  court from requesting reimbursement of attorney's fees and

  8  costs from the nonindigent parent or legal guardian.

  9         (3)(2)  When If a child is adjudicated as a child in

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

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

12  placed in a pilot physically secure facility authorized in

13  this section if is held in direct contempt or indirect

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

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

16  984.225 or s. 985.216, the court may order that the child be

17  placed within the circuit in a physically secure facility

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

19  the facility only if the department, or an authorized

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

21  bed is available for the child at the physically secure

22  facility and the child has:

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

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

25  provision of a valid court order relating to such placement

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

27  direct or indirect contempt of court; or

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

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

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

31  indirect contempt.

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  1

  2  The department or an authorized representative of the

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

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

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

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

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

  8  for placement in the physically secure shelter.

  9         (4)(3)  A child may be placed in a physically secure

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

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

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

13  legal custodian at the expiration of the placement in a

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

15  remain in the physically secure shelter for an additional 30

16  days if the court finds that reunification could be achieved

17  within that period.

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

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

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

21  need of services in a physically secure shelter, the

22  department or an authorized representative of the department

23  may submit to the court a report that recommends:

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

25  available from the program and is ready for reunification with

26  a parent or guardian; or

27         2.  That the child is unlikely to benefit from

28  continued placement in the physically secure shelter and is

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

30  of placement.

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

  2  or custodian has reasonably participated in and has

  3  financially contributed to the child's counseling and

  4  treatment program.

  5         (d)  The court shall also determine whether the

  6  department's efforts to reunite the family have been

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

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

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

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

11  transferred to the Department of Children and Family Services,

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

13         (e)  If the child requires residential mental health

14  treatment or residential care for a developmental disability,

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

16  and Family Services for the provision of necessary services.

17         (6)(4)  Prior to being ordered committed to a

18  physically secure facility, the child must be afforded all

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

20  physically secure facility, the child shall receive

21  appropriate assessment, treatment, and educational services

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

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

24  be provided with family counseling and other support services

25  necessary for reunification.

26         (7)(5)  The court shall order the parent, guardian, or

27  legal custodian to cooperate with efforts to reunite the child

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

29  associated with the care and counseling provided to the child

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

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

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    Florida Senate - 2000                                  SB 2292
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  1  this section is designed to provide residential care on a

  2  temporary basis. Such placement commitment does not abrogate

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

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

  5  those responsibilities are temporarily altered by court order.

  6         (8)(6)  The Juvenile Justice Accountability Board shall

  7  monitor the operation of the pilot program and issue a

  8  preliminary evaluation report to the President of the Senate

  9  and the Speaker of the House of Representatives by July 1,

10  2000, and a report that evaluates the effectiveness of the

11  pilot physically secure shelter in reuniting the children

12  served with their parent or guardian and avoiding subsequent

13  out-of-home placements shall be submitted to the Legislature

14  by January 15, 2001 Legislature by December 1, 1998. The

15  Department of Juvenile Justice and the Juvenile Justice

16  Accountability Board shall recommend issue a joint final

17  report to the Legislature, including any proposed legislation

18  concerning the pilot project by January 15, 2001, by December

19  1, 1999.

20         Section 3.  The Department of Juvenile Justice shall

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

22  House of Representatives, and the Juvenile Justice

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

24  law or by August 1, 2000, whichever is earlier, a report that

25  describes departmental efforts to implement the pilot project

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

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

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

29  children in need of services since July 1, 1999;

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

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    Florida Senate - 2000                                  SB 2292
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  1         (3)  The number of youths who have been placed in

  2  staff-secure shelter beds since July 1, 1999, and the average

  3  length of stay;

  4         (4)  The number of physically secure shelter beds

  5  available;

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

  7  physically secure shelter beds since July 1, 1999, and the

  8  average length of stay;

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

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

11  local bar associations, and other individuals or groups within

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

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

14  and

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

16  educate the public concerning the availability of and access

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

18  who are runaways, truants, or ungovernable.

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

20  law.

21

22            *****************************************

23                          SENATE SUMMARY

24    Specifies additional judicial circuits that are included
      in a pilot project to provide physically secure shelters
25    for children in need of services. Provides that the child
      may waive his or her right to counsel in specified
26    circumstances. Amends the criteria for placing a child in
      a physically secure shelter. Provides time limits for
27    placement in a physically secure shelter. Provides for
      judicial review of the status of a child who is placed in
28    a physically secure shelter. Provides for referring a
      child to the Department of Children and Family Services
29    for dependency or mental health services. Directs the
      Juvenile Justice Accountability Board to submit a report
30    to the Legislature. Requires the Department of Juvenile
      Justice to submit proposed legislation and a report.
31

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