Senate Bill sb2210c1
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By the Committee on Children and Families; and Senator Lynn
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1 A bill to be entitled
2 An act relating to substance abuse treatment
3 and intervention; amending s. 39.001, F.S.;
4 providing additional legislative findings and
5 purposes with respect to the treatment of
6 substance abuse; specifying that treatment may
7 be required following adjudication; amending
8 ss. 39.402 and 39.407, F.S.; authorizing the
9 court to order specified persons to submit to a
10 substance abuse assessment upon a showing of
11 good cause in connection with a shelter hearing
12 or petition for dependency; authorizing
13 sanctions for noncompliance; amending ss.
14 39.507 and 39.521, F.S.; authorizing the court
15 to order specified persons to submit to a
16 substance abuse assessment as part of an
17 adjudicatory order or pursuant to a disposition
18 hearing; requiring a showing of good cause;
19 authorizing the court to require participation
20 in a treatment-based drug court program;
21 authorizing the court to impose sanctions for
22 noncompliance; amending s. 39.701, F.S.;
23 authorizing the court to extend the time for
24 completing a case plan during judicial review,
25 based upon participation in a treatment-based
26 drug court program; amending s. 397.334, F.S.;
27 revising legislative intent with respect to
28 treatment-based drug court programs to reflect
29 participation by community support agencies,
30 the Department of Education, and other
31 individuals; including post adjudicatory
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1 programs as part of treatment-based drug court
2 programs; requiring each judicial circuit to
3 establish a position for a coordinator of the
4 treatment-based drug court program; requiring
5 the chief judge of each judicial circuit to
6 appoint an advisory committee for the
7 treatment-based drug court program; providing
8 for membership of the committee; revising
9 provisions with respect to an annual report;
10 amending s. 910.035, F.S.; revising provisions
11 with respect to conditions for the transfer of
12 a case in the drug court treatment program to a
13 county other than that in which the charge
14 arose; amending s. 948.08, F.S.; revising
15 eligibility requirements for participation in
16 pretrial intervention programs; authorizing the
17 court to refer certain defendants who are
18 assessed with a substance abuse problem to a
19 pretrial intervention program with the approval
20 of the state attorney; deleting provisions
21 authorizing advisory committees for the
22 district pretrial intervention programs;
23 amending s. 985.306, F.S.; revising eligibility
24 requirements for participation in delinquency
25 pretrial intervention programs; authorizing the
26 court to refer certain juveniles who are
27 assessed as having a substance abuse problem to
28 a substance abuse education and treatment
29 intervention program; deleting provisions
30 authorizing advisory committees for the
31
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1 district delinquency pretrial intervention
2 program; providing an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Subsection (4) of section 39.001, Florida
7 Statutes, is amended to read:
8 39.001 Purposes and intent; personnel standards and
9 screening.--
10 (4) SUBSTANCE ABUSE SERVICES.--
11 (a) The Legislature recognizes that substance abuse is
12 a primary cause of the dramatic rise in cases of child abuse
13 and neglect, immeasurably increases the complexity of cases in
14 the dependency system, severely compromises or destroys the
15 ability of parents to provide a safe and nurturing home for
16 children, and severely confounds the dependency system's
17 ability to protect children. The Legislature also recognizes
18 that early referral and comprehensive treatment can help
19 combat substance abuse in families and that treatment is
20 cost-effective. The Legislature further recognizes that
21 treatment-based drug court program models that integrate
22 judicial supervision, treatment, accountability, sanctions,
23 and community support greatly increase the effectiveness of
24 substance abuse treatment and reduce the number of cases of
25 child abuse and neglect.
26 (b) The substance abuse treatment and family safety
27 programs of the Department of Children and Family Services
28 have identified the following goals for this state:
29 1. Ensure the safety of children.
30 2. Prevent and remediate the consequences of substance
31 abuse on families involved in protective supervision or foster
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1 care and reduce substance abuse, including alcohol abuse, for
2 families who are at risk of being involved in protective
3 supervision or foster care.
4 3. Expedite permanency for children and reunify
5 healthy, intact families, when appropriate.
6 4. Support families in recovery.
7 (c) The Legislature finds that children in the care of
8 the state's dependency system need appropriate health care
9 services, that the impact of substance abuse on health
10 indicates the need for health care services to include
11 substance abuse services to children and parents where
12 appropriate, and that it is in the state's best interest that
13 such children be provided the services they need to enable
14 them to become and remain independent of state care. In order
15 to provide these services, the state's dependency system must
16 have the ability to identify and provide appropriate
17 intervention and treatment for children with personal or
18 family-related substance abuse problems.
19 (d) It is the intent of the Legislature to encourage
20 the court to support the drug court program model by assessing
21 parents and children in order to identify and address
22 substance abuse problems as the court deems appropriate at
23 every stage of the dependency process. Participation in
24 treatment, including a treatment-based drug court program, may
25 be required by the court following adjudication. This
26 subsection does not prevent a child's parent, and, when
27 appropriate, the legal custodian, from voluntarily entering
28 treatment, including a treatment-based drug court program, at
29 the earliest stage of the process. Nothing in this section
30 precludes a court from ordering drug testing if substance
31
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1 abuse is suspected to determine the safety of a child
2 placement with a caretaker.
3 (e) It is therefore the purpose of the Legislature to
4 provide authority for the state to contract with community
5 substance abuse treatment providers for the development and
6 operation of specialized support and overlay services for the
7 dependency system, which will be fully implemented and used
8 utilized as resources permit.
9 (f) It is the intent of the Legislature to encourage
10 the Department of Children and Family Services, in conjunction
11 with community agencies; treatment-based facilities;
12 facilities dedicated to child welfare, child development, and
13 mental health services; the Department of Health; other
14 similar agencies; local governments; law enforcement agencies;
15 and other interested public or private sources to support the
16 drug court program model. Participation in the treatment-based
17 drug court program does not divest any public or private
18 agency of its responsibility for a child or adult, but enables
19 these agencies to better meet their needs through shared
20 responsibility and resources.
21 Section 2. Present subsections (11) through (16) of
22 section 39.402, Florida Statutes, are renumbered as
23 subsections (12) through (17), respectively, and a new
24 subsection (11) is added to that section, to read:
25 39.402 Placement in a shelter.--
26 (11) At the shelter hearing, if the condition of a
27 child or the child's parent, caregiver, legal custodian, or
28 other person requesting custody of the child is in
29 controversy, the court may order the person to submit to a
30 substance abuse assessment or evaluation. The assessment or
31 evaluation must be administered by a qualified professional,
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1 as defined in s. 397.311. The order may be made only upon good
2 cause shown and pursuant to the notice and procedures set
3 forth in the Florida Rules of Juvenile Procedure.
4 Section 3. Section 39.407, Florida Statutes, is
5 amended to read:
6 39.407 Medical, psychiatric, and psychological
7 examination and treatment of child; physical, or mental, or
8 substance abuse examination of parent or person requesting
9 custody of child.--
10 (1) When any child is removed from the home and
11 maintained in an out-of-home placement, the department is
12 authorized to have a medical screening performed on the child
13 without authorization from the court and without consent from
14 a parent or legal custodian. Such medical screening shall be
15 performed by a licensed health care professional and shall be
16 to examine the child for injury, illness, and communicable
17 diseases and to determine the need for immunization. The
18 department shall by rule establish the invasiveness of the
19 medical procedures authorized to be performed under this
20 subsection. In no case does this subsection authorize the
21 department to consent to medical treatment for such children.
22 (2) When the department has performed the medical
23 screening authorized by subsection (1), or when it is
24 otherwise determined by a licensed health care professional
25 that a child who is in an out-of-home placement, but who has
26 not been committed to the department, is in need of medical
27 treatment, including the need for immunization, consent for
28 medical treatment shall be obtained in the following manner:
29 (a)1. Consent to medical treatment shall be obtained
30 from a parent or legal custodian of the child; or
31 2. A court order for such treatment shall be obtained.
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1 (b) If a parent or legal custodian of the child is
2 unavailable and his or her whereabouts cannot be reasonably
3 ascertained, and it is after normal working hours so that a
4 court order cannot reasonably be obtained, an authorized agent
5 of the department shall have the authority to consent to
6 necessary medical treatment, including immunization, for the
7 child. The authority of the department to consent to medical
8 treatment in this circumstance shall be limited to the time
9 reasonably necessary to obtain court authorization.
10 (c) If a parent or legal custodian of the child is
11 available but refuses to consent to the necessary treatment,
12 including immunization, a court order shall be required unless
13 the situation meets the definition of an emergency in s.
14 743.064 or the treatment needed is related to suspected abuse,
15 abandonment, or neglect of the child by a parent, caregiver,
16 or legal custodian. In such case, the department shall have
17 the authority to consent to necessary medical treatment. This
18 authority is limited to the time reasonably necessary to
19 obtain court authorization.
20
21 In no case shall the department consent to sterilization,
22 abortion, or termination of life support.
23 (3)(a) A judge may order a child in an out-of-home
24 placement to be examined by a licensed health care
25 professional.
26 (b) The judge may also order such child to be
27 evaluated by a psychiatrist or a psychologist or, if a
28 developmental disability is suspected or alleged, by the
29 developmental disability diagnostic and evaluation team of the
30 department. If it is necessary to place a child in a
31 residential facility for such evaluation, the criteria and
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1 procedure established in s. 394.463(2) or chapter 393 shall be
2 used, whichever is applicable.
3 (c) The judge may also order such child to be
4 evaluated by a district school board educational needs
5 assessment team. The educational needs assessment provided by
6 the district school board educational needs assessment team
7 shall include, but not be limited to, reports of intelligence
8 and achievement tests, screening for learning disabilities and
9 other handicaps, and screening for the need for alternative
10 education as defined in s. 1001.42.
11 (4) A judge may order a child in an out-of-home
12 placement to be treated by a licensed health care professional
13 based on evidence that the child should receive treatment. The
14 judge may also order such child to receive mental health or
15 developmental disabilities services from a psychiatrist,
16 psychologist, or other appropriate service provider. Except as
17 provided in subsection (5), if it is necessary to place the
18 child in a residential facility for such services, the
19 procedures and criteria established in s. 394.467 or chapter
20 393 shall be used, whichever is applicable. A child may be
21 provided developmental disabilities or mental health services
22 in emergency situations, pursuant to the procedures and
23 criteria contained in s. 394.463(1) or chapter 393, whichever
24 is applicable.
25 (5) Children who are in the legal custody of the
26 department may be placed by the department, without prior
27 approval of the court, in a residential treatment center
28 licensed under s. 394.875 or a hospital licensed under chapter
29 395 for residential mental health treatment only pursuant to
30 this section or may be placed by the court in accordance with
31 an order of involuntary examination or involuntary placement
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1 entered pursuant to s. 394.463 or s. 394.467. All children
2 placed in a residential treatment program under this
3 subsection must have a guardian ad litem appointed.
4 (a) As used in this subsection, the term:
5 1. "Residential treatment" means placement for
6 observation, diagnosis, or treatment of an emotional
7 disturbance in a residential treatment center licensed under
8 s. 394.875 or a hospital licensed under chapter 395.
9 2. "Least restrictive alternative" means the treatment
10 and conditions of treatment that, separately and in
11 combination, are no more intrusive or restrictive of freedom
12 than reasonably necessary to achieve a substantial therapeutic
13 benefit or to protect the child or adolescent or others from
14 physical injury.
15 3. "Suitable for residential treatment" or
16 "suitability" means a determination concerning a child or
17 adolescent with an emotional disturbance as defined in s.
18 394.492(5) or a serious emotional disturbance as defined in s.
19 394.492(6) that each of the following criteria is met:
20 a. The child requires residential treatment.
21 b. The child is in need of a residential treatment
22 program and is expected to benefit from mental health
23 treatment.
24 c. An appropriate, less restrictive alternative to
25 residential treatment is unavailable.
26 (b) Whenever the department believes that a child in
27 its legal custody is emotionally disturbed and may need
28 residential treatment, an examination and suitability
29 assessment must be conducted by a qualified evaluator who is
30 appointed by the Agency for Health Care Administration. This
31 suitability assessment must be completed before the placement
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1 of the child in a residential treatment center for emotionally
2 disturbed children and adolescents or a hospital. The
3 qualified evaluator must be a psychiatrist or a psychologist
4 licensed in Florida who has at least 3 years of experience in
5 the diagnosis and treatment of serious emotional disturbances
6 in children and adolescents and who has no actual or perceived
7 conflict of interest with any inpatient facility or
8 residential treatment center or program.
9 (c) Before a child is admitted under this subsection,
10 the child shall be assessed for suitability for residential
11 treatment by a qualified evaluator who has conducted a
12 personal examination and assessment of the child and has made
13 written findings that:
14 1. The child appears to have an emotional disturbance
15 serious enough to require residential treatment and is
16 reasonably likely to benefit from the treatment.
17 2. The child has been provided with a clinically
18 appropriate explanation of the nature and purpose of the
19 treatment.
20 3. All available modalities of treatment less
21 restrictive than residential treatment have been considered,
22 and a less restrictive alternative that would offer comparable
23 benefits to the child is unavailable.
24
25 A copy of the written findings of the evaluation and
26 suitability assessment must be provided to the department and
27 to the guardian ad litem, who shall have the opportunity to
28 discuss the findings with the evaluator.
29 (d) Immediately upon placing a child in a residential
30 treatment program under this section, the department must
31 notify the guardian ad litem and the court having jurisdiction
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1 over the child and must provide the guardian ad litem and the
2 court with a copy of the assessment by the qualified
3 evaluator.
4 (e) Within 10 days after the admission of a child to a
5 residential treatment program, the director of the residential
6 treatment program or the director's designee must ensure that
7 an individualized plan of treatment has been prepared by the
8 program and has been explained to the child, to the
9 department, and to the guardian ad litem, and submitted to the
10 department. The child must be involved in the preparation of
11 the plan to the maximum feasible extent consistent with his or
12 her ability to understand and participate, and the guardian ad
13 litem and the child's foster parents must be involved to the
14 maximum extent consistent with the child's treatment needs.
15 The plan must include a preliminary plan for residential
16 treatment and aftercare upon completion of residential
17 treatment. The plan must include specific behavioral and
18 emotional goals against which the success of the residential
19 treatment may be measured. A copy of the plan must be provided
20 to the child, to the guardian ad litem, and to the department.
21 (f) Within 30 days after admission, the residential
22 treatment program must review the appropriateness and
23 suitability of the child's placement in the program. The
24 residential treatment program must determine whether the child
25 is receiving benefit toward the treatment goals and whether
26 the child could be treated in a less restrictive treatment
27 program. The residential treatment program shall prepare a
28 written report of its findings and submit the report to the
29 guardian ad litem and to the department. The department must
30 submit the report to the court. The report must include a
31 discharge plan for the child. The residential treatment
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1 program must continue to evaluate the child's treatment
2 progress every 30 days thereafter and must include its
3 findings in a written report submitted to the department. The
4 department may not reimburse a facility until the facility has
5 submitted every written report that is due.
6 (g)1. The department must submit, at the beginning of
7 each month, to the court having jurisdiction over the child, a
8 written report regarding the child's progress toward achieving
9 the goals specified in the individualized plan of treatment.
10 2. The court must conduct a hearing to review the
11 status of the child's residential treatment plan no later than
12 3 months after the child's admission to the residential
13 treatment program. An independent review of the child's
14 progress toward achieving the goals and objectives of the
15 treatment plan must be completed by a qualified evaluator and
16 submitted to the court before its 3-month review.
17 3. For any child in residential treatment at the time
18 a judicial review is held pursuant to s. 39.701, the child's
19 continued placement in residential treatment must be a subject
20 of the judicial review.
21 4. If at any time the court determines that the child
22 is not suitable for continued residential treatment, the court
23 shall order the department to place the child in the least
24 restrictive setting that is best suited to meet his or her
25 needs.
26 (h) After the initial 3-month review, the court must
27 conduct a review of the child's residential treatment plan
28 every 90 days.
29 (i) The department must adopt rules for implementing
30 timeframes for the completion of suitability assessments by
31 qualified evaluators and a procedure that includes timeframes
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1 for completing the 3-month independent review by the qualified
2 evaluators of the child's progress toward achieving the goals
3 and objectives of the treatment plan which review must be
4 submitted to the court. The Agency for Health Care
5 Administration must adopt rules for the registration of
6 qualified evaluators, the procedure for selecting the
7 evaluators to conduct the reviews required under this section,
8 and a reasonable, cost-efficient fee schedule for qualified
9 evaluators.
10 (6) When a child is in an out-of-home placement, a
11 licensed health care professional shall be immediately called
12 if there are indications of physical injury or illness, or the
13 child shall be taken to the nearest available hospital for
14 emergency care.
15 (7) Except as otherwise provided herein, nothing in
16 this section shall be deemed to eliminate the right of a
17 parent, legal custodian, or the child to consent to
18 examination or treatment for the child.
19 (8) Except as otherwise provided herein, nothing in
20 this section shall be deemed to alter the provisions of s.
21 743.064.
22 (9) A court shall not be precluded from ordering
23 services or treatment to be provided to the child by a duly
24 accredited practitioner who relies solely on spiritual means
25 for healing in accordance with the tenets and practices of a
26 church or religious organization, when required by the child's
27 health and when requested by the child.
28 (10) Nothing in this section shall be construed to
29 authorize the permanent sterilization of the child unless such
30 sterilization is the result of or incidental to medically
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1 necessary treatment to protect or preserve the life of the
2 child.
3 (11) For the purpose of obtaining an evaluation or
4 examination, or receiving treatment as authorized pursuant to
5 this section, no child alleged to be or found to be dependent
6 shall be placed in a detention home or other program used
7 primarily for the care and custody of children alleged or
8 found to have committed delinquent acts.
9 (12) The parents or legal custodian of a child in an
10 out-of-home placement remain financially responsible for the
11 cost of medical treatment provided to the child even if either
12 one or both of the parents or if the legal custodian did not
13 consent to the medical treatment. After a hearing, the court
14 may order the parents or legal custodian, if found able to do
15 so, to reimburse the department or other provider of medical
16 services for treatment provided.
17 (13) Nothing in this section alters the authority of
18 the department to consent to medical treatment for a dependent
19 child when the child has been committed to the department and
20 the department has become the legal custodian of the child.
21 (14) At any time after the filing of a shelter
22 petition or petition for dependency, when the mental or
23 physical condition, including the blood group, of a parent,
24 caregiver, legal custodian, or other person requesting custody
25 of a child is in controversy, the court may order the person
26 to submit to a physical or mental examination by a qualified
27 professional. The order may be made only upon good cause shown
28 and pursuant to notice and procedures as set forth by the
29 Florida Rules of Juvenile Procedure.
30 (15) At any time after a shelter petition or petition
31 for dependency is filed, if the condition of a child or the
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1 child's parent, caregiver, legal custodian, or other person
2 requesting custody of the child is in controversy, the court,
3 if it has not already done so, may order the person to submit
4 to a substance abuse assessment and evaluation. The assessment
5 or evaluation must be administered by a qualified
6 professional, as defined in s. 397.311. The order may be made
7 only upon good cause shown and pursuant to the notice and
8 procedures set forth in the Florida Rules of Juvenile
9 Procedure.
10 Section 4. Subsection (9) is added to section 39.507,
11 Florida Statutes, to read:
12 39.507 Adjudicatory hearings; orders of
13 adjudication.--
14 (9) If the condition of a child or the child's parent,
15 caregiver, legal custodian, or other person requesting custody
16 of the child is in controversy, the court, if it has not
17 already done so, may require the person to submit to a
18 substance abuse assessment or evaluation. The assessment or
19 evaluation must be administered by a qualified professional,
20 as defined in s. 397.311. The court may also require such
21 person to participate in and comply with treatment and
22 services identified as necessary, including, when appropriate
23 and available, participation and compliance with a
24 treatment-based drug court program. The court, including the
25 treatment-based drug court program, shall oversee the progress
26 and compliance with treatment by the child or the child's
27 parent, legal custodian, caregiver, or other person requesting
28 custody of the child, and shall impose appropriate available
29 sanctions for noncompliance upon the child's parent, legal
30 custodian, caregiver, or other person requesting custody of
31 the child. Any order entered under this subsection may be made
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1 only upon good cause shown and pursuant to the notice and
2 procedures set forth in the Florida Rules of Juvenile
3 Procedure.
4 Section 5. Paragraph (b) of subsection (1) of section
5 39.521, Florida Statutes, is amended to read:
6 39.521 Disposition hearings; powers of disposition.--
7 (1) A disposition hearing shall be conducted by the
8 court, if the court finds that the facts alleged in the
9 petition for dependency were proven in the adjudicatory
10 hearing, or if the parents or legal custodians have consented
11 to the finding of dependency or admitted the allegations in
12 the petition, have failed to appear for the arraignment
13 hearing after proper notice, or have not been located despite
14 a diligent search having been conducted.
15 (b) When any child is adjudicated by a court to be
16 dependent, the court having jurisdiction of the child has the
17 power by order to:
18 1. Require, if the court has not already done so, a
19 child or the child's parent, caregiver, legal custodian, or
20 other person requesting custody of the child to submit to a
21 substance abuse assessment or evaluation when such person's
22 condition is in controversy. The assessment or evaluation must
23 be administered by a qualified professional, as defined in s.
24 397.311. The court may also require such person to participate
25 in treatment and services identified as necessary, including
26 participation and compliance with a treatment-based drug court
27 program, when appropriate and if available. The court,
28 including the treatment-based drug court program, shall
29 oversee the progress and compliance with treatment by the
30 child or the child's parent, legal custodian, caregiver, or
31 other person requesting custody of the child, and shall impose
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1 appropriate available sanctions for noncompliance upon the
2 child's parent, legal custodian, caregiver, or other person
3 requesting custody of the child. Any order entered under this
4 paragraph may be made only upon good cause shown and pursuant
5 to the notice and procedures set forth in the Florida Rules of
6 Juvenile Procedure. the parent and, when appropriate, the
7 legal custodian and the child, to participate in treatment and
8 services identified as necessary.
9 2. Require, if the court deems necessary, the parties
10 to participate in dependency mediation.
11 3. Require placement of the child either under the
12 protective supervision of an authorized agent of the
13 department in the home of one or both of the child's parents
14 or in the home of a relative of the child or another adult
15 approved by the court, or in the custody of the department.
16 Protective supervision continues until the court terminates it
17 or until the child reaches the age of 18, whichever date is
18 first. Protective supervision shall be terminated by the court
19 whenever the court determines that permanency has been
20 achieved for the child, whether with a parent, another
21 relative, or a legal custodian, and that protective
22 supervision is no longer needed. The termination of
23 supervision may be with or without retaining jurisdiction, at
24 the court's discretion, and shall in either case be considered
25 a permanency option for the child. The order terminating
26 supervision by the department shall set forth the powers of
27 the custodian of the child and shall include the powers
28 ordinarily granted to a guardian of the person of a minor
29 unless otherwise specified. Upon the court's termination of
30 supervision by the department, no further judicial reviews are
31
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1 required, so long as permanency has been established for the
2 child.
3 Section 6. Paragraph (d) of subsection (8) of section
4 39.701, Florida Statutes, is amended to read:
5 39.701 Judicial review.--
6 (8)
7 (d) The court may extend the time limitation of the
8 case plan, or may modify the terms of the plan, which, in
9 addition to other modifications, may include a requirement
10 that the parent, foster parent, or legal custodian participate
11 in a treatment-based drug court program, based upon
12 information provided by the social service agency, and the
13 guardian ad litem, if one has been appointed, the parent or
14 parents, and the foster parents or legal custodian, and any
15 other competent information on record demonstrating the need
16 for the amendment. If the court extends the time limitation of
17 the case plan, the court must make specific findings
18 concerning the frequency of past parent-child visitation, if
19 any, and the court may authorize the expansion or restriction
20 of future visitation. Modifications to the plan must be
21 handled as prescribed in s. 39.601. Any extension of a case
22 plan must comply with the time requirements and other
23 requirements specified by this chapter.
24 Section 7. Section 397.334, Florida Statutes, is
25 amended to read:
26 397.334 Treatment-based drug court programs.--
27 (1) It is the intent of the Legislature to implement
28 treatment-based drug court programs in each judicial circuit
29 in an effort to reduce crime and recidivism, abuse and neglect
30 cases, and family dysfunction by breaking the cycle of
31 addiction, which is the most predominant cause of cases
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1 entering the justice system. The Legislature recognizes that
2 the integration of judicial supervision, treatment,
3 accountability, and sanctions, and community support greatly
4 increases the effectiveness of substance abuse
5 treatment. The Legislature also seeks to ensure that there is
6 a coordinated, integrated, and multidisciplinary response to
7 the substance abuse problem in this state, with special
8 attention given to the creation of creating partnerships among
9 between the public, community, and private sectors and to the
10 coordinated, supported, and integrated delivery of
11 multiple-system services for substance abusers, including a
12 multiagency team approach to service delivery and aftercare
13 services.
14 (2) Each judicial circuit shall establish a model of a
15 treatment-based drug court program under which persons in the
16 justice system assessed with a substance abuse problem will be
17 processed in such a manner as to appropriately address the
18 severity of the identified substance abuse problem through
19 treatment services plans tailored to the individual needs of
20 the participant. These treatment-based drug court program
21 models may be established in the misdemeanor, felony, family,
22 delinquency, and dependency divisions of the judicial
23 circuits. It is the intent of the Legislature to encourage
24 the Department of Corrections, the Department of Children and
25 Family Services, the Department of Juvenile Justice, the
26 Department of Health, the Department of Law Enforcement, the
27 Department of Education, and other such other agencies, local
28 governments, law enforcement agencies, and other interested
29 public or private sources, and individuals to support the
30 creation and establishment of these problem-solving court
31 programs. Participation in the treatment-based drug court
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1 programs does not divest any public or private agency of its
2 responsibility for a child or adult, but enables allows these
3 agencies to better meet their needs through shared
4 responsibility and resources.
5 (3) The treatment-based drug court programs shall
6 include therapeutic jurisprudence and restorative justice
7 principles and adhere to the following 10 key components,
8 recognized by the Drug Courts Program Office of the Office of
9 Justice Programs of the United States Department of Justice
10 and adopted by the Florida Supreme Court Treatment-Based Drug
11 Court Steering Committee:
12 (a) Drug court programs integrate alcohol and other
13 drug treatment services with justice system case processing.
14 (b) Using a nonadversarial approach, prosecution and
15 defense counsel promote public safety while protecting
16 participants' due process rights.
17 (c) Eligible participants are identified early and
18 promptly placed in the drug court program.
19 (d) Drug court programs provide access to a continuum
20 of alcohol, drug, and other related treatment and
21 rehabilitation services.
22 (e) Abstinence is monitored by frequent testing for
23 alcohol and other drugs.
24 (f) A coordinated strategy governs drug court program
25 responses to participants' compliance.
26 (g) Ongoing judicial interaction with each drug court
27 program participant is essential.
28 (h) Monitoring and evaluation measure the achievement
29 of program goals and gauge program effectiveness.
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1 (i) Continuing interdisciplinary education promotes
2 effective drug court program planning, implementation, and
3 operations.
4 (j) Forging partnerships among drug court programs,
5 public agencies, and community-based organizations generates
6 local support and enhances drug court program effectiveness.
7 (4) Treatment-based drug court programs may include
8 pretrial intervention programs as provided in ss. 948.08,
9 948.16, and 985.306, postadjudicatory programs, and the
10 monitoring of sentenced offenders through a treatment-based
11 drug court program. Supervision may also be provided for
12 offenders who transfer from jail or a prison-based treatment
13 program into the community.
14 (5) Contingent upon an annual appropriation by the
15 Legislature, each judicial circuit shall establish, at a
16 minimum, one coordinator position for the treatment-based drug
17 court program within the state courts system to coordinate the
18 responsibilities of the participating agencies and service
19 providers. Each coordinator shall provide direct support to
20 the treatment-based drug court program by providing
21 coordination between the multidisciplinary team and the
22 judiciary, providing case management, monitoring compliance of
23 the participants in the treatment-based drug court program
24 with court requirements, and providing program evaluation and
25 accountability.
26 (6)(5)(a) The Florida Association of Drug Court
27 Program Professionals is created. The membership of the
28 association may consist of treatment-based drug court program
29 practitioners who comprise the multidisciplinary
30 treatment-based drug court program team, including, but not
31 limited to, judges, state attorneys, defense counsel, drug
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1 court program coordinators, probation officers, law
2 enforcement officers, community representatives, members of
3 the academic community, and treatment professionals.
4 Membership in the association shall be voluntary.
5 (b) The association shall annually elect a chair whose
6 duty is to solicit recommendations from members on issues
7 relating to the expansion, operation, and institutionalization
8 of treatment-based drug court programs. The chair is
9 responsible for providing the association's recommendations
10 together with a report each year, on or before October 1, to
11 the appropriate Supreme Court committee or personnel of the
12 Office of the State Courts Administrator Supreme Court
13 Treatment-Based Drug Court Steering Committee, and shall
14 submit a report each year, on or before October 1, to the
15 steering committee.
16 (7) The chief judge of each judicial circuit may
17 appoint an advisory committee for the treatment-based drug
18 court program. The committee shall be composed of the chief
19 judge or his or her designee, who shall serve as chair; the
20 judge of the treatment-based drug court program, if not
21 otherwise designated by the chief judge as his or her
22 designee; the state attorney, or his or her designee; the
23 public defender, or his or her designee; the treatment-based
24 drug court program coordinators; community representatives,
25 including representatives from community treatment programs;
26 and any other persons the chair finds to be appropriate.
27 Section 8. Subsection (5) of section 910.035, Florida
28 Statutes, is amended to read:
29 910.035 Transfer from county for plea and sentence.--
30 (5) Any person eligible for participation in a drug
31 court treatment program pursuant to s. 948.08(6) may be
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1 eligible to have the case transferred to a county other than
2 that in which the charge arose if the drug court program
3 agrees and if the following conditions are met:
4 (a) The authorized representative of the drug court
5 program of the county requesting to transfer the case shall
6 consult with the authorized representative of the drug court
7 program in the county to which transfer is desired.
8 (b) If approval for transfer is received from all
9 parties, the trial court shall accept a plea of nolo
10 contendere and enter a transfer order directing the clerk to
11 transfer the case to the county which has accepted the
12 defendant into its drug court program.
13 (c) The transfer order shall include a copy of the
14 probable cause affidavit; any charging documents in the case;
15 all reports, witness statements, test results, evidence lists,
16 and other documents in the case; the defendant's mailing
17 address and phone number; and the defendant's written consent
18 to abide by the rules and procedures of the receiving county's
19 drug court program.
20 (d) After the transfer takes place, the clerk shall
21 set the matter for a hearing before the drug court program
22 judge and the court shall ensure the defendant's entry into
23 the drug court program.
24 (e) Upon successful completion of the drug court
25 program, the jurisdiction to which the case has been
26 transferred shall dispose of the case pursuant to s.
27 948.08(6). If the defendant does not complete the drug court
28 program successfully, the jurisdiction to which the case has
29 been transferred shall dispose of the case within the
30 guidelines of the Criminal Punishment Code case shall be
31
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1 prosecuted as determined by the state attorneys of the sending
2 and receiving counties.
3 Section 9. Subsections (6), (7), and (8) of section
4 948.08, Florida Statutes, are amended to read:
5 948.08 Pretrial intervention program.--
6 (6)(a) Notwithstanding any provision of this section,
7 a person who is charged with a felony of the second or third
8 degree for purchase or possession of a controlled substance
9 under chapter 893, prostitution, tampering with evidence,
10 solicitation for purchase of a controlled substance, or
11 obtaining a prescription by fraud; who has not been charged
12 with a crime involving violence, including, but not limited
13 to, murder, sexual battery, robbery, carjacking, home-invasion
14 robbery, or any other crime involving violence; and who has
15 not previously been convicted of a felony nor been admitted to
16 a felony pretrial program referred to in this section is
17 eligible for admission into a pretrial substance abuse
18 education and treatment intervention program approved by the
19 chief judge of the circuit, for a period of not less than 1
20 year in duration, upon motion of either party or the court's
21 own motion, except:
22 1. If a defendant was previously offered admission to
23 a pretrial substance abuse education and treatment
24 intervention program at any time prior to trial and the
25 defendant rejected that offer on the record, then the court or
26 the state attorney may deny the defendant's admission to such
27 a program.
28 1.2. If the state attorney believes that the facts and
29 circumstances of the case suggest the defendant's involvement
30 in the dealing and selling of controlled substances, the court
31 shall hold a preadmission hearing. If the state attorney
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1 establishes, by a preponderance of the evidence at such
2 hearing, that the defendant was involved in the dealing or
3 selling of controlled substances, the court shall deny the
4 defendant's admission into a pretrial intervention program.
5 2. A defendant assessed with a substance abuse problem
6 who is charged for the first time with a nonviolent
7 third-degree felony and a defendant assessed with a substance
8 abuse problem who has previously been convicted of a
9 nonviolent third-degree felony who is charged with a second or
10 subsequent nonviolent third-degree felony may, with the
11 approval of the state attorney, be referred to the program
12 outlined in this subsection. Upon successful completion of the
13 program, the defendant is entitled to dismissal of the pending
14 charge involving a nonviolent third-degree felony.
15 (b) At the end of the pretrial intervention period,
16 the court shall consider the recommendation of the
17 administrator pursuant to subsection (5) and the
18 recommendation of the state attorney as to disposition of the
19 pending charges. The court shall determine, by written
20 finding, whether the defendant has successfully completed the
21 pretrial intervention program.
22 (c)1. If the court finds that the defendant has not
23 successfully completed the pretrial intervention program, the
24 court may order the person to continue in education and
25 treatment or order that the charges revert to normal channels
26 for prosecution.
27 2. The court shall dismiss the charges upon a finding
28 that the defendant has successfully completed the pretrial
29 intervention program.
30 (d) Any entity, whether public or private, providing a
31 pretrial substance abuse education and treatment intervention
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1 program under this subsection must contract with the county or
2 appropriate governmental entity, and the terms of the contract
3 must include, but need not be limited to, the requirements
4 established for private entities under s. 948.15(3).
5 (7) The chief judge in each circuit may appoint an
6 advisory committee for the pretrial intervention program
7 composed of the chief judge or his or her designee, who shall
8 serve as chair; the state attorney, the public defender, and
9 the program administrator, or their designees; and such other
10 persons as the chair deems appropriate. The advisory committee
11 may not designate any defendant eligible for a pretrial
12 intervention program for any offense that is not listed under
13 paragraph (6)(a) without the state attorney's recommendation
14 and approval. The committee may also include persons
15 representing any other agencies to which persons released to
16 the pretrial intervention program may be referred.
17 (7)(8) The department may contract for the services
18 and facilities necessary to operate pretrial intervention
19 programs.
20 Section 10. Section 985.306, Florida Statutes, is
21 amended to read:
22 985.306 Delinquency pretrial intervention program.--
23 (1)(a) Notwithstanding any provision of law to the
24 contrary, a child who is charged under chapter 893 with a
25 misdemeanor; a felony of the second or third degree for
26 purchase or possession of a controlled substance under chapter
27 893; tampering with evidence; solicitation for purchase of a
28 controlled substance; or obtaining a prescription by fraud,
29 and who has not previously been adjudicated for a felony nor
30 been admitted to a delinquency pretrial intervention program
31 under this section, is eligible for admission into a
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1 delinquency pretrial substance abuse education and treatment
2 intervention program approved by the chief judge or
3 alternative sanctions coordinator of the circuit to the extent
4 that funded programs are available, for a period based on the
5 program requirements and the treatment services that are
6 suitable for the offender of not less than 1 year in duration,
7 upon motion of either party or the court's own motion, except:
8 .
9 (a) If the state attorney believes that the facts and
10 circumstances of the case suggest the child's involvement in
11 the dealing and selling of controlled substances, the court
12 shall hold a preadmission hearing. If the state attorney
13 establishes by a preponderance of the evidence at such hearing
14 that the child was involved in the dealing and selling of
15 controlled substances, the court shall deny the child's
16 admission into a delinquency pretrial intervention program.
17 (b) A child assessed with a substance abuse problem
18 who is charged for the first time with a nonviolent
19 third-degree felony and a child assessed with a substance
20 abuse problem who has previously been adjudicated guilty of or
21 delinquent for a nonviolent third-degree felony who is charged
22 with a second or subsequent nonviolent third-degree felony
23 may, with the approval of the state attorney, be referred to
24 the program outlined in this subsection. Upon successful
25 completion of the program, the child is entitled to dismissal
26 of the pending charge as provided in paragraph (3)(b).
27 (2)(b) At the end of the delinquency pretrial
28 intervention period, the court shall consider the
29 recommendation of the state attorney and the program
30 administrator as to disposition of the pending charges. The
31 court shall determine, by written finding, whether the child
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1 has successfully completed the delinquency pretrial
2 intervention program.
3 (3)(a)(c)1. If the court finds that the child has not
4 successfully completed the delinquency pretrial intervention
5 program, the court may order the child to continue in an
6 education, treatment, or urine monitoring program if resources
7 and funding are available or order that the charges revert to
8 normal channels for prosecution.
9 (b)2. The court may dismiss the charges upon a finding
10 that the child has successfully completed the delinquency
11 pretrial intervention program.
12 (4)(d) Any entity, whether public or private,
13 providing pretrial substance abuse education, treatment
14 intervention, and a urine monitoring program under this
15 section must contract with the county or appropriate
16 governmental entity, and the terms of the contract must
17 include, but need not be limited to, the requirements
18 established for private entities under s. 948.15(3). It is the
19 intent of the Legislature that public or private entities
20 providing substance abuse education and treatment intervention
21 programs involve the active participation of parents, schools,
22 churches, businesses, law enforcement agencies, and the
23 department or its contract providers.
24 (2) The chief judge in each circuit may appoint an
25 advisory committee for the delinquency pretrial intervention
26 program composed of the chief judge or designee, who shall
27 serve as chair; the state attorney, the public defender, and
28 the program administrator, or their designees; and such other
29 persons as the chair deems appropriate. The committee may
30 also include persons representing any other agencies to which
31
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1 children released to the delinquency pretrial intervention
2 program may be referred.
3 Section 11. This act shall take effect July 1, 2003.
4
5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 Senate Bill 2210
7
8 Deletes the direction that parents and children should be
assessed early and continually in the dependency process but
9 no later than the conference date of the case planning process
and replaces it with language encouraging the court to support
10 the drug court model by assessing parents and children to
identify substance abuse problems as the court deems
11 appropriate at every stage of the dependency process.
12 Specifies that substance abuse treatment may be required
following court adjudication.
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