| 1 | A bill to be entitled |
| 2 | An act relating to juvenile justice; providing for a |
| 3 | parental involvement pilot project in Orange County; |
| 4 | authorizing the Department of Juvenile Justice to allow |
| 5 | certain parents to attend and participate in a course of |
| 6 | parenting education classes in lieu of paying certain |
| 7 | required fees associated with the cost of a child's care |
| 8 | or supervision by the department; limiting such authority |
| 9 | to the 2004-2005 fiscal year and to cases involving orders |
| 10 | of the circuit court in and for Orange County; authorizing |
| 11 | the department to develop a formula for specifying the |
| 12 | number of participation hours in lieu of fees; requiring |
| 13 | the department to provide notification about the option to |
| 14 | participate in the pilot project; authorizing the |
| 15 | department to contract with a private or public entity to |
| 16 | provide parenting education classes in certain |
| 17 | circumstances; directing the department to waive fees upon |
| 18 | proof by the parent of successful completion of the course |
| 19 | of parenting education classes; limiting the amount of |
| 20 | fees that may be waived; prohibiting issuance of any order |
| 21 | of the circuit court in and for Orange County reducing or |
| 22 | waiving the required fees during the 2004-2005 fiscal |
| 23 | year; providing exceptions; requiring the department to |
| 24 | identify measurable outcomes for the pilot project; |
| 25 | requiring a report; providing applicability; providing |
| 26 | that the parent is responsible for costs associated with |
| 27 | the parenting education classes; providing a definition; |
| 28 | providing an effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
|
| 32 | Section 1. Orange County Parental Involvement Pilot |
| 33 | Project.-- |
| 34 | (1) In accordance with the provisions of subsection (4) |
| 35 | and for the 2004-2005 fiscal year only, the Department of |
| 36 | Juvenile Justice is authorized to allow any parent who, pursuant |
| 37 | to an order of the circuit court in and for Orange County, is |
| 38 | subject to the provisions of s. 985.215(6), s. 985.231(1)(b), or |
| 39 | s. 985.233(4)(d), Florida Statutes, relating to the fees |
| 40 | associated with the cost of a child's care or supervision by the |
| 41 | department, to attend and participate in a course of parenting |
| 42 | education classes that is approved by the department in lieu of |
| 43 | paying all or a portion of such fees. The department is |
| 44 | authorized to develop a reasonable and uniform formula for |
| 45 | specifying a number of participation hours in lieu of the $5 per |
| 46 | day fee. |
| 47 | (2) The department shall notify parents who, pursuant to |
| 48 | an order of the circuit court in and for Orange County, are |
| 49 | obliged to pay fees associated with the cost of the child's care |
| 50 | or supervision by the department, of the option to participate |
| 51 | in the pilot project by attending and participating in a course |
| 52 | of parenting education classes. The notification shall include a |
| 53 | description of the course contents and the number of |
| 54 | participation hours that the parent will be required to |
| 55 | successfully complete in order to receive a waiver of such fees |
| 56 | pursuant to subsection (4). |
| 57 | (a) For any such order issued during the 2004-2005 fiscal |
| 58 | year, the department shall provide the notification as soon as |
| 59 | is practicable after the issuance of the order. |
| 60 | (b) The department shall make reasonable efforts to |
| 61 | provide the notification to parents who are the subject of such |
| 62 | orders entered prior to the 2004-2005 fiscal year and who have a |
| 63 | current or delinquent obligation to pay the required fees. |
| 64 | (3) If the Department of Juvenile Justice does not already |
| 65 | have such classes in place and available in Orange County, the |
| 66 | department may contract with a private or public entity in |
| 67 | Orange County to provide classes in parenting education for |
| 68 | purposes of the pilot project. The private or public entity must |
| 69 | have appropriate expertise in providing parenting education. |
| 70 | (4) Upon the parent providing proof to the department of |
| 71 | successful completion of the course of parenting education |
| 72 | classes, the department shall waive the costs associated with |
| 73 | the child's care or supervision by the department in accordance |
| 74 | with the formula described in subsection (1). However, the value |
| 75 | of the waiver may not exceed $450. |
| 76 | (5) Notwithstanding the provisions of s. 985.215(6), s. |
| 77 | 985.231(1)(b), or s. 985.233(4)(d), Florida Statutes, during the |
| 78 | 2004-2005 fiscal year, no order shall issue from the circuit |
| 79 | court in and for Orange County purporting to reduce or waive any |
| 80 | required fees associated with the cost of the child's care or |
| 81 | supervision by the department, except as provided in subsection |
| 82 | (6). |
| 83 | (6)(a) The court may reduce or waive such fees in |
| 84 | circumstances where the court makes a finding on the record that |
| 85 | the parent was the victim of the delinquent act or violation of |
| 86 | law for which the child has been placed under the care or |
| 87 | supervision of the department and that the parent is cooperating |
| 88 | or has cooperated with the investigation of the act or |
| 89 | violation. |
| 90 | (b) The court may authorize the parent to participate in a |
| 91 | course of parenting education classes in lieu of paying all or a |
| 92 | portion of the required fees, subject to the provisions of |
| 93 | subsection (4). If the parent's obligation to pay fees exceeds |
| 94 | $450, the court may reduce or waive the remaining fees in |
| 95 | accordance with the provisions of s. 985.215(6), s. |
| 96 | 985.231(1)(b), or s. 985.233(4)(d), Florida Statutes, upon |
| 97 | verification by the department that the parent has successfully |
| 98 | completed the course of parenting education classes. |
| 99 | (7) The department shall identify measurable outcomes for |
| 100 | the pilot project, including, but not limited to, the following: |
| 101 | (a) The number of parents who participate in parenting |
| 102 | education classes in lieu of paying the required fees. |
| 103 | (b) The number of parents who successfully complete such |
| 104 | classes. |
| 105 | (c) Whether any child of a participating parent is |
| 106 | referred to the department during the 2004-2005 fiscal year |
| 107 | subsequent to the referral associated with the parent's initial |
| 108 | participation in the parenting education classes. |
| 109 |
|
| 110 | The department shall report these outcomes, together with the |
| 111 | outcomes of any other measures deemed appropriate, to the |
| 112 | Legislature and Governor by October 1, 2005. The report shall |
| 113 | also indicate the total amount of fees collected pursuant to ss. |
| 114 | 985.215(6), 985.231(1)(b), and 985.233(4)(d), Florida Statutes, |
| 115 | in Orange County during fiscal years 2003-2004 and 2004-2005. |
| 116 | (8) This section shall not apply if there is a court order |
| 117 | specifically prohibiting participation in lieu of payment. This |
| 118 | section applies to any order or other obligation for the payment |
| 119 | of fees as described in subsection (1) that is current or |
| 120 | delinquent during the 2004-2005 fiscal year. It shall be the |
| 121 | parent's responsibility to bear all costs associated with the |
| 122 | parent's participation in the parenting education classes. For |
| 123 | purposes of this section, the term "parent" means the mother, |
| 124 | father, or legal guardian of a child. |
| 125 | Section 2. This act shall take effect July 1, 2004. |