| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to substance abuse treatment and |
| 8 | intervention; amending s. 39.001, F.S.; providing |
| 9 | additional legislative purposes and intent with respect to |
| 10 | the treatment of substance abuse, including the use of the |
| 11 | drug court program model; authorizing the court to require |
| 12 | certain persons to undergo treatment following |
| 13 | adjudication; providing that the court is not precluded |
| 14 | from ordering drug testing; amending ss. 39.402 and |
| 15 | 39.407, F.S.; authorizing the court to order specified |
| 16 | persons to submit to a substance abuse assessment upon a |
| 17 | showing of good cause in connection with a shelter hearing |
| 18 | or petition for dependency; amending ss. 39.507 and |
| 19 | 39.521, F.S.; authorizing the court to order specified |
| 20 | persons to submit to a substance abuse assessment as part |
| 21 | of an adjudicatory order or pursuant to a disposition |
| 22 | hearing; requiring a showing of good cause; authorizing |
| 23 | the court to require participation in a treatment-based |
| 24 | drug court program; authorizing the court to impose |
| 25 | sanctions for noncompliance; amending s. 39.701, F.S.; |
| 26 | authorizing the court to extend the time for completing a |
| 27 | case plan during judicial review, based upon participation |
| 28 | in a treatment-based drug court program; amending s. |
| 29 | 397.334, F.S.; revising legislative intent with respect to |
| 30 | treatment-based drug court programs to reflect |
| 31 | participation by community support agencies, the |
| 32 | Department of Education, and other individuals; including |
| 33 | postadjudicatory programs as part of treatment-based drug |
| 34 | court programs; requiring each judicial circuit to |
| 35 | establish a position for a coordinator of the treatment- |
| 36 | based drug court program, subject to annual appropriation |
| 37 | by the Legislature; authorizing the chief judge of each |
| 38 | judicial circuit to appoint an advisory committee for the |
| 39 | treatment-based drug court program; providing for |
| 40 | membership of the committee; revising language with |
| 41 | respect to an annual report; amending s. 910.035, F.S.; |
| 42 | revising language with respect to conditions for the |
| 43 | transfer of a case in the drug court treatment program to |
| 44 | a county other than that in which the charge arose; |
| 45 | providing an effective date. |
| 46 |
|
| 47 | Be It Enacted by the Legislature of the State of Florida: |
| 48 |
|
| 49 | Section 1. Subsection (4) of section 39.001, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 39.001 Purposes and intent; personnel standards and |
| 52 | screening.-- |
| 53 | (4) SUBSTANCE ABUSE SERVICES.-- |
| 54 | (a) The Legislature recognizes that substance abuse is a |
| 55 | primary cause of the dramatic rise in cases of child abuse and |
| 56 | neglect, immeasurably increases the complexity of cases in the |
| 57 | dependency system, severely compromises or destroys the ability |
| 58 | of parents to provide a safe and nurturing home for children, |
| 59 | and severely confounds the dependency system's ability to |
| 60 | protect children. The Legislature also recognizes that early |
| 61 | referral and comprehensive treatment can help combat substance |
| 62 | abuse in families and that treatment is cost effective. The |
| 63 | Legislature further recognizes that treatment-based drug court |
| 64 | program models that integrate judicial supervision, treatment, |
| 65 | accountability, sanctions, and community support greatly |
| 66 | increase the effectiveness of substance abuse treatment and |
| 67 | reduce the number of cases of child abuse and neglect. |
| 68 | (b) The substance abuse treatment and family safety |
| 69 | programs of the Department of Children and Family Services have |
| 70 | identified the following goals for the state: |
| 71 | 1. To ensure the safety of children. |
| 72 | 2. To prevent and remediate the consequences of substance |
| 73 | abuse on families involved in protective supervision or foster |
| 74 | care and reduce substance abuse, including alcohol abuse, for |
| 75 | families who are at risk of being involved in protective |
| 76 | supervision or foster care. |
| 77 | 3. To expedite permanency for children and reunify |
| 78 | healthy, intact families, when appropriate. |
| 79 | 4. To support families in recovery. |
| 80 | (c) The Legislature finds that children in the care of the |
| 81 | state's dependency system need appropriate health care services, |
| 82 | that the impact of substance abuse on health indicates the need |
| 83 | for health care services to include substance abuse services to |
| 84 | children and parents where appropriate, and that it is in the |
| 85 | state's best interest that such children be provided the |
| 86 | services they need to enable them to become and remain |
| 87 | independent of state care. In order to provide these services, |
| 88 | the state's dependency system must have the ability to identify |
| 89 | and provide appropriate intervention and treatment for children |
| 90 | with personal or family-related substance abuse problems. |
| 91 | (d) It is the intent of the Legislature to encourage the |
| 92 | court to support the drug court program model by assessing |
| 93 | parents and children to identify and address substance abuse |
| 94 | problems as the court deems appropriate at every stage of the |
| 95 | dependency process. Participation in treatment, including a |
| 96 | treatment-based drug court program, may be required by the court |
| 97 | following adjudication. This subsection does not prevent a |
| 98 | child's parents and, when appropriate, the legal custodian from |
| 99 | voluntarily entering treatment, including a treatment-based drug |
| 100 | court program, at the earliest stage of the process. Nothing in |
| 101 | this subsection precludes a court from ordering drug testing |
| 102 | where substance abuse is suspected to determine the safety of |
| 103 | the placement of a child with a caretaker. |
| 104 | (e) It is therefore the purpose of the Legislature to |
| 105 | provide authority for the state to contract with community |
| 106 | substance abuse treatment providers for the development and |
| 107 | operation of specialized support and overlay services for the |
| 108 | dependency system, which will be fully implemented and used |
| 109 | utilized as resources permit. |
| 110 | (f) It is the intent of the Legislature to encourage the |
| 111 | Department of Children and Family Services, in conjunction with |
| 112 | community agencies; treatment-based facilities; facilities |
| 113 | dedicated to child welfare, child development, and mental health |
| 114 | services; the Department of Health; other similar agencies; |
| 115 | local governments; law enforcement agencies; and other |
| 116 | interested public or private sources to support the drug court |
| 117 | program model. Participation in the treatment-based drug court |
| 118 | program does not divest any public or private agency of its |
| 119 | responsibility for a child or adult, but enables these agencies |
| 120 | to better meet their needs through shared responsibility and |
| 121 | resources. |
| 122 | Section 2. Subsections (11) through (16) of section |
| 123 | 39.402, Florida Statutes, are renumbered as subsections (12) |
| 124 | through (17), respectively, and a new subsection (11) is added |
| 125 | to said section to read: |
| 126 | 39.402 Placement in a shelter.-- |
| 127 | (11) At the shelter hearing, the court may order the child |
| 128 | or the child's parent, caregiver, legal custodian, or other |
| 129 | person requesting custody of the child to submit to a substance |
| 130 | abuse assessment or evaluation. The assessment or evaluation |
| 131 | must be administered by a qualified professional, as defined in |
| 132 | s. 397.311. The order may be made only upon good cause shown. |
| 133 | Section 3. Section 39.407, Florida Statutes, is amended to |
| 134 | read: |
| 135 | 39.407 Medical, psychiatric, and psychological examination |
| 136 | and treatment of child; physical, or mental, or substance abuse |
| 137 | examination of parent or person requesting custody of child.-- |
| 138 | (1) When any child is removed from the home and maintained |
| 139 | in an out-of-home placement, the department is authorized to |
| 140 | have a medical screening performed on the child without |
| 141 | authorization from the court and without consent from a parent |
| 142 | or legal custodian. Such medical screening shall be performed by |
| 143 | a licensed health care professional and shall be to examine the |
| 144 | child for injury, illness, and communicable diseases and to |
| 145 | determine the need for immunization. The department shall by |
| 146 | rule establish the invasiveness of the medical procedures |
| 147 | authorized to be performed under this subsection. In no case |
| 148 | does this subsection authorize the department to consent to |
| 149 | medical treatment for such children. |
| 150 | (2) When the department has performed the medical |
| 151 | screening authorized by subsection (1), or when it is otherwise |
| 152 | determined by a licensed health care professional that a child |
| 153 | who is in an out-of-home placement, but who has not been |
| 154 | committed to the department, is in need of medical treatment, |
| 155 | including the need for immunization, consent for medical |
| 156 | treatment shall be obtained in the following manner: |
| 157 | (a)1. Consent to medical treatment shall be obtained from |
| 158 | a parent or legal custodian of the child; or |
| 159 | 2. A court order for such treatment shall be obtained. |
| 160 | (b) If a parent or legal custodian of the child is |
| 161 | unavailable and his or her whereabouts cannot be reasonably |
| 162 | ascertained, and it is after normal working hours so that a |
| 163 | court order cannot reasonably be obtained, an authorized agent |
| 164 | of the department shall have the authority to consent to |
| 165 | necessary medical treatment, including immunization, for the |
| 166 | child. The authority of the department to consent to medical |
| 167 | treatment in this circumstance shall be limited to the time |
| 168 | reasonably necessary to obtain court authorization. |
| 169 | (c) If a parent or legal custodian of the child is |
| 170 | available but refuses to consent to the necessary treatment, |
| 171 | including immunization, a court order shall be required unless |
| 172 | the situation meets the definition of an emergency in s. 743.064 |
| 173 | or the treatment needed is related to suspected abuse, |
| 174 | abandonment, or neglect of the child by a parent, caregiver, or |
| 175 | legal custodian. In such case, the department shall have the |
| 176 | authority to consent to necessary medical treatment. This |
| 177 | authority is limited to the time reasonably necessary to obtain |
| 178 | court authorization. |
| 179 |
|
| 180 | In no case shall the department consent to sterilization, |
| 181 | abortion, or termination of life support. |
| 182 | (3)(a) A judge may order a child in an out-of-home |
| 183 | placement to be examined by a licensed health care professional. |
| 184 | (b) The judge may also order such child to be evaluated by |
| 185 | a psychiatrist or a psychologist or, if a developmental |
| 186 | disability is suspected or alleged, by the developmental |
| 187 | disability diagnostic and evaluation team of the department. If |
| 188 | it is necessary to place a child in a residential facility for |
| 189 | such evaluation, the criteria and procedure established in s. |
| 190 | 394.463(2) or chapter 393 shall be used, whichever is |
| 191 | applicable. |
| 192 | (c) The judge may also order such child to be evaluated by |
| 193 | a district school board educational needs assessment team. The |
| 194 | educational needs assessment provided by the district school |
| 195 | board educational needs assessment team shall include, but not |
| 196 | be limited to, reports of intelligence and achievement tests, |
| 197 | screening for learning disabilities and other handicaps, and |
| 198 | screening for the need for alternative education as defined in |
| 199 | s. 1001.42. |
| 200 | (4) A judge may order a child in an out-of-home placement |
| 201 | to be treated by a licensed health care professional based on |
| 202 | evidence that the child should receive treatment. The judge may |
| 203 | also order such child to receive mental health or developmental |
| 204 | disabilities services from a psychiatrist, psychologist, or |
| 205 | other appropriate service provider. Except as provided in |
| 206 | subsection (5), if it is necessary to place the child in a |
| 207 | residential facility for such services, the procedures and |
| 208 | criteria established in s. 394.467 or chapter 393 shall be used, |
| 209 | whichever is applicable. A child may be provided developmental |
| 210 | disabilities or mental health services in emergency situations, |
| 211 | pursuant to the procedures and criteria contained in s. |
| 212 | 394.463(1) or chapter 393, whichever is applicable. |
| 213 | (5) Children who are in the legal custody of the |
| 214 | department may be placed by the department, without prior |
| 215 | approval of the court, in a residential treatment center |
| 216 | licensed under s. 394.875 or a hospital licensed under chapter |
| 217 | 395 for residential mental health treatment only pursuant to |
| 218 | this section or may be placed by the court in accordance with an |
| 219 | order of involuntary examination or involuntary placement |
| 220 | entered pursuant to s. 394.463 or s. 394.467. All children |
| 221 | placed in a residential treatment program under this subsection |
| 222 | must have a guardian ad litem appointed. |
| 223 | (a) As used in this subsection, the term: |
| 224 | 1. "Residential treatment" means placement for |
| 225 | observation, diagnosis, or treatment of an emotional disturbance |
| 226 | in a residential treatment center licensed under s. 394.875 or a |
| 227 | hospital licensed under chapter 395. |
| 228 | 2. "Least restrictive alternative" means the treatment and |
| 229 | conditions of treatment that, separately and in combination, are |
| 230 | no more intrusive or restrictive of freedom than reasonably |
| 231 | necessary to achieve a substantial therapeutic benefit or to |
| 232 | protect the child or adolescent or others from physical injury. |
| 233 | 3. "Suitable for residential treatment" or "suitability" |
| 234 | means a determination concerning a child or adolescent with an |
| 235 | emotional disturbance as defined in s. 394.492(5) or a serious |
| 236 | emotional disturbance as defined in s. 394.492(6) that each of |
| 237 | the following criteria is met: |
| 238 | a. The child requires residential treatment. |
| 239 | b. The child is in need of a residential treatment program |
| 240 | and is expected to benefit from mental health treatment. |
| 241 | c. An appropriate, less restrictive alternative to |
| 242 | residential treatment is unavailable. |
| 243 | (b) Whenever the department believes that a child in its |
| 244 | legal custody is emotionally disturbed and may need residential |
| 245 | treatment, an examination and suitability assessment must be |
| 246 | conducted by a qualified evaluator who is appointed by the |
| 247 | Agency for Health Care Administration. This suitability |
| 248 | assessment must be completed before the placement of the child |
| 249 | in a residential treatment center for emotionally disturbed |
| 250 | children and adolescents or a hospital. The qualified evaluator |
| 251 | must be a psychiatrist or a psychologist licensed in Florida who |
| 252 | has at least 3 years of experience in the diagnosis and |
| 253 | treatment of serious emotional disturbances in children and |
| 254 | adolescents and who has no actual or perceived conflict of |
| 255 | interest with any inpatient facility or residential treatment |
| 256 | center or program. |
| 257 | (c) Before a child is admitted under this subsection, the |
| 258 | child shall be assessed for suitability for residential |
| 259 | treatment by a qualified evaluator who has conducted a personal |
| 260 | examination and assessment of the child and has made written |
| 261 | findings that: |
| 262 | 1. The child appears to have an emotional disturbance |
| 263 | serious enough to require residential treatment and is |
| 264 | reasonably likely to benefit from the treatment. |
| 265 | 2. The child has been provided with a clinically |
| 266 | appropriate explanation of the nature and purpose of the |
| 267 | treatment. |
| 268 | 3. All available modalities of treatment less restrictive |
| 269 | than residential treatment have been considered, and a less |
| 270 | restrictive alternative that would offer comparable benefits to |
| 271 | the child is unavailable. |
| 272 |
|
| 273 | A copy of the written findings of the evaluation and suitability |
| 274 | assessment must be provided to the department and to the |
| 275 | guardian ad litem, who shall have the opportunity to discuss the |
| 276 | findings with the evaluator. |
| 277 | (d) Immediately upon placing a child in a residential |
| 278 | treatment program under this section, the department must notify |
| 279 | the guardian ad litem and the court having jurisdiction over the |
| 280 | child and must provide the guardian ad litem and the court with |
| 281 | a copy of the assessment by the qualified evaluator. |
| 282 | (e) Within 10 days after the admission of a child to a |
| 283 | residential treatment program, the director of the residential |
| 284 | treatment program or the director's designee must ensure that an |
| 285 | individualized plan of treatment has been prepared by the |
| 286 | program and has been explained to the child, to the department, |
| 287 | and to the guardian ad litem, and submitted to the department. |
| 288 | The child must be involved in the preparation of the plan to the |
| 289 | maximum feasible extent consistent with his or her ability to |
| 290 | understand and participate, and the guardian ad litem and the |
| 291 | child's foster parents must be involved to the maximum extent |
| 292 | consistent with the child's treatment needs. The plan must |
| 293 | include a preliminary plan for residential treatment and |
| 294 | aftercare upon completion of residential treatment. The plan |
| 295 | must include specific behavioral and emotional goals against |
| 296 | which the success of the residential treatment may be measured. |
| 297 | A copy of the plan must be provided to the child, to the |
| 298 | guardian ad litem, and to the department. |
| 299 | (f) Within 30 days after admission, the residential |
| 300 | treatment program must review the appropriateness and |
| 301 | suitability of the child's placement in the program. The |
| 302 | residential treatment program must determine whether the child |
| 303 | is receiving benefit toward the treatment goals and whether the |
| 304 | child could be treated in a less restrictive treatment program. |
| 305 | The residential treatment program shall prepare a written report |
| 306 | of its findings and submit the report to the guardian ad litem |
| 307 | and to the department. The department must submit the report to |
| 308 | the court. The report must include a discharge plan for the |
| 309 | child. The residential treatment program must continue to |
| 310 | evaluate the child's treatment progress every 30 days thereafter |
| 311 | and must include its findings in a written report submitted to |
| 312 | the department. The department may not reimburse a facility |
| 313 | until the facility has submitted every written report that is |
| 314 | due. |
| 315 | (g)1. The department must submit, at the beginning of each |
| 316 | month, to the court having jurisdiction over the child, a |
| 317 | written report regarding the child's progress toward achieving |
| 318 | the goals specified in the individualized plan of treatment. |
| 319 | 2. The court must conduct a hearing to review the status |
| 320 | of the child's residential treatment plan no later than 3 months |
| 321 | after the child's admission to the residential treatment |
| 322 | program. An independent review of the child's progress toward |
| 323 | achieving the goals and objectives of the treatment plan must be |
| 324 | completed by a qualified evaluator and submitted to the court |
| 325 | before its 3-month review. |
| 326 | 3. For any child in residential treatment at the time a |
| 327 | judicial review is held pursuant to s. 39.701, the child's |
| 328 | continued placement in residential treatment must be a subject |
| 329 | of the judicial review. |
| 330 | 4. If at any time the court determines that the child is |
| 331 | not suitable for continued residential treatment, the court |
| 332 | shall order the department to place the child in the least |
| 333 | restrictive setting that is best suited to meet his or her |
| 334 | needs. |
| 335 | (h) After the initial 3-month review, the court must |
| 336 | conduct a review of the child's residential treatment plan every |
| 337 | 90 days. |
| 338 | (i) The department must adopt rules for implementing |
| 339 | timeframes for the completion of suitability assessments by |
| 340 | qualified evaluators and a procedure that includes timeframes |
| 341 | for completing the 3-month independent review by the qualified |
| 342 | evaluators of the child's progress toward achieving the goals |
| 343 | and objectives of the treatment plan which review must be |
| 344 | submitted to the court. The Agency for Health Care |
| 345 | Administration must adopt rules for the registration of |
| 346 | qualified evaluators, the procedure for selecting the evaluators |
| 347 | to conduct the reviews required under this section, and a |
| 348 | reasonable, cost-efficient fee schedule for qualified |
| 349 | evaluators. |
| 350 | (6) When a child is in an out-of-home placement, a |
| 351 | licensed health care professional shall be immediately called if |
| 352 | there are indications of physical injury or illness, or the |
| 353 | child shall be taken to the nearest available hospital for |
| 354 | emergency care. |
| 355 | (7) Except as otherwise provided herein, nothing in this |
| 356 | section shall be deemed to eliminate the right of a parent, |
| 357 | legal custodian, or the child to consent to examination or |
| 358 | treatment for the child. |
| 359 | (8) Except as otherwise provided herein, nothing in this |
| 360 | section shall be deemed to alter the provisions of s. 743.064. |
| 361 | (9) A court shall not be precluded from ordering services |
| 362 | or treatment to be provided to the child by a duly accredited |
| 363 | practitioner who relies solely on spiritual means for healing in |
| 364 | accordance with the tenets and practices of a church or |
| 365 | religious organization, when required by the child's health and |
| 366 | when requested by the child. |
| 367 | (10) Nothing in this section shall be construed to |
| 368 | authorize the permanent sterilization of the child unless such |
| 369 | sterilization is the result of or incidental to medically |
| 370 | necessary treatment to protect or preserve the life of the |
| 371 | child. |
| 372 | (11) For the purpose of obtaining an evaluation or |
| 373 | examination, or receiving treatment as authorized pursuant to |
| 374 | this section, no child alleged to be or found to be dependent |
| 375 | shall be placed in a detention home or other program used |
| 376 | primarily for the care and custody of children alleged or found |
| 377 | to have committed delinquent acts. |
| 378 | (12) The parents or legal custodian of a child in an out- |
| 379 | of-home placement remain financially responsible for the cost of |
| 380 | medical treatment provided to the child even if either one or |
| 381 | both of the parents or if the legal custodian did not consent to |
| 382 | the medical treatment. After a hearing, the court may order the |
| 383 | parents or legal custodian, if found able to do so, to reimburse |
| 384 | the department or other provider of medical services for |
| 385 | treatment provided. |
| 386 | (13) Nothing in this section alters the authority of the |
| 387 | department to consent to medical treatment for a dependent child |
| 388 | when the child has been committed to the department and the |
| 389 | department has become the legal custodian of the child. |
| 390 | (14) At any time after the filing of a shelter petition or |
| 391 | petition for dependency, when the mental or physical condition, |
| 392 | including the blood group, of a parent, caregiver, legal |
| 393 | custodian, or other person requesting custody of a child is in |
| 394 | controversy, the court may order the person to submit to a |
| 395 | physical or mental examination by a qualified professional. The |
| 396 | order may be made only upon good cause shown and pursuant to |
| 397 | notice and procedures as set forth by the Florida Rules of |
| 398 | Juvenile Procedure. |
| 399 | (15) At any time after a shelter petition or petition for |
| 400 | dependency is filed, the court may order a child or the child's |
| 401 | parent, caregiver, legal custodian, or other person requesting |
| 402 | custody of the child, if it has not already done so, to submit |
| 403 | to a substance abuse assessment and evaluation. The assessment |
| 404 | or evaluation must be administered by a qualified professional, |
| 405 | as defined in s. 397.311. The order may be made only upon good |
| 406 | cause shown. |
| 407 | Section 4. Subsection (9) is added to section 39.507, |
| 408 | Florida Statutes, to read: |
| 409 | 39.507 Adjudicatory hearings; orders of adjudication.-- |
| 410 | (9) The court may order a child or the child's parent, |
| 411 | caregiver, legal custodian, or other person requesting custody |
| 412 | of the child, if it has not already done so, to submit to a |
| 413 | substance abuse assessment or evaluation. The assessment or |
| 414 | evaluation must be administered by a qualified professional, as |
| 415 | defined in s. 397.311. The court may also require such person to |
| 416 | participate in and comply with treatment and services identified |
| 417 | as necessary, including, when appropriate and available, |
| 418 | participation in and compliance with a treatment-based drug |
| 419 | court program. The court, including the treatment-based drug |
| 420 | court program, shall oversee the progress and compliance with |
| 421 | treatment by the child or the child's parent, legal custodian, |
| 422 | caregiver, or other person requesting custody of the child, and |
| 423 | shall impose appropriate available sanctions for noncompliance |
| 424 | upon the child or the child's parent, legal custodian, |
| 425 | caregiver, or other person requesting custody of the child. Any |
| 426 | order entered under this subsection may be made only upon good |
| 427 | cause shown. |
| 428 | Section 5. Paragraph (b) of subsection (1) of section |
| 429 | 39.521, Florida Statutes, is amended to read: |
| 430 | 39.521 Disposition hearings; powers of disposition.-- |
| 431 | (1) A disposition hearing shall be conducted by the court, |
| 432 | if the court finds that the facts alleged in the petition for |
| 433 | dependency were proven in the adjudicatory hearing, or if the |
| 434 | parents or legal custodians have consented to the finding of |
| 435 | dependency or admitted the allegations in the petition, have |
| 436 | failed to appear for the arraignment hearing after proper |
| 437 | notice, or have not been located despite a diligent search |
| 438 | having been conducted. |
| 439 | (b) When any child is adjudicated by a court to be |
| 440 | dependent, the court having jurisdiction of the child has the |
| 441 | power by order to: |
| 442 | 1. Require the parent and, when appropriate, the legal |
| 443 | custodian and the child, to participate in treatment and |
| 444 | services identified as necessary. The court may require a child |
| 445 | or the child's parent, caregiver, legal custodian, or other |
| 446 | person requesting custody of the child to submit to a substance |
| 447 | abuse assessment or evaluation. The assessment or evaluation |
| 448 | must be administered by a qualified professional, as defined in |
| 449 | s. 397.311. The court may also require such person to |
| 450 | participate in and comply with treatment and services identified |
| 451 | as necessary, including participation in and compliance with a |
| 452 | treatment-based drug court program, when appropriate and if |
| 453 | available. The court, including the treatment-based drug court |
| 454 | program, shall oversee the progress and compliance with |
| 455 | treatment by the child or the child's parent, legal custodian, |
| 456 | caregiver, or other person requesting custody of the child, and |
| 457 | shall impose appropriate available sanctions for noncompliance |
| 458 | upon the child or the child's parent, legal custodian, |
| 459 | caregiver, or other person requesting custody of the child. Any |
| 460 | order entered under this subparagraph may be made only upon good |
| 461 | cause shown. |
| 462 | 2. Require, if the court deems necessary, the parties to |
| 463 | participate in dependency mediation. |
| 464 | 3. Require placement of the child either under the |
| 465 | protective supervision of an authorized agent of the department |
| 466 | in the home of one or both of the child's parents or in the home |
| 467 | of a relative of the child or another adult approved by the |
| 468 | court, or in the custody of the department. Protective |
| 469 | supervision continues until the court terminates it or until the |
| 470 | child reaches the age of 18, whichever date is first. Protective |
| 471 | supervision shall be terminated by the court whenever the court |
| 472 | determines that permanency has been achieved for the child, |
| 473 | whether with a parent, another relative, or a legal custodian, |
| 474 | and that protective supervision is no longer needed. The |
| 475 | termination of supervision may be with or without retaining |
| 476 | jurisdiction, at the court's discretion, and shall in either |
| 477 | case be considered a permanency option for the child. The order |
| 478 | terminating supervision by the department shall set forth the |
| 479 | powers of the custodian of the child and shall include the |
| 480 | powers ordinarily granted to a guardian of the person of a minor |
| 481 | unless otherwise specified. Upon the court's termination of |
| 482 | supervision by the department, no further judicial reviews are |
| 483 | required, so long as permanency has been established for the |
| 484 | child. |
| 485 | Section 6. Paragraph (d) of subsection (8) of section |
| 486 | 39.701, Florida Statutes, is amended to read: |
| 487 | 39.701 Judicial review.-- |
| 488 | (8) |
| 489 | (d) The court may extend the time limitation of the case |
| 490 | plan, or may modify the terms of the plan, which, in addition to |
| 491 | other modifications, may include a requirement that the parent, |
| 492 | foster parent, or legal custodian participate in a treatment- |
| 493 | based drug court program, based upon information provided by the |
| 494 | social service agency, and the guardian ad litem, if one has |
| 495 | been appointed, the parent or parents, and the foster parents or |
| 496 | legal custodian, and any other competent information on record |
| 497 | demonstrating the need for the amendment. If the court extends |
| 498 | the time limitation of the case plan, the court must make |
| 499 | specific findings concerning the frequency of past parent-child |
| 500 | visitation, if any, and the court may authorize the expansion or |
| 501 | restriction of future visitation. Modifications to the plan must |
| 502 | be handled as prescribed in s. 39.601. Any extension of a case |
| 503 | plan must comply with the time requirements and other |
| 504 | requirements specified by this chapter. |
| 505 | Section 7. Section 397.334, Florida Statutes, as amended |
| 506 | by chapter 2003-402, Laws of Florida, is amended to read: |
| 507 | 397.334 Treatment-based drug court programs.-- |
| 508 | (1) Each county may fund a treatment-based drug court |
| 509 | program under which persons in the justice system assessed with |
| 510 | a substance abuse problem will be processed in such a manner as |
| 511 | to appropriately address the severity of the identified |
| 512 | substance abuse problem through treatment services plans |
| 513 | tailored to the individual needs of the participant. It is the |
| 514 | intent of the Legislature to encourage the Department of |
| 515 | Corrections, the Department of Children and Family Services, the |
| 516 | Department of Juvenile Justice, the Department of Health, the |
| 517 | Department of Law Enforcement, the Department of Education, and |
| 518 | other such other agencies, local governments, law enforcement |
| 519 | agencies, and other interested public or private sources, and |
| 520 | individuals to support the creation and establishment of these |
| 521 | problem-solving court programs. Participation in the treatment- |
| 522 | based drug court programs does not divest any public or private |
| 523 | agency of its responsibility for a child or adult, but enables |
| 524 | allows these agencies to better meet their needs through shared |
| 525 | responsibility and resources. |
| 526 | (2) The treatment-based drug court programs shall include |
| 527 | therapeutic jurisprudence principles and adhere to the following |
| 528 | 10 key components, recognized by the Drug Courts Program Office |
| 529 | of the Office of Justice Programs of the United States |
| 530 | Department of Justice and adopted by the Florida Supreme Court |
| 531 | Treatment-Based Drug Court Steering Committee: |
| 532 | (a) Drug court programs integrate alcohol and other drug |
| 533 | treatment services with justice system case processing. |
| 534 | (b) Using a nonadversarial approach, prosecution and |
| 535 | defense counsel promote public safety while protecting |
| 536 | participants' due process rights. |
| 537 | (c) Eligible participants are identified early and |
| 538 | promptly placed in the drug court program. |
| 539 | (d) Drug court programs provide access to a continuum of |
| 540 | alcohol, drug, and other related treatment and rehabilitation |
| 541 | services. |
| 542 | (e) Abstinence is monitored by frequent testing for |
| 543 | alcohol and other drugs. |
| 544 | (f) A coordinated strategy governs drug court program |
| 545 | responses to participants' compliance. |
| 546 | (g) Ongoing judicial interaction with each drug court |
| 547 | program participant is essential. |
| 548 | (h) Monitoring and evaluation measure the achievement of |
| 549 | program goals and gauge program effectiveness. |
| 550 | (i) Continuing interdisciplinary education promotes |
| 551 | effective drug court program planning, implementation, and |
| 552 | operations. |
| 553 | (j) Forging partnerships among drug court programs, public |
| 554 | agencies, and community-based organizations generates local |
| 555 | support and enhances drug court program effectiveness. |
| 556 | (3) Treatment-based drug court programs may include |
| 557 | pretrial intervention programs as provided in ss. 948.08, |
| 558 | 948.16, and 985.306, postadjudicatory programs, and the |
| 559 | monitoring of sentenced offenders through a treatment-based drug |
| 560 | court program. Supervision may also be provided for offenders |
| 561 | who transfer from jail or a prison-based treatment program into |
| 562 | the community. |
| 563 | (4) Contingent upon an annual appropriation by the |
| 564 | Legislature, each judicial circuit shall establish, at a |
| 565 | minimum, one coordinator position for the treatment-based drug |
| 566 | court program within the state courts system to coordinate the |
| 567 | responsibilities of the participating agencies and service |
| 568 | providers. Each coordinator shall provide direct support to the |
| 569 | treatment-based drug court program by providing coordination |
| 570 | between the multidisciplinary team and the judiciary, providing |
| 571 | case management, monitoring compliance of the participants in |
| 572 | the treatment-based drug court program with court requirements, |
| 573 | and providing program evaluation and accountability. |
| 574 | (5)(4)(a) The Florida Association of Drug Court Program |
| 575 | Professionals is created. The membership of the association may |
| 576 | consist of treatment-based drug court program practitioners who |
| 577 | comprise the multidisciplinary treatment-based drug court |
| 578 | program team, including, but not limited to, judges, state |
| 579 | attorneys, defense counsel, drug court program coordinators, |
| 580 | probation officers, law enforcement officers, community |
| 581 | representatives, members of the academic community, and |
| 582 | treatment professionals. Membership in the association shall be |
| 583 | voluntary. |
| 584 | (b) The association shall annually elect a chair whose |
| 585 | duty is to solicit recommendations from members on issues |
| 586 | relating to the expansion, operation, and institutionalization |
| 587 | of treatment-based drug court programs. The chair is responsible |
| 588 | for providing on or before October 1 of each year the |
| 589 | association's recommendations and an annual report, to the |
| 590 | appropriate Supreme Court Treatment-Based Drug Court Steering |
| 591 | committee or to the appropriate personnel of the Office of the |
| 592 | State Courts Administrator, and shall submit a report each year, |
| 593 | on or before October 1, to the steering committee. |
| 594 | (6)(5) If a county chooses to fund a treatment-based drug |
| 595 | court program, the county must secure funding from sources other |
| 596 | than the state for those costs not otherwise assumed by the |
| 597 | state pursuant to s. 29.004. Counties may provide, by interlocal |
| 598 | agreement, for the collective funding of these programs. |
| 599 | (7) The chief judge of each judicial circuit may appoint |
| 600 | an advisory committee for the treatment-based drug court |
| 601 | program. The committee shall be composed of the chief judge, or |
| 602 | his or her designee, who shall serve as chair; the judge of the |
| 603 | treatment-based drug court program, if not otherwise designated |
| 604 | by the chief judge as his or her designee; the state attorney, |
| 605 | or his or her designee; the public defender, or his or her |
| 606 | designee; the treatment-based drug court program coordinators; |
| 607 | community representatives; treatment representatives; and any |
| 608 | other persons the chair finds are appropriate. |
| 609 | Section 8. Paragraphs (b) and (e) of subsection (5) of |
| 610 | section 910.035, Florida Statutes, are amended to read: |
| 611 | 910.035 Transfer from county for plea and sentence.-- |
| 612 | (5) Any person eligible for participation in a drug court |
| 613 | treatment program pursuant to s. 948.08(6) may be eligible to |
| 614 | have the case transferred to a county other than that in which |
| 615 | the charge arose if the drug court program agrees and if the |
| 616 | following conditions are met: |
| 617 | (b) If approval for transfer is received from all parties, |
| 618 | the trial court shall accept a plea of nolo contendere and enter |
| 619 | a transfer order directing the clerk to transfer the case to the |
| 620 | county which has accepted the defendant into its drug court |
| 621 | program. |
| 622 | (e) Upon successful completion of the drug court program, |
| 623 | the jurisdiction to which the case has been transferred shall |
| 624 | dispose of the case pursuant to s. 948.08(6). If the defendant |
| 625 | does not complete the drug court program successfully, the |
| 626 | jurisdiction to which the case has been transferred shall |
| 627 | dispose of the case within the guidelines of the Criminal |
| 628 | Punishment Code case shall be prosecuted as determined by the |
| 629 | state attorneys of the sending and receiving counties. |
| 630 | Section 9. This act shall take effect July 1, 2004. |