Senate Bill sb0316

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 316

    By Senator Lynn





    7-24A-04                                                See HB

  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; authorizing the court to

  7         require certain persons to undergo treatment

  8         following adjudication; amending ss. 39.402 and

  9         39.407, F.S.; authorizing the court to order

10         specified persons to submit to a substance

11         abuse assessment upon a showing of good cause

12         in connection with a shelter hearing or

13         petition for dependency; authorizing sanctions

14         for noncompliance; amending ss. 39.507 and

15         39.521, F.S.; authorizing the court to order

16         specified persons to submit to a substance

17         abuse assessment as part of an adjudicatory

18         order or pursuant to a disposition hearing;

19         requiring a showing of good cause; authorizing

20         the court to require participation in a

21         treatment-based drug court program; authorizing

22         the court to impose sanctions for

23         noncompliance; amending s. 39.701, F.S.;

24         authorizing the court to extend the time for

25         completing a case plan during judicial review,

26         based upon participation in a treatment-based

27         drug court program; amending s. 397.334, F.S.;

28         revising legislative intent with respect to

29         treatment-based drug court programs to reflect

30         participation by community support agencies,

31         the Department of Education, and other

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1         individuals; including postadjudicatory

 2         programs as part of treatment-based drug court

 3         programs; requiring each judicial circuit to

 4         establish a position for a coordinator of the

 5         treatment-based drug court program; requiring

 6         the chief judge of each judicial circuit to

 7         appoint an advisory committee for the

 8         treatment-based drug court program; providing

 9         for membership of the committee; revising

10         provisions with respect to an annual report;

11         amending s. 910.035, F.S.; revising provisions

12         with respect to conditions for the transfer of

13         a case in the drug court treatment program to a

14         county other than that in which the charge

15         arose; amending s. 948.08, F.S.; revising

16         eligibility requirements for participation in

17         pretrial intervention programs; authorizing the

18         court to refer certain defendants who are

19         assessed with a substance abuse problem to a

20         pretrial intervention program with the approval

21         of the state attorney; deleting provisions

22         authorizing advisory committees for the

23         district pretrial intervention programs;

24         amending s. 985.306, F.S.; revising eligibility

25         requirements for participation in delinquency

26         pretrial intervention programs; authorizing the

27         court to refer certain juveniles who are

28         assessed as having a substance abuse problem to

29         a substance abuse education and treatment

30         intervention program; deleting provisions

31         authorizing advisory committees for the

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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 cost

20  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 the state:

29         1.  To ensure the safety of children.

30         2.  To prevent and remediate the consequences of

31  substance abuse on families involved in protective supervision

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  or foster care and reduce substance abuse, including alcohol

 2  abuse, for families who are at risk of being involved in

 3  protective supervision or foster care.

 4         3.  To expedite permanency for children and reunify

 5  healthy, intact families, when appropriate.

 6         4.  To 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 to identify and address substance abuse

22  problems as the court deems appropriate at every stage of the

23  dependency process. Participation in treatment, including a

24  treatment-based drug court program, may be required by the

25  court following adjudication. This subsection does not prevent

26  a child's parents and, when appropriate, the legal custodian

27  from voluntarily entering treatment, including a

28  treatment-based drug court program, at the earliest stage of

29  the process. Nothing in this section precludes a court from

30  ordering drug testing where substance abuse is suspected to

31  

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  determine the safety of the placement of a child with a

 2  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.  Subsections (11) through (16) of section

22  39.402, Florida Statutes, are renumbered as subsections (12)

23  through (17), respectively, and a new subsection (11) is added

24  to that section to read:

25         39.402  Placement in a shelter.--

26         (11)  At the shelter hearing, if the mental or physical

27  condition of a child or the child's parent, caregiver, legal

28  custodian, or other person requesting custody of the child is

29  in 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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

31  

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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 mental or physical condition

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  of a child or the child's parent, caregiver, legal custodian,

 2  or other person requesting custody of the child is in

 3  controversy, the court, if it has not already done so, may

 4  order the person to submit to a substance abuse assessment and

 5  evaluation. The assessment or evaluation must be administered

 6  by a qualified professional, as defined in s. 397.311. The

 7  order may be made only upon good cause shown and pursuant to

 8  the notice and procedures set forth in the Florida Rules of

 9  Juvenile 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 mental or physical condition of a child or

15  the child's parent, caregiver, legal custodian, or other

16  person requesting custody of the child is in controversy, the

17  court, if it has not already done so, may require the person

18  to submit to a substance abuse assessment or evaluation. The

19  assessment or evaluation must be administered by a qualified

20  professional, as defined in s. 397.311. The court may also

21  require such person to participate in and comply with

22  treatment and services identified as necessary, including,

23  when appropriate and available, participation and compliance

24  with a treatment-based drug court program. The court,

25  including the treatment-based drug court program, shall

26  oversee the progress and compliance with treatment by the

27  child or the child's parent, legal custodian, caregiver, or

28  other person requesting custody of the child, and shall impose

29  appropriate available sanctions for noncompliance upon the

30  child's parent, legal custodian, caregiver, or other person

31  requesting custody of the child. Any order entered under this

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  subsection may be made only upon good cause shown and pursuant

 2  to the notice and procedures set forth in the Florida Rules of

 3  Juvenile 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  mental or physical condition is in controversy. The assessment

23  or evaluation must be administered by a qualified

24  professional, as defined in s. 397.311. The court may also

25  require such person to participate in treatment and services

26  identified as necessary, including participation and

27  compliance with a treatment-based drug court program, when

28  appropriate and if available. The court, including the

29  treatment-based drug court program, shall oversee the progress

30  and compliance with treatment by the child or the child's

31  parent, legal custodian, caregiver, or other person requesting

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  custody of the child, and shall impose appropriate available

 2  sanctions for noncompliance upon the child's parent, legal

 3  custodian, caregiver, or other person requesting custody of

 4  the child. Any order entered under this paragraph may be made

 5  only upon good cause shown and pursuant to the notice and

 6  procedures set forth in the Florida Rules of Juvenile

 7  Procedure the parent and, when appropriate, the legal

 8  custodian and the child, to participate in treatment and

 9  services identified as necessary.

10         2.  Require, if the court deems necessary, the parties

11  to participate in dependency mediation.

12         3.  Require placement of the child either under the

13  protective supervision of an authorized agent of the

14  department in the home of one or both of the child's parents

15  or in the home of a relative of the child or another adult

16  approved by the court, or in the custody of the department.

17  Protective supervision continues until the court terminates it

18  or until the child reaches the age of 18, whichever date is

19  first. Protective supervision shall be terminated by the court

20  whenever the court determines that permanency has been

21  achieved for the child, whether with a parent, another

22  relative, or a legal custodian, and that protective

23  supervision is no longer needed. The termination of

24  supervision may be with or without retaining jurisdiction, at

25  the court's discretion, and shall in either case be considered

26  a permanency option for the child. The order terminating

27  supervision by the department shall set forth the powers of

28  the custodian of the child and shall include the powers

29  ordinarily granted to a guardian of the person of a minor

30  unless otherwise specified. Upon the court's termination of

31  supervision by the department, no further judicial reviews are

                                  17

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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)  Each county may fund a treatment-based drug court

28  program under which persons in the justice system assessed

29  with a substance abuse problem will be processed in such a

30  manner as to appropriately address the severity of the

31  identified substance abuse problem through treatment plans

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  tailored to the individual needs of the participant. It is the

 2  intent of the Legislature to encourage the Department of

 3  Corrections, the Department of Children and Family Services,

 4  the Department of Juvenile Justice, the Department of Health,

 5  the Department of Law Enforcement, the Department of

 6  Education, and other such other agencies, local governments,

 7  law enforcement agencies, and other interested public or

 8  private sources, and individuals to support the creation and

 9  establishment of these problem-solving court programs.

10  Participation in the treatment-based drug court programs does

11  not divest any public or private agency of its responsibility

12  for a child or adult, but enables allows these agencies to

13  better meet their needs through shared responsibility and

14  resources.

15         (2)  The treatment-based drug court programs shall

16  include therapeutic jurisprudence principles and adhere to the

17  following 10 key components, recognized by the Drug Courts

18  Program Office of the Office of Justice Programs of the United

19  States Department of Justice and adopted by the Florida

20  Supreme Court Treatment-Based Drug Court Steering Committee:

21         (a)  Drug court programs integrate alcohol and other

22  drug treatment services with justice system case processing.

23         (b)  Using a nonadversarial approach, prosecution and

24  defense counsel promote public safety while protecting

25  participants' due process rights.

26         (c)  Eligible participants are identified early and

27  promptly placed in the drug court program.

28         (d)Drug court programs provide access to a continuum of

29  alcohol, drug, and other related treatment and rehabilitation

30  services.

31  

                                  19

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1         (e)  Abstinence is monitored by frequent testing for

 2  alcohol and other drugs.

 3         (f)  A coordinated strategy governs drug court program

 4  responses to participants' compliance.

 5         (g)  Ongoing judicial interaction with each drug court

 6  program participant is essential.

 7         (h)  Monitoring and evaluation measure the achievement

 8  of program goals and gauge program effectiveness.

 9         (i)  Continuing interdisciplinary education promotes

10  effective drug court program planning, implementation, and

11  operations.

12         (j)  Forging partnerships among drug court programs,

13  public agencies, and community-based organizations generates

14  local support and enhances drug court program effectiveness.

15         (3)  Treatment-based drug court programs may include

16  pretrial intervention programs as provided in ss. 948.08,

17  948.16, and 985.306.

18         (4)  Contingent upon an annual appropriation by the

19  Legislature, each judicial circuit shall establish, at a

20  minimum, one coordinator position for the treatment-based drug

21  court program within the state courts system to coordinate the

22  responsibilities of the participating agencies and service

23  providers. Each coordinator shall provide direct support to

24  the treatment-based drug court program by providing

25  coordination between the multidisciplinary team and the

26  judiciary, providing case management, monitoring compliance of

27  the participants in the treatment-based drug court program

28  with court requirements, and providing program evaluation and

29  accountability.

30         (5)(4)(a)  The Florida Association of Drug Court

31  Program Professionals is created. The membership of the

                                  20

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  association may consist of drug court program practitioners

 2  who comprise the multidisciplinary drug court program team,

 3  including, but not limited to, judges, state attorneys,

 4  defense counsel, drug court program coordinators, probation

 5  officers, law enforcement officers, members of the academic

 6  community, and treatment professionals. Membership in the

 7  association shall be voluntary.

 8         (b)  The association shall annually elect a chair whose

 9  duty is to solicit recommendations from members on issues

10  relating to the expansion, operation, and institutionalization

11  of drug court programs. The chair is responsible for providing

12  the association's recommendations to the 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         (6)(5)  If a county chooses to fund a treatment-based

17  drug court program, the county must secure funding from

18  sources other than the state for those costs not otherwise

19  assumed by the state pursuant to s. 29.004. Counties may

20  provide, by interlocal agreement, for the collective funding

21  of these programs.

22         (7)  The chief judge of each judicial circuit may

23  appoint an advisory committee for the treatment-based drug

24  court program. The committee shall be composed of the chief

25  judge, or his or her designee, who shall serve as chair; the

26  judge of the treatment-based drug court program, if not

27  otherwise designated by the chief judge as his or her

28  designee; the state attorney, or his or her designee; the

29  public defender, or his or her designee; the treatment-based

30  drug court program coordinators; community representatives;

31  and any other persons the chair finds are appropriate.

                                  21

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1         Section 8.  Paragraphs (b) and (e) of subsection (5) of

 2  section 910.035, Florida Statutes, are amended to read:

 3         910.035  Transfer from county for plea and sentence.--

 4         (5)  Any person eligible for participation in a drug

 5  court treatment program pursuant to s. 948.08(6) may be

 6  eligible to have the case transferred to a county other than

 7  that in which the charge arose if the drug court program

 8  agrees and if the following conditions are met:

 9         (b)  If approval for transfer is received from all

10  parties, the trial court shall accept a plea of nolo

11  contendere and enter a transfer order directing the clerk to

12  transfer the case to the county which has accepted the

13  defendant into its drug court program.

14         (e)  Upon successful completion of the drug court

15  program, the jurisdiction to which the case has been

16  transferred shall dispose of the case pursuant to s.

17  948.08(6). If the defendant does not complete the drug court

18  program successfully, the jurisdiction to which the case has

19  been transferred shall dispose of the case within the

20  guidelines of the Criminal Punishment Code case shall be

21  prosecuted as determined by the state attorneys of the sending

22  and receiving counties.

23         Section 9.  Subsections (6), (7), and (8) of section

24  948.08, Florida Statutes, are amended to read:

25         948.08  Pretrial intervention program.--

26         (6)(a)  Notwithstanding any provision of this section,

27  a person who is charged with a felony of the second or third

28  degree for purchase or possession of a controlled substance

29  under chapter 893, prostitution, tampering with evidence,

30  solicitation for purchase of a controlled substance, or

31  obtaining a prescription by fraud; who has not been charged

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  with a crime involving violence, including, but not limited

 2  to, murder, sexual battery, robbery, carjacking, home-invasion

 3  robbery, or any other crime involving violence; and who has

 4  not previously been convicted of a felony nor been admitted to

 5  a felony pretrial program referred to in this section is

 6  eligible for admission into a pretrial substance abuse

 7  education and treatment intervention program approved by the

 8  chief judge of the circuit, for a period of not less than 1

 9  year in duration, upon motion of either party or the court's

10  own motion, except:

11         1.  If a defendant was previously offered admission to

12  a pretrial substance abuse education and treatment

13  intervention program at any time prior to trial and the

14  defendant rejected that offer on the record, then the court or

15  the state attorney may deny the defendant's admission to such

16  a program.

17         2.  if the state attorney believes that the facts and

18  circumstances of the case suggest the defendant's involvement

19  in the dealing and selling of controlled substances, the court

20  shall hold a preadmission hearing. If the state attorney

21  establishes, by a preponderance of the evidence at such

22  hearing, that the defendant was involved in the dealing or

23  selling of controlled substances, the court shall deny the

24  defendant's admission into a pretrial intervention program.

25         (b)  Notwithstanding any provision of this section, a

26  person who is charged with a nonviolent third-degree felony

27  and is assessed with a substance abuse problem who has not

28  been charged with a crime involving violence, including, but

29  not limited to, murder, sexual battery, robbery, carjacking,

30  home-invasion robbery, or any other crime involving violence,

31  and who has not previously been convicted of a felony is

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  eligible for admission into a pretrial substance abuse

 2  education and treatment intervention program as set forth in

 3  paragraph (a).

 4         (c)  Notwithstanding any provision of this section, a

 5  defendant who is charged with a second or subsequent

 6  nonviolent third-degree felony who has not been charged with a

 7  crime involving violence, including, but not limited to,

 8  murder, sexual battery, robbery, carjacking, home-invasion

 9  robbery, or any other crime involving violence, upon approval

10  of the state attorney, is eligible for admission into the

11  pretrial substance abuse education and treatment intervention

12  program as set forth in paragraph (a).

13         (d)(b)  At the end of the pretrial intervention period,

14  the court shall consider the recommendation of the

15  administrator pursuant to subsection (5) and the

16  recommendation of the state attorney as to disposition of the

17  pending charges. The court shall determine, by written

18  finding, whether the defendant has successfully completed the

19  pretrial intervention program.

20         (e)(c)1.  If the court finds that the defendant has not

21  successfully completed the pretrial intervention program, the

22  court may order the person to continue in education and

23  treatment or order that the charges revert to normal channels

24  for prosecution.

25         2.  The court shall dismiss the charges upon a finding

26  that the defendant has successfully completed the pretrial

27  intervention program.

28         (f)(d)  Any entity, whether public or private,

29  providing a pretrial substance abuse education and treatment

30  intervention program under this subsection must contract with

31  the county or appropriate governmental entity, and the terms

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  of the contract must include, but need not be limited to, the

 2  requirements established for private entities under s.

 3  948.15(3).

 4         (7)  The chief judge in each circuit may appoint an

 5  advisory committee for the pretrial intervention program

 6  composed of the chief judge or his or her designee, who shall

 7  serve as chair; the state attorney, the public defender, and

 8  the program administrator, or their designees; and such other

 9  persons as the chair deems appropriate. The advisory committee

10  may not designate any defendant eligible for a pretrial

11  intervention program for any offense that is not listed under

12  paragraph (6)(a) without the state attorney's recommendation

13  and approval. The committee may also include persons

14  representing any other agencies to which persons released to

15  the pretrial intervention program may be referred.

16         (7)(8)  The department may contract for the services

17  and facilities necessary to operate pretrial intervention

18  programs.

19         Section 10.  Section 985.306, Florida Statutes, is

20  amended to read:

21         985.306  Delinquency pretrial intervention program.--

22         (1)(a)  Notwithstanding any provision of law to the

23  contrary, a child who is charged under chapter 893 with a

24  misdemeanor; a felony of the second or third degree for

25  purchase or possession of a controlled substance under chapter

26  893; tampering with evidence; solicitation for purchase of a

27  controlled substance; or obtaining a prescription by fraud,

28  and who has not previously been adjudicated for a felony nor

29  been admitted to a delinquency pretrial intervention program

30  under this section, is eligible for admission into a

31  delinquency pretrial substance abuse education and treatment

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  intervention program approved by the chief judge or

 2  alternative sanctions coordinator of the circuit to the extent

 3  that funded programs are available, for a period based on the

 4  program requirements and the treatment services that are

 5  suitable for the offender of not less than 1 year in duration,

 6  upon motion of either party or the court's own motion, except:

 7  .

 8         (a)  If the state attorney believes that the facts and

 9  circumstances of the case suggest the child's involvement in

10  the dealing and selling of controlled substances, the court

11  shall hold a preadmission hearing. If the state attorney

12  establishes by a preponderance of the evidence at such hearing

13  that the child was involved in the dealing and selling of

14  controlled substances, the court shall deny the child's

15  admission into a delinquency pretrial intervention program.

16         (b)  A child assessed with a substance abuse problem

17  who is charged for the first time with a nonviolent

18  third-degree felony and a child assessed with a substance

19  abuse problem who has previously been adjudicated guilty of or

20  delinquent for a nonviolent third-degree felony who is charged

21  with a second or subsequent nonviolent third-degree felony

22  may, with the approval of the state attorney, be referred to

23  the program outlined in this subsection. Upon successful

24  completion of the program, the child is entitled to dismissal

25  of the pending charge as provided in paragraph (3)(b).

26         (2)(b)  At the end of the delinquency pretrial

27  intervention period, the court shall consider the

28  recommendation of the state attorney and the program

29  administrator as to disposition of the pending charges. The

30  court shall determine, by written finding, whether the child

31  

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 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 also

30  include persons representing any other agencies to which

31  

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    Florida Senate - 2004                                   SB 316
    7-24A-04                                                See HB




 1  children released to the delinquency pretrial intervention

 2  program may be referred.

 3         Section 11.  This act shall take effect July 1, 2004.

 4  

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