Senate Bill sb0184

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    Florida Senate - 2005                                   SB 184

    By Senator Lynn





    7-156-05

  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         intent 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; amending ss. 39.507

14         and 39.521, F.S.; authorizing the court to

15         order specified persons to submit to a

16         substance abuse assessment as part of an

17         adjudicatory order or pursuant to a disposition

18         hearing; requiring a showing of good cause;

19         authorizing the court to require participation

20         in a treatment-based drug court program;

21         authorizing the court to impose sanctions for

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

23         authorizing the court to extend the time for

24         completing a case plan during judicial review,

25         based upon participation in a treatment-based

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

27         revising legislative intent with respect to

28         treatment-based drug court programs to reflect

29         participation by community support agencies,

30         the Department of Education, and other

31         individuals; including postadjudicatory

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 1         programs as part of treatment-based drug court

 2         programs; requiring each participant enrolled

 3         in a pretrial intervention program to be

 4         subject to a coordinated strategy developed by

 5         a drug court team; directing that each

 6         coordinated strategy include a protocol of

 7         sanctions that may be imposed on the

 8         participant; requiring the protocol of

 9         sanctions to include certain specified

10         sanctions; directing that the coordinated

11         strategy be provided to the participant at the

12         time the participant enters the pretrial drug

13         court program; requiring each judicial circuit

14         to establish a position for a coordinator of

15         the treatment-based drug court program;

16         revising provisions with respect to an annual

17         report; authorizing the chief judge of each

18         judicial circuit to appoint an advisory

19         committee for the treatment-based drug court

20         program; providing for membership of the

21         committee; amending s. 910.035, F.S.; revising

22         provisions with respect to conditions for the

23         transfer of a case in the drug court treatment

24         program to a county other than that in which

25         the charge arose; amending s. 948.08, F.S.;

26         revising eligibility requirements for

27         participation in pretrial intervention

28         programs; authorizing the court to refer

29         certain defendants who are assessed with a

30         substance abuse problem to a pretrial

31         intervention program with the approval of the

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 1         state attorney; requiring each participant

 2         enrolled in a pretrial intervention program to

 3         be subject to a coordinated strategy developed

 4         by a drug court team; directing that each

 5         coordinated strategy include a protocol of

 6         sanctions that may be imposed on the

 7         participant; requiring the protocol of

 8         sanctions to include certain specified

 9         sanctions; directing that the coordinated

10         strategy be provided to the participant at the

11         time the participant enters the pretrial drug

12         court program; deleting provisions authorizing

13         advisory committees for the district pretrial

14         intervention programs; amending s. 948.16,

15         F.S.; requiring each participant enrolled in a

16         pretrial intervention program to be subject to

17         a coordinated strategy developed by a drug

18         court team; directing that each coordinated

19         strategy include a protocol of sanctions that

20         may be imposed on the participant; requiring

21         the protocol of sanctions to include certain

22         specified sanctions; directing that the

23         coordinated strategy be provided to the

24         participant at the time the participant enters

25         the pretrial drug court program; amending s.

26         985.306, F.S.; revising eligibility

27         requirements for participation in delinquency

28         pretrial intervention programs; authorizing the

29         court to refer certain juveniles who are

30         assessed as having a substance abuse problem to

31         a substance abuse education and treatment

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 1         intervention program; requiring each child

 2         enrolled in a pretrial intervention program to

 3         be subject to a coordinated strategy developed

 4         by a drug court team; directing that each

 5         coordinated strategy include a protocol of

 6         sanctions that may be imposed on the child;

 7         requiring the protocol of sanctions to include

 8         certain specified sanctions; directing that the

 9         coordinated strategy be provided to the child

10         at the time the child enters the pretrial drug

11         court program; deleting provisions authorizing

12         advisory committees for the district

13         delinquency pretrial intervention program;

14         providing an effective date.

15  

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

17  

18         Section 1.  Subsection (4) of section 39.001, Florida

19  Statutes, is amended to read:

20         39.001  Purposes and intent; personnel standards and

21  screening.--

22         (4)  SUBSTANCE ABUSE SERVICES.--

23         (a)  The Legislature recognizes that substance abuse is

24  a primary cause of the dramatic rise in cases of child abuse

25  and neglect, immeasurably increases the complexity of cases in

26  the dependency system, severely compromises or destroys the

27  ability of parents to provide a safe and nurturing home for

28  children, and severely confounds the dependency system's

29  ability to protect children. The Legislature also recognizes

30  that early referral and comprehensive treatment can help

31  combat substance abuse in families and that treatment is cost

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 1  effective. The Legislature further recognizes that

 2  treatment-based drug court program models that integrate

 3  judicial supervision, treatment, accountability, sanctions,

 4  and community support greatly increase the effectiveness of

 5  substance abuse treatment and reduce the number of cases of

 6  child abuse and neglect.

 7         (b)  The substance abuse treatment and family safety

 8  programs of the Department of Children and Family Services

 9  have identified the following goals for the state:

10         1.  To ensure the safety of children.

11         2.  To prevent and remediate the consequences of

12  substance abuse on families involved in protective supervision

13  or foster care and reduce substance abuse, including alcohol

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

15  protective supervision or foster care.

16         3.  To expedite permanency for children and reunify

17  healthy, intact families, when appropriate.

18         4.  To support families in recovery.

19         (c)  The Legislature finds that children in the care of

20  the state's dependency system need appropriate health care

21  services, that the impact of substance abuse on health

22  indicates the need for health care services to include

23  substance abuse services to children and parents where

24  appropriate, and that it is in the state's best interest that

25  the such children be provided the services they need to enable

26  them to become and remain independent of state care. In order

27  to provide these services, the state's dependency system must

28  have the ability to identify and provide appropriate

29  intervention and treatment for children with personal or

30  family-related substance abuse problems.

31  

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 1         (d)  It is the intent of the Legislature to encourage

 2  the court to support the drug court program model. The court,

 3  whenever it deems it appropriate, may assess the parents and

 4  children at any stage of the dependency process in order to

 5  identify and address substance abuse problems. Participation

 6  in treatment, including a treatment-based drug court program,

 7  may be required by the court following adjudication. This

 8  subsection does not prevent a child's parents and, when

 9  appropriate, the legal custodian from voluntarily entering

10  treatment, including a treatment-based drug court program, at

11  the earliest stage of the process. This subsection does not

12  preclude a court from ordering drug testing whenever substance

13  abuse is suspected in order to determine the safety of the

14  placement of a child with a caretaker.

15         (e)  It is therefore the purpose of the Legislature to

16  provide authority for the state to contract with community

17  substance abuse treatment providers for the development and

18  operation of specialized support and overlay services for the

19  dependency system, which will be fully implemented and used

20  utilized as resources permit.

21         (f)  It is the intent of the Legislature to encourage

22  the Department of Children and Family Services, in conjunction

23  with community agencies; treatment-based facilities;

24  facilities dedicated to child welfare, child development, and

25  mental health services; the Department of Health; other

26  similar agencies; local governments; law enforcement agencies;

27  and other interested public or private sources to support the

28  drug court program model. Participation in the treatment-based

29  drug court program does not divest any public or private

30  agency of its responsibility for a child or adult, but enables

31  

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 1  these agencies to better meet their needs through shared

 2  responsibility and resources.

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

 4  39.402, Florida Statutes, are renumbered as subsections (12)

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

 6  to that section to read:

 7         39.402  Placement in a shelter.--

 8         (11)  At the shelter hearing, the court may order the

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

10  other person requesting custody of the child to submit to a

11  substance abuse assessment or evaluation. The assessment or

12  evaluation must be administered by a qualified professional,

13  as defined in s. 397.311. The order may be made only upon good

14  cause shown and pursuant to the notice and procedures set

15  forth in the Florida Rules of Juvenile Procedure.

16         Section 3.  Section 39.407, Florida Statutes, is

17  amended to read:

18         39.407  Medical, psychiatric, and psychological

19  examination and treatment of child; physical, or mental, or

20  substance abuse examination of parent or person requesting

21  custody of child.--

22         (1)  When any child is removed from the home and

23  maintained in an out-of-home placement, the department may is

24  authorized to have a medical screening performed on the child

25  without authorization from the court and without consent from

26  a parent or legal custodian. The Such medical screening must

27  shall be performed by a licensed health care professional who

28  and shall be to examine the child for injury, illness, and

29  communicable diseases and to determine the need for

30  immunization. The department shall by rule establish the

31  invasiveness of the medical procedures authorized to be

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 1  performed under this subsection. In no case does This

 2  subsection does not authorize the department to consent to

 3  medical treatment for these such children.

 4         (2)  When the department has performed the medical

 5  screening authorized by subsection (1), or when it is

 6  otherwise determined by a licensed health care professional

 7  that a child who is in an out-of-home placement, but who has

 8  not been committed to the department, is in need of medical

 9  treatment, including the need for immunization, consent for

10  medical treatment shall be obtained in the following manner:

11         (a)1.  Consent to medical treatment shall be obtained

12  from a parent or legal custodian of the child; or

13         2.  A court order for such treatment shall be obtained.

14         (b)  If a parent or legal custodian of the child is

15  unavailable and his or her whereabouts cannot be reasonably

16  ascertained, and it is after normal working hours so that a

17  court order cannot reasonably be obtained, an authorized agent

18  of the department may shall have the authority to consent to

19  necessary medical treatment, including immunization, for the

20  child. The authority of the department to consent to medical

21  treatment in this circumstance is shall be limited to the time

22  reasonably necessary to obtain court authorization.

23         (c)  If a parent or legal custodian of the child is

24  available but refuses to consent to the necessary treatment,

25  including immunization, a court order shall be required unless

26  the situation meets the definition of an emergency in s.

27  743.064 or the treatment needed is related to suspected abuse,

28  abandonment, or neglect of the child by a parent, caregiver,

29  or legal custodian. In this such case, the department may

30  shall have the authority to consent to necessary medical

31  

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 1  treatment. This authority is limited to the time reasonably

 2  necessary to obtain court authorization.

 3  

 4  In no case shall The department may not consent to

 5  sterilization, abortion, or termination of life support.

 6         (3)(a)  A judge may order a child in an out-of-home

 7  placement to be examined by a licensed health care

 8  professional.

 9         (b)  The judge may also order the such child to be

10  evaluated by a psychiatrist or a psychologist or, if a

11  developmental disability is suspected or alleged, by the

12  developmental disability diagnostic and evaluation team of the

13  department. If it is necessary to place a child in a

14  residential facility for such evaluation, the criteria and

15  procedure established in s. 394.463(2) or chapter 393 shall be

16  used, whichever is applicable.

17         (c)  The judge may also order the such child to be

18  evaluated by a district school board educational needs

19  assessment team. The educational needs assessment provided by

20  the district school board educational needs assessment team

21  must shall include, but need not be limited to, reports of

22  intelligence and achievement tests, screening for learning

23  disabilities and other handicaps, and screening for the need

24  for alternative education as defined in s. 1001.42.

25         (4)  A judge may order a child in an out-of-home

26  placement to be treated by a licensed health care professional

27  based on evidence that the child should receive treatment. The

28  judge may also order the such child to receive mental health

29  or developmental disabilities services from a psychiatrist,

30  psychologist, or other appropriate service provider. Except as

31  provided in subsection (5), if it is necessary to place the

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 1  child in a residential facility for such services, the

 2  procedures and criteria established in s. 394.467 or chapter

 3  393 shall be used, whichever is applicable. A child may be

 4  provided developmental disabilities or mental health services

 5  in emergency situations, under pursuant to the procedures and

 6  criteria contained in s. 394.463(1) or chapter 393, whichever

 7  is applicable.

 8         (5)  Children who are in the legal custody of the

 9  department may be placed by the department, without prior

10  approval of the court, in a residential treatment center

11  licensed under s. 394.875 or a hospital licensed under chapter

12  395 for residential mental health treatment only under

13  pursuant to this section or may be placed by the court in

14  accordance with an order of involuntary examination or

15  involuntary placement entered under pursuant to s. 394.463 or

16  s. 394.467. All children placed in a residential treatment

17  program under this subsection must have a guardian ad litem

18  appointed.

19         (a)  As used in this subsection, the term:

20         1.  "Residential treatment" means placement for

21  observation, diagnosis, or treatment of an emotional

22  disturbance in a residential treatment center licensed under

23  s. 394.875 or a hospital licensed under chapter 395.

24         2.  "Least restrictive alternative" means the treatment

25  and conditions of treatment that, separately and in

26  combination, are no more intrusive or restrictive of freedom

27  than reasonably necessary to achieve a substantial therapeutic

28  benefit or to protect the child or adolescent or others from

29  physical injury.

30         3.  "Suitable for residential treatment" or

31  "suitability" means a determination concerning a child or

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 1  adolescent with an emotional disturbance as defined in s.

 2  394.492(5) or a serious emotional disturbance as defined in s.

 3  394.492(6) that each of the following criteria is met:

 4         a.  The child requires residential treatment.

 5         b.  The child is in need of a residential treatment

 6  program and is expected to benefit from mental health

 7  treatment.

 8         c.  An appropriate, less restrictive alternative to

 9  residential treatment is unavailable.

10         (b)  Whenever the department believes that a child in

11  its legal custody is emotionally disturbed and may need

12  residential treatment, an examination and suitability

13  assessment must be conducted by a qualified evaluator who is

14  appointed by the Agency for Health Care Administration. This

15  suitability assessment must be completed before the placement

16  of the child in a residential treatment center for emotionally

17  disturbed children and adolescents or a hospital. The

18  qualified evaluator must be a psychiatrist or a psychologist

19  licensed in Florida who has at least 3 years of experience in

20  the diagnosis and treatment of serious emotional disturbances

21  in children and adolescents and who has no actual or perceived

22  conflict of interest with any inpatient facility or

23  residential treatment center or program.

24         (c)  Before a child is admitted under this subsection,

25  the child shall be assessed for suitability for residential

26  treatment by a qualified evaluator who has conducted a

27  personal examination and assessment of the child and has made

28  written findings that:

29         1.  The child appears to have an emotional disturbance

30  serious enough to require residential treatment and is

31  reasonably likely to benefit from the treatment.

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 1         2.  The child has been provided with a clinically

 2  appropriate explanation of the nature and purpose of the

 3  treatment.

 4         3.  All available modalities of treatment less

 5  restrictive than residential treatment have been considered,

 6  and a less restrictive alternative that would offer comparable

 7  benefits to the child is unavailable.

 8  

 9  A copy of the written findings of the evaluation and

10  suitability assessment must be provided to the department and

11  to the guardian ad litem, who shall have the opportunity to

12  discuss the findings with the evaluator.

13         (d)  Immediately upon placing a child in a residential

14  treatment program under this section, the department must

15  notify the guardian ad litem and the court having jurisdiction

16  over the child and must provide the guardian ad litem and the

17  court with a copy of the assessment by the qualified

18  evaluator.

19         (e)  Within 10 days after the admission of a child to a

20  residential treatment program, the director of the residential

21  treatment program or the director's designee must ensure that

22  an individualized plan of treatment has been prepared by the

23  program and has been explained to the child, to the

24  department, and to the guardian ad litem, and submitted to the

25  department. The child must be involved in the preparation of

26  the plan to the maximum feasible extent consistent with his or

27  her ability to understand and participate, and the guardian ad

28  litem and the child's foster parents must be involved to the

29  maximum extent consistent with the child's treatment needs.

30  The plan must include a preliminary plan for residential

31  treatment and aftercare upon completion of residential

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 1  treatment. The plan must include specific behavioral and

 2  emotional goals against which the success of the residential

 3  treatment may be measured. A copy of the plan must be provided

 4  to the child, to the guardian ad litem, and to the department.

 5         (f)  Within 30 days after admission, the residential

 6  treatment program must review the appropriateness and

 7  suitability of the child's placement in the program. The

 8  residential treatment program must determine whether the child

 9  is receiving benefit toward the treatment goals and whether

10  the child could be treated in a less restrictive treatment

11  program. The residential treatment program shall prepare a

12  written report of its findings and submit the report to the

13  guardian ad litem and to the department. The department must

14  submit the report to the court. The report must include a

15  discharge plan for the child. The residential treatment

16  program must continue to evaluate the child's treatment

17  progress every 30 days thereafter and must include its

18  findings in a written report submitted to the department. The

19  department may not reimburse a facility until the facility has

20  submitted every written report that is due.

21         (g)1.  The department must submit, at the beginning of

22  each month, to the court having jurisdiction over the child, a

23  written report regarding the child's progress toward achieving

24  the goals specified in the individualized plan of treatment.

25         2.  The court must conduct a hearing to review the

26  status of the child's residential treatment plan no later than

27  3 months after the child's admission to the residential

28  treatment program. An independent review of the child's

29  progress toward achieving the goals and objectives of the

30  treatment plan must be completed by a qualified evaluator and

31  submitted to the court before its 3-month review.

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 1         3.  For any child in residential treatment at the time

 2  a judicial review is held under pursuant to s. 39.701, the

 3  child's continued placement in residential treatment must be a

 4  subject of the judicial review.

 5         4.  If at any time the court determines that the child

 6  is not suitable for continued residential treatment, the court

 7  shall order the department to place the child in the least

 8  restrictive setting that is best suited to meet his or her

 9  needs.

10         (h)  After the initial 3-month review, the court must

11  conduct a review of the child's residential treatment plan

12  every 90 days.

13         (i)  The department must adopt rules for implementing

14  timeframes for the completion of suitability assessments by

15  qualified evaluators and a procedure that includes timeframes

16  for completing the 3-month independent review by the qualified

17  evaluators of the child's progress toward achieving the goals

18  and objectives of the treatment plan which review must be

19  submitted to the court. The Agency for Health Care

20  Administration must adopt rules for the registration of

21  qualified evaluators, the procedure for selecting the

22  evaluators to conduct the reviews required under this section,

23  and a reasonable, cost-efficient fee schedule for qualified

24  evaluators.

25         (6)  When a child is in an out-of-home placement, a

26  licensed health care professional shall be immediately called

27  if there are indications of physical injury or illness, or the

28  child shall be taken to the nearest available hospital for

29  emergency care.

30         (7)  Except as otherwise provided herein, nothing in

31  this section does not shall be deemed to eliminate the right

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 1  of a parent, legal custodian, or the child to consent to

 2  examination or treatment for the child.

 3         (8)  Except as otherwise provided herein, nothing in

 4  this section does not shall be deemed to alter the provisions

 5  of s. 743.064.

 6         (9)  A court is shall not be precluded from ordering

 7  services or treatment to be provided to the child by a duly

 8  accredited practitioner who relies solely on spiritual means

 9  for healing in accordance with the tenets and practices of a

10  church or religious organization, when required by the child's

11  health and when requested by the child.

12         (10)  Nothing in This section does not shall be

13  construed to authorize the permanent sterilization of the

14  child unless the such sterilization is the result of or

15  incidental to medically necessary treatment to protect or

16  preserve the life of the child.

17         (11)  For the purpose of obtaining an evaluation or

18  examination, or receiving treatment as authorized under

19  pursuant to this section, a no child alleged to be or found to

20  be dependent may not shall be placed in a detention home or

21  other program used primarily for the care and custody of

22  children alleged or found to have committed delinquent acts.

23         (12)  The parents or legal custodian of a child in an

24  out-of-home placement remain financially responsible for the

25  cost of medical treatment provided to the child even if either

26  one or both of the parents or if the legal custodian did not

27  consent to the medical treatment. After a hearing, the court

28  may order the parents or legal custodian, if found able to do

29  so, to reimburse the department or other provider of medical

30  services for treatment provided.

31  

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 1         (13)  Nothing in This section does not alter alters the

 2  authority of the department to consent to medical treatment

 3  for a dependent child when the child has been committed to the

 4  department and the department has become the legal custodian

 5  of the child.

 6         (14)  At any time after the filing of a shelter

 7  petition or petition for dependency, when the mental or

 8  physical condition, including the blood group, of a parent,

 9  caregiver, legal custodian, or other person requesting custody

10  of a child is in controversy, the court may order the person

11  to submit to a physical or mental examination by a qualified

12  professional. The order may be made only upon good cause shown

13  and pursuant to notice and procedures as set forth by the

14  Florida Rules of Juvenile Procedure.

15         (15)  At any time after a shelter petition or petition

16  for dependency is filed, the court may order a child or the

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

18  requesting custody of the child, if it has not already done

19  so, to submit to a substance abuse assessment and evaluation.

20  The assessment or evaluation must be administered by a

21  qualified professional, as defined in s. 397.311. The order

22  may be made only upon good cause shown and pursuant to the

23  notice and procedures set forth in the Florida Rules of

24  Juvenile Procedure.

25         Section 4.  Subsection (9) is added to section 39.507,

26  Florida Statutes, to read:

27         39.507  Adjudicatory hearings; orders of

28  adjudication.--

29         (9)  The court may order a child or the child's parent,

30  caregiver, legal custodian, or other person requesting custody

31  of the child, if it has not already done so, to submit to a

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 1  substance abuse assessment or evaluation. The assessment or

 2  evaluation must be administered by a qualified professional,

 3  as defined in s. 397.311. The court may also require the

 4  person to participate in and comply with treatment and

 5  services identified as necessary, including, when appropriate

 6  and available, participation and compliance with a

 7  treatment-based drug court program. The court, including the

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

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

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

11  custody of the child, and shall impose appropriate available

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

13  custodian, caregiver, or other person requesting custody of

14  the child. Any order entered under this subsection may be made

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

16  procedures set forth in the Florida Rules of Juvenile

17  Procedure.

18         Section 5.  Paragraph (b) of subsection (1) of section

19  39.521, Florida Statutes, is amended to read:

20         39.521  Disposition hearings; powers of disposition.--

21         (1)  A disposition hearing shall be conducted by the

22  court, if the court finds that the facts alleged in the

23  petition for dependency were proven in the adjudicatory

24  hearing, or if the parents or legal custodians have consented

25  to the finding of dependency or admitted the allegations in

26  the petition, have failed to appear for the arraignment

27  hearing after proper notice, or have not been located despite

28  a diligent search having been conducted.

29         (b)  When any child is adjudicated by a court to be

30  dependent, the court having jurisdiction of the child has the

31  power by order to:

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 1         1.  Require the parent and, when appropriate, the legal

 2  custodian and the child, to participate in treatment and

 3  services identified as necessary. The court may require a

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

 5  other person requesting custody of the child, to submit to a

 6  substance abuse assessment or evaluation. The assessment or

 7  evaluation must be administered by a qualified professional,

 8  as defined in s. 397.311. The court may also require the

 9  person to participate in and comply with treatment and

10  services identified as necessary, including participation and

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

12  appropriate and if available. The court, including the

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

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

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

16  custody of the child, and shall impose appropriate available

17  sanctions for noncompliance upon the child or the child's

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

19  custody of the child. Any order entered under this paragraph

20  may be made only upon good cause shown and pursuant to the

21  notice and procedures set forth in the Florida Rules of

22  Juvenile Procedure.

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

24  to participate in dependency mediation.

25         3.  Require placement of the child either under the

26  protective supervision of an authorized agent of the

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

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

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

30  Protective supervision continues until the court terminates it

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

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 1  first. Protective supervision shall be terminated by the court

 2  whenever the court determines that permanency has been

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

 4  relative, or a legal custodian, and that protective

 5  supervision is no longer needed. The termination of

 6  supervision may be with or without retaining jurisdiction, at

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

 8  a permanency option for the child. The order terminating

 9  supervision by the department shall set forth the powers of

10  the custodian of the child and shall include the powers

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

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

13  supervision by the department, no further judicial reviews are

14  required, so long as permanency has been established for the

15  child.

16         Section 6.  Paragraph (d) of subsection (9) of section

17  39.701, Florida Statutes, is amended to read:

18         39.701  Judicial review.--

19         (9)

20         (d)  The court may extend the time limitation of the

21  case plan, or may modify the terms of the plan, which, in

22  addition to other modifications, may include a requirement

23  that the parent, foster parent, or legal custodian participate

24  in a treatment-based drug court program, based upon

25  information provided by the social service agency, and the

26  guardian ad litem, if one has been appointed, the parent or

27  parents, and the foster parents or legal custodian, and any

28  other competent information on record demonstrating the need

29  for the amendment. If the court extends the time limitation of

30  the case plan, the court must make specific findings

31  concerning the frequency of past parent-child visitation, if

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 1  any, and the court may authorize the expansion or restriction

 2  of future visitation. Modifications to the plan must be

 3  handled as prescribed in s. 39.601. Any extension of a case

 4  plan must comply with the time requirements and other

 5  requirements specified by this chapter.

 6         Section 7.  Section 397.334, Florida Statutes, is

 7  amended to read:

 8         397.334  Treatment-based drug court programs.--

 9         (1)  Each county may fund a treatment-based drug court

10  program under which persons in the justice system assessed

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

12  manner as to appropriately address the severity of the

13  identified substance abuse problem through treatment services

14  plans tailored to the individual needs of the participant. It

15  is the intent of the Legislature to encourage the Department

16  of Corrections, the Department of Children and Family

17  Services, the Department of Juvenile Justice, the Department

18  of Health, the Department of Law Enforcement, the Department

19  of Education, and such other state agencies, local

20  governments, law enforcement agencies, and other interested

21  public or private sources, and individuals to support the

22  creation and establishment of these problem-solving court

23  programs. Participation in the treatment-based drug court

24  programs does not divest any public or private agency of its

25  responsibility for a child or adult, but enables allows these

26  agencies to better meet their needs through shared

27  responsibility and resources.

28         (2)  The treatment-based drug court programs must shall

29  include therapeutic jurisprudence principles and adhere to the

30  following 10 key components, recognized by the Drug Courts

31  Program Office of the Office of Justice Programs of the United

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 1  States Department of Justice and adopted by the Florida

 2  Supreme Court Treatment-Based Drug Court Steering Committee:

 3         (a)  Drug court programs integrate alcohol and other

 4  drug treatment services with justice system case processing.

 5         (b)  Using a nonadversarial approach, prosecution and

 6  defense counsel promote public safety while protecting

 7  participants' due process rights.

 8         (c)  Eligible participants are identified early and

 9  promptly placed in the drug court program.

10         (d)  Drug court programs provide access to a continuum

11  of alcohol, drug, and other related treatment and

12  rehabilitation services.

13         (e)  Abstinence is monitored by frequent testing for

14  alcohol and other drugs.

15         (f)  A coordinated strategy governs drug court program

16  responses to participants' compliance.

17         (g)  Ongoing judicial interaction with each drug court

18  program participant is essential.

19         (h)  Monitoring and evaluation measure the achievement

20  of program goals and gauge program effectiveness.

21         (i)  Continuing interdisciplinary education promotes

22  effective drug court program planning, implementation, and

23  operations.

24         (j)  Forging partnerships among drug court programs,

25  public agencies, and community-based organizations generates

26  local support and enhances drug court program effectiveness.

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

28  pretrial intervention programs as provided in ss. 948.08,

29  948.16, and 985.306, and postadjudicatory programs. While

30  enrolled in any pretrial intervention program, the participant

31  is subject to a coordinated strategy developed by the drug

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 1  court team under paragraph (2)(f). Each coordinated strategy

 2  must include a protocol of sanctions that may be imposed upon

 3  the participant. The protocol of sanctions must include as

 4  available options placement in a secure licensed clinical or

 5  jail-based treatment program or serving a period of

 6  incarceration for noncompliance with program rules within the

 7  limits established for contempt of court. The coordinated

 8  strategy must be provided in writing to the participant at the

 9  time the participant enters into a pretrial drug court

10  program.

11         (4)  Contingent upon an annual appropriation by the

12  Legislature, each judicial circuit shall establish, at a

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

14  court program within the state courts system to coordinate the

15  responsibilities of the participating agencies and service

16  providers. Each coordinator shall provide direct support to

17  the treatment-based drug court program by providing

18  coordination between the multidisciplinary team and the

19  judiciary, providing case management, monitoring compliance of

20  the participants in the treatment-based drug court program

21  with court requirements, and providing program evaluation and

22  accountability.

23         (5)(4)(a)  The Florida Association of Drug Court

24  Program Professionals is created. The membership of the

25  association may consist of treatment-based drug court program

26  practitioners who comprise the multidisciplinary

27  treatment-based drug court program team, including, but not

28  limited to, judges, state attorneys, defense counsel, drug

29  court program coordinators, probation officers, law

30  enforcement officers, community representatives, members of

31  

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 1  the academic community, and treatment professionals.

 2  Membership in the association is shall be voluntary.

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

 4  duty is to solicit recommendations from members on issues

 5  relating to the expansion, operation, and institutionalization

 6  of drug court programs. On or before October 1 of each year,

 7  the chair shall provide is responsible for providing the

 8  association's recommendations and an annual report to the

 9  appropriate Supreme Court Treatment-Based Drug Court Steering

10  committee or to the appropriate personnel of the office of the

11  State Courts Administrator, and shall submit a report each

12  year, on or before October 1, to the steering committee.

13         (6)(5)  If a county chooses to fund a treatment-based

14  drug court program, the county must secure funding from

15  sources other than the state for those costs not otherwise

16  assumed by the state under pursuant to s. 29.004. However,

17  this does not preclude counties from using treatment and other

18  service dollars provided through state executive branch

19  agencies. Counties may provide, by interlocal agreement, for

20  the collective funding of these programs.

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

22  appoint an advisory committee for the treatment-based drug

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

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

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

26  otherwise designated by the chief judge as his or her

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

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

29  drug court program coordinators; community representatives;

30  treatment representatives; and any other persons the chair

31  finds are appropriate.

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 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 under 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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 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 other provision of this

26  section, a person who is charged with a nonviolent

27  third-degree felony and is assessed with a substance abuse

28  problem, but who has not been charged with a crime involving

29  violence, including, but not limited to, murder, sexual

30  battery, robbery, carjacking, home-invasion robbery, or any

31  other crime involving violence and has not previously been

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 1  convicted of a felony, is eligible for admission into a

 2  pretrial substance abuse education and treatment intervention

 3  program as set forth in paragraph (a).

 4         (c)  Notwithstanding any other provision of this

 5  section, a defendant who is charged with a second or

 6  subsequent nonviolent third-degree felony, but who has not

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

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

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

10  upon approval of the state attorney, is eligible for admission

11  into the pretrial substance abuse education and treatment

12  intervention program as set forth in paragraph (a).

13         (d)  While enrolled in a pretrial intervention program

14  authorized by this section, the participant is subject to a

15  coordinated strategy developed by a drug court team under s.

16  397.334(2). The coordinated strategy must include a protocol

17  of sanctions that may be imposed upon the participant. The

18  protocol of sanctions must include as available options

19  placement in a secure licensed clinical or jail-based

20  treatment program or serving a period of incarceration for

21  noncompliance with program rules within the limits established

22  for contempt of court. The coordinated strategy must be

23  provided in writing to the participant at the time the

24  participant enters into a pretrial drug court program.

25         (e)(b)  At the end of the pretrial intervention period,

26  the court shall consider the recommendation of the

27  administrator pursuant to subsection (5) and the

28  recommendation of the state attorney as to disposition of the

29  pending charges. The court shall determine, by written

30  finding, whether the defendant has successfully completed the

31  pretrial intervention program.

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

 2  successfully completed the pretrial intervention program, the

 3  court may order the person to continue in education and

 4  treatment, which may include secure licensed clinical or

 5  jail-based treatment programs, or order that the charges

 6  revert to normal channels for prosecution.

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

 8  that the defendant has successfully completed the pretrial

 9  intervention program.

10         (g)(d)  Any entity, whether public or private,

11  providing a pretrial substance abuse education and treatment

12  intervention program under this subsection must contract with

13  the county or appropriate governmental entity, and the terms

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

15  requirements established for private entities under s.

16  948.15(3).

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

18  advisory committee for the pretrial intervention program

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

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

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

22  persons as the chair deems appropriate. The advisory committee

23  may not designate any defendant eligible for a pretrial

24  intervention program for any offense that is not listed under

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

26  and approval. The committee may also include persons

27  representing any other agencies to which persons released to

28  the pretrial intervention program may be referred.

29         (7)(8)  The department may contract for the services

30  and facilities necessary to operate pretrial intervention

31  programs.

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 1         Section 10.  Subsection (1) of section 948.16, Florida

 2  Statutes, is amended to read:

 3         948.16  Misdemeanor pretrial substance abuse education

 4  and treatment intervention program.--

 5         (1)(a)  A person who is charged with a misdemeanor for

 6  possession of a controlled substance or drug paraphernalia

 7  under chapter 893, and who has not previously been convicted

 8  of a felony nor been admitted to a pretrial program, is

 9  eligible for admission into a misdemeanor pretrial substance

10  abuse education and treatment intervention program approved by

11  the chief judge of the circuit, for a period based on the

12  program requirements and the treatment plan for the offender,

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

14  if the state attorney believes the facts and circumstances of

15  the case suggest the defendant is involved in dealing and

16  selling controlled substances, the court shall hold a

17  preadmission hearing. If the state attorney establishes, by a

18  preponderance of the evidence at such hearing, that the

19  defendant was involved in dealing or selling controlled

20  substances, the court shall deny the defendant's admission

21  into the pretrial intervention program.

22         (b)  While enrolled in a pretrial intervention program

23  authorized by this section, the participant is subject to a

24  coordinated strategy developed by a drug court team under s.

25  397.334(2). The coordinated strategy must include a protocol

26  of sanctions that may be imposed upon the participant. The

27  protocol of sanctions must include as available options

28  placement in a secure licensed clinical or jail-based

29  treatment program or serving a period of incarceration for

30  noncompliance with program rules within the limits established

31  for contempt of court. The coordinated strategy must be

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 1  provided in writing to the participant at the time the

 2  participant enters into a pretrial drug court program.

 3         Section 11.  Section 985.306, Florida Statutes, is

 4  amended to read:

 5         985.306  Delinquency pretrial intervention program.--

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

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

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

 9  purchase or possession of a controlled substance under chapter

10  893; tampering with evidence; solicitation for purchase of a

11  controlled substance; or obtaining a prescription by fraud,

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

13  been admitted to a delinquency pretrial intervention program

14  under this section, is eligible for admission into a

15  delinquency pretrial substance abuse education and treatment

16  intervention program approved by the chief judge or

17  alternative sanctions coordinator of the circuit to the extent

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

19  program requirements and the treatment services that are

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

21  upon motion of either party or the court's own motion.

22  However, if the state attorney believes that the facts and

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

24  the dealing and selling of controlled substances, the court

25  shall hold a preadmission hearing. If the state attorney

26  establishes by a preponderance of the evidence at such hearing

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

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

29  admission into a delinquency pretrial intervention program.

30         (b)  A child who is charged for the first time with a

31  nonviolent third-degree felony and is assessed with a

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 1  substance abuse problem, but who has not been charged with a

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

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

 4  robbery, or any other crime involving violence and has not

 5  previously been adjudicated of a felony, is eligible for

 6  admission into a pretrial substance abuse education and

 7  treatment intervention program as set forth in paragraph (a).

 8         (c)  A child who is charged with a second or subsequent

 9  nonviolent third-degree felony and is assessed with a

10  substance abuse problem, but who has not been charged with a

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

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

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

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

15  pretrial substance abuse education and treatment intervention

16  program as set forth in paragraph (a).

17         (d)  While enrolled in a delinquency pretrial

18  intervention program authorized by this section, a child is

19  subject to a coordinated strategy developed by a drug court

20  team under s. 397.334(2). The coordinated strategy must

21  include a protocol of sanctions that may be imposed upon the

22  child. The protocol of sanctions must include as available

23  options placement in a secure licensed clinical facility or

24  placement in a secure detention facility under s. 985.216 for

25  noncompliance with program rules. The coordinated strategy

26  must be provided in writing to the child at the time the child

27  enters the pretrial drug court program.

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

29  intervention period, the court shall consider the

30  recommendation of the state attorney and the program

31  administrator as to disposition of the pending charges. The

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

 2  has successfully completed the delinquency pretrial

 3  intervention program.

 4         (3)(a)(c)1.  If the court finds that the child has not

 5  successfully completed the delinquency pretrial intervention

 6  program, the court may order the child to continue in an

 7  education, treatment, or urine monitoring program if resources

 8  and funding are available or order that the charges revert to

 9  normal channels for prosecution.

10         (b)2.  The court may dismiss the charges upon a finding

11  that the child has successfully completed the delinquency

12  pretrial intervention program.

13         (4)(d)  Any entity, whether public or private,

14  providing pretrial substance abuse education, treatment

15  intervention, and a urine monitoring program under this

16  section must contract with the county or appropriate

17  governmental entity, and the terms of the contract must

18  include, but need not be limited to, the requirements

19  established for private entities under s. 948.15(3). It is the

20  intent of the Legislature that public or private entities

21  providing substance abuse education and treatment intervention

22  programs involve the active participation of parents, schools,

23  churches, businesses, law enforcement agencies, and the

24  department or its contract providers.

25         (2)  The chief judge in each circuit may appoint an

26  advisory committee for the delinquency pretrial intervention

27  program composed of the chief judge or designee, who shall

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

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

30  persons as the chair deems appropriate. The committee may also

31  include persons representing any other agencies to which

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 1  children released to the delinquency pretrial intervention

 2  program may be referred.

 3         Section 12.  This act shall take effect July 1, 2005.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Provides additional legislative findings and purposes
      with respect to the treatment of substance abuse.
 8    Authorizes a court to require certain persons to undergo
      substance abuse treatment following adjudication.
 9    Authorizes a court to order specified persons to submit
      to a substance abuse assessment upon a showing of good
10    cause in connection with a shelter hearing, a petition
      for dependency, an adjudicatory order, or a disposition
11    hearing. Authorizes a court to extend the time for
      completing a case plan during judicial review, based upon
12    participation in a treatment-based drug court program.
      Revises legislative intent with respect to
13    treatment-based drug court programs to reflect
      participation by community support agencies, the
14    Department of Education, and other individuals. Requires
      each judicial circuit to establish a position for a
15    coordinator of the treatment-based drug court program.
      Directs the chief judge of each judicial circuit to
16    appoint an advisory committee for the treatment-based
      drug court program. Provides for membership of the
17    committee. Revises eligibility requirements for
      participation in pretrial intervention programs and
18    delinquency pretrial intervention programs. Authorizes a
      court to refer certain defendants and delinquents who are
19    assessed with a substance abuse problem to a pretrial
      intervention program with the approval of the state
20    attorney. Requires each defendant and child enrolled in a
      pretrial intervention program to be subject to a
21    coordinated strategy developed by a drug court team.
      Directs that each coordinated strategy include a protocol
22    of sanctions that may be imposed. Requires the protocol
      of sanctions to include certain specified sanctions.
23    Directs that the coordinated strategy be provided to the
      child or defendant at the time he or she enters the
24    pretrial drug court program. (See bill for details.)

25  

26  

27  

28  

29  

30  

31  

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