CS for SB 1072 First Engrossed (ntc)
20101072e1
1 A bill to be entitled
2 An act relating to juvenile justice; amending s.
3 394.492, F.S.; including children 9 years of age or
4 younger at the time of referral for a delinquent act
5 within the definition of those children who are
6 eligible to receive comprehensive mental health
7 services; amending s. 984.03, F.S.; redefining the
8 terms “child in need of services” and “family in need
9 of services” to provide that a child is eligible to
10 receive comprehensive services if the child is 9 years
11 of age or younger at the time of referral to the
12 Department of Juvenile Justice for a delinquent act;
13 amending s. 984.14, F.S.; providing that a child may
14 not be placed in a shelter before a court hearing
15 unless the child is taken into custody for a
16 misdemeanor domestic violence charge and is eligible
17 to be held in secure detention; amending s. 985.02,
18 F.S.; providing additional legislative findings and
19 intent for the juvenile justice system; amending s.
20 985.03, F.S.; redefining the terms “child in need of
21 services” and “family in need of services” to provide
22 that a child is eligible to receive comprehensive
23 services if the child is 9 years of age or younger at
24 the time of referral to the department for a
25 delinquent act; amending s. 985.125, F.S.; encouraging
26 law enforcement agencies, school districts, counties,
27 municipalities, and the department to establish
28 prearrest or postarrest diversion programs;
29 encouraging operators of diversion programs to give
30 first-time misdemeanor offenders and offenders who are
31 9 years of age or younger an opportunity to
32 participate in the programs; amending s. 985.145,
33 F.S.; requiring a juvenile probation officer to make a
34 referral to the appropriate shelter if the completed
35 risk assessment instrument shows that the child is
36 ineligible for secure detention; amending s. 985.24,
37 F.S.; prohibiting a child alleged to have committed a
38 delinquent act or violation of law from being placed
39 into secure, nonsecure, or home detention care because
40 of a misdemeanor charge of domestic violence if the
41 child lives in a family that has a history of family
42 violence or if the child is a victim of abuse or
43 neglect; prohibiting a child 9 years of age or younger
44 from being placed into secure detention care unless
45 the child is charged with a capital felony, a life
46 felony, or a felony of the first degree; amending s.
47 985.245, F.S.; revising membership on the statewide
48 risk assessment instrument committee; amending s.
49 985.255, F.S.; providing that a child may be retained
50 in home detention care under certain circumstances;
51 providing that a child who is charged with committing
52 a felony offense of domestic violence and who does not
53 meet detention criteria may nevertheless be held in
54 secure detention if the court makes certain specific
55 written findings; amending s. 985.441, F.S.;
56 authorizing a court to commit a female child
57 adjudicated as delinquent to the department for
58 placement in a mother-infant program designed to serve
59 the needs of juvenile mothers or expectant juvenile
60 mothers who are committed as delinquents; requiring
61 the department to adopt rules to govern the operation
62 of the mother-infant program; amending s. 985.45,
63 F.S.; providing that whenever a child is required by
64 the court to participate in any juvenile justice work
65 program, the child is considered an employee of the
66 state for the purpose of workers’ compensation;
67 amending s. 985.632, F.S.; requiring the Department of
68 Juvenile Justice to collect and analyze available
69 statistical data for the purpose of ongoing evaluation
70 of all juvenile justice programs; redefining terms;
71 requiring the department to use a standard methodology
72 to annually measure, evaluate, and report program
73 outputs and youth outcomes for each program and
74 program group; requiring that the department submit an
75 annual report to the appropriate committees of the
76 Legislature and the Governor; requiring that the
77 department apply a program accountability measures
78 analysis to each program; deleting obsolete
79 provisions; amending s. 985.664, F.S.; providing that
80 a juvenile justice circuit board may increase its
81 membership to adequately reflect the diversity of the
82 population, community organizations, and child care
83 agencies in its circuit; reenacting ss. 419.001(1)(d),
84 984.04(5), and 984.15(2)(c) and (3)(c), F.S., relating
85 to community residential homes, families and children
86 in need of services, and filing decisions available to
87 a state attorney, respectively, to incorporate the
88 amendment made to s. 984.03, F.S., in references
89 thereto; reenacting s. 984.13(3), F.S., relating to
90 taking a child into custody, to incorporate the
91 amendment made to s. 984.14, F.S., in a reference
92 thereto; reenacting s. 419.001(1)(d), F.S., relating
93 to community residential homes, to incorporate the
94 amendment made to s. 985.03, F.S., in a reference
95 thereto; providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Paragraph (i) is added to subsection (4) of
100 section 394.492, Florida Statutes, to read:
101 394.492 Definitions.—As used in ss. 394.490-394.497, the
102 term:
103 (4) “Child or adolescent at risk of emotional disturbance”
104 means a person under 18 years of age who has an increased
105 likelihood of becoming emotionally disturbed because of risk
106 factors that include, but are not limited to:
107 (i) Being 9 years of age or younger at the time of referral
108 for a delinquent act.
109 Section 2. Subsections (9) and (25) of section 984.03,
110 Florida Statutes, are amended to read:
111 984.03 Definitions.—When used in this chapter, the term:
112 (9) “Child in need of services” means a child for whom
113 there is no pending investigation into an allegation or
114 suspicion of abuse, neglect, or abandonment; no pending referral
115 alleging that the child is delinquent, except if the child is 9
116 years of age or younger at the time of referral to the
117 department; or no current supervision by the department of
118 Juvenile Justice or the Department of Children and Family
119 Services for an adjudication of dependency or delinquency. The
120 child must also, pursuant to this chapter, be found by the
121 court:
122 (a) To have persistently run away from the child’s parents
123 or legal custodians despite reasonable efforts of the child, the
124 parents or legal custodians, and appropriate agencies to remedy
125 the conditions contributing to the behavior. Reasonable efforts
126 shall include voluntary participation by the child’s parents or
127 legal custodians and the child in family mediation, services,
128 and treatment offered by the department of Juvenile Justice or
129 the Department of Children and Family Services;
130 (b) To be habitually truant from school, while subject to
131 compulsory school attendance, despite reasonable efforts to
132 remedy the situation pursuant to ss. 1003.26 and 1003.27 and
133 through voluntary participation by the child’s parents or legal
134 custodians and by the child in family mediation, services, and
135 treatment offered by the department of Juvenile Justice or the
136 Department of Children and Family Services; or
137 (c) To have persistently disobeyed the reasonable and
138 lawful demands of the child’s parents or legal custodians, and
139 to be beyond their control despite efforts by the child’s
140 parents or legal custodians and appropriate agencies to remedy
141 the conditions contributing to the behavior. Reasonable efforts
142 may include such things as good faith participation in family or
143 individual counseling; or.
144 (d) To be 9 years of age or younger and have been referred
145 to the department for committing a delinquent act.
146 (25) “Family in need of services” means a family that has a
147 child who is running away; who is persistently disobeying
148 reasonable and lawful demands of the parent or legal custodian
149 and is beyond the control of the parent or legal custodian; or
150 who is habitually truant from school or engaging in other
151 serious behaviors that place the child at risk of future abuse,
152 neglect, or abandonment or at risk of entering the juvenile
153 justice system; or who is 9 years of age or younger and being
154 referred to the department for a delinquent act. The child must
155 be referred to a law enforcement agency, the department of
156 Juvenile Justice, or an agency contracted to provide services to
157 children in need of services. A family is not eligible to
158 receive services if, at the time of the referral, there is an
159 open investigation into an allegation of abuse, neglect, or
160 abandonment or if the child is currently under supervision by
161 the department of Juvenile Justice or the Department of Children
162 and Family Services due to an adjudication of dependency or
163 delinquency.
164 Section 3. Subsection (1) of section 984.14, Florida
165 Statutes, is amended to read:
166 984.14 Shelter placement; hearing.—
167 (1) Unless ordered by the court pursuant to the provisions
168 of this chapter, or upon voluntary consent to placement by the
169 child and the child’s parent, legal guardian, or custodian, a
170 child taken into custody may shall not be placed in a shelter
171 prior to a court hearing unless the child is taken into custody
172 for a misdemeanor domestic violence charge and is ineligible to
173 be held in secure detention or a determination has been made
174 that the provision of appropriate and available services will
175 not eliminate the need for placement and that such placement is
176 required:
177 (a) To provide an opportunity for the child and family to
178 agree upon conditions for the child’s return home, when
179 immediate placement in the home would result in a substantial
180 likelihood that the child and family would not reach an
181 agreement; or
182 (b) Because a parent, custodian, or guardian is unavailable
183 to take immediate custody of the child.
184 Section 4. Subsections (9), (10), and (11) are added to
185 section 985.02, Florida Statutes, to read:
186 985.02 Legislative intent for the juvenile justice system.—
187 (9) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
188 finds that very young children need age-appropriate services in
189 order to prevent and reduce future acts of delinquency. Children
190 who are 9 years of age or younger should be diverted into
191 prearrest or postarrest programs, civil citation programs, or
192 children-in-need-of-services and families-in-need-of-services
193 programs, or other programs, as appropriate. If, upon findings
194 from the needs assessment, the child is found to be in need of
195 mental health services or substance abuse treatment services,
196 the department shall cooperate with the parent or legal guardian
197 and the Department of Children and Family Services, as
198 appropriate, to identify the most appropriate services and
199 supports and available funding sources to meet the needs of the
200 child.
201 (10) RESTORATIVE JUSTICE.—
202 (a) It is the intent of the Legislature that the juvenile
203 justice system advance the principles of restorative justice.
204 The department shall focus on repairing the harm to victims of
205 delinquent behavior by ensuring that the child understands the
206 effect of his or her delinquent behavior on the victim and the
207 community and that the child restore the losses of his or her
208 victim.
209 (b) Offender accountability is one of the principles of
210 restorative justice. The premise of this principle is that the
211 juvenile justice system must respond to delinquent behavior in
212 such a way that the offender is made aware of and takes
213 responsibility for repaying or restoring loss, damage, or injury
214 perpetrated upon the victim and the community. This goal is
215 achieved when the offender understands the consequences of
216 delinquent behaviors in terms of harm to others, and when the
217 offender makes amends for the harm, loss, or damage through
218 restitution, community service, or other appropriate repayment.
219 Section 5. Subsections (7) and (23) of section 985.03,
220 Florida Statutes, are amended to read:
221 985.03 Definitions.—As used in this chapter, the term:
222 (7) “Child in need of services” means a child for whom
223 there is no pending investigation into an allegation or
224 suspicion of abuse, neglect, or abandonment; no pending referral
225 alleging that the child is delinquent, except if the child is 9
226 years of age or younger at the time of referral to the
227 department; or no current supervision by the department or the
228 Department of Children and Family Services for an adjudication
229 of dependency or delinquency. The child must also, under this
230 chapter, be found by the court:
231 (a) To have persistently run away from the child’s parents
232 or legal custodians despite reasonable efforts of the child, the
233 parents or legal custodians, and appropriate agencies to remedy
234 the conditions contributing to the behavior. Reasonable efforts
235 shall include voluntary participation by the child’s parents or
236 legal custodians and the child in family mediation, services,
237 and treatment offered by the department or the Department of
238 Children and Family Services;
239 (b) To be habitually truant from school, while subject to
240 compulsory school attendance, despite reasonable efforts to
241 remedy the situation under ss. 1003.26 and 1003.27 and through
242 voluntary participation by the child’s parents or legal
243 custodians and by the child in family mediation, services, and
244 treatment offered by the department of Juvenile Justice or the
245 Department of Children and Family Services; or
246 (c) To have persistently disobeyed the reasonable and
247 lawful demands of the child’s parents or legal custodians, and
248 to be beyond their control despite efforts by the child’s
249 parents or legal custodians and appropriate agencies to remedy
250 the conditions contributing to the behavior. Reasonable efforts
251 may include such things as good faith participation in family or
252 individual counseling; or
253 (d) To be 9 years of age or younger and have been referred
254 to the department for a delinquent act.
255 (23) “Family in need of services” means a family that has a
256 child for whom there is no pending investigation into an
257 allegation of abuse, neglect, or abandonment or no current
258 supervision by the department or the Department of Children and
259 Family Services for an adjudication of dependency or
260 delinquency. The child must also have been referred to a law
261 enforcement agency or the department for:
262 (a) Running away from parents or legal custodians;
263 (b) Persistently disobeying reasonable and lawful demands
264 of parents or legal custodians, and being beyond their control;
265 or
266 (c) Habitual truancy from school; or
267 (d) Being 9 years of age or younger and being referred for
268 a delinquent act.
269 Section 6. Subsection (1) of section 985.125, Florida
270 Statutes, is amended to read:
271 985.125 Prearrest or postarrest diversion programs.—
272 (1) A law enforcement agency, or school district, county,
273 municipality, or the department, in cooperation with the state
274 attorney, is encouraged to may establish a prearrest or
275 postarrest diversion programs. Youth who are taken into custody
276 for first-time misdemeanor offenses or offenders who are 9 years
277 of age or younger should be given an opportunity to participate
278 in prearrest or postarrest diversion programs program.
279 Section 7. Paragraph (d) of subsection (1) of section
280 985.145, Florida Statutes, is amended to read:
281 985.145 Responsibilities of juvenile probation officer
282 during intake; screenings and assessments.—
283 (1) The juvenile probation officer shall serve as the
284 primary case manager for the purpose of managing, coordinating,
285 and monitoring the services provided to the child. Each program
286 administrator within the Department of Children and Family
287 Services shall cooperate with the primary case manager in
288 carrying out the duties and responsibilities described in this
289 section. In addition to duties specified in other sections and
290 through departmental rules, the assigned juvenile probation
291 officer shall be responsible for the following:
292 (d) Completing risk assessment instrument.—The juvenile
293 probation officer shall ensure that a risk assessment instrument
294 establishing the child’s eligibility for detention has been
295 accurately completed and that the appropriate recommendation was
296 made to the court. If, upon completion of the risk assessment
297 instrument, the child is ineligible for secure detention based
298 on the criteria in s. 985.24(2)(e), the juvenile probation
299 officer shall make a referral to the appropriate shelter for a
300 child in need of services or family in need of services.
301 Section 8. Section 985.24, Florida Statutes, is amended to
302 read:
303 985.24 Use of detention; prohibitions.—
304 (1) All determinations and court orders regarding the use
305 of secure, nonsecure, or home detention must shall be based
306 primarily upon findings that the child:
307 (a) Presents a substantial risk of not appearing at a
308 subsequent hearing;
309 (b) Presents a substantial risk of inflicting bodily harm
310 on others as evidenced by recent behavior;
311 (c) Presents a history of committing a property offense
312 prior to adjudication, disposition, or placement;
313 (d) Has committed contempt of court by:
314 1. Intentionally disrupting the administration of the
315 court;
316 2. Intentionally disobeying a court order; or
317 3. Engaging in a punishable act or speech in the court’s
318 presence which shows disrespect for the authority and dignity of
319 the court; or
320 (e) Requests protection from imminent bodily harm.
321 (2) A child alleged to have committed a delinquent act or
322 violation of law may not be placed into secure, nonsecure, or
323 home detention care for any of the following reasons:
324 (a) To allow a parent to avoid his or her legal
325 responsibility.
326 (b) To permit more convenient administrative access to the
327 child.
328 (c) To facilitate further interrogation or investigation.
329 (d) Due to a lack of more appropriate facilities.
330 (e) Due to a misdemeanor charge of domestic violence if the
331 child lives in a family that has a history of family violence,
332 as defined in s. 741.28, or if the child is a victim of abuse or
333 neglect, as defined in s. 39.01, and the decision to place the
334 child in secure detention is mitigated by the history of trauma
335 faced by the child, unless the child would otherwise be subject
336 to secure detention based on his or her prior history.
337 (3) A child alleged to be dependent under chapter 39 may
338 not, under any circumstances, be placed into secure detention
339 care.
340 (4) A child 9 years of age or younger may not be placed
341 into secure detention care unless the child is charged with a
342 capital felony, a life felony, or a felony of the first degree.
343 (5)(4) The department shall continue to identify
344 alternatives to secure detention care and shall develop such
345 alternatives and annually submit them to the Legislature for
346 authorization and appropriation.
347 Section 9. Paragraph (a) of subsection (2) of section
348 985.245, Florida Statutes, is amended to read:
349 985.245 Risk assessment instrument.—
350 (2)(a) The risk assessment instrument for detention care
351 placement determinations and court orders shall be developed by
352 the department in agreement with a statewide committee composed
353 of representatives appointed by the following associations: the
354 Conference of Circuit Judges of Florida, the Prosecuting
355 Attorneys Association, the Public Defenders Association, the
356 Florida Sheriffs Association, and the Florida Association of
357 Chiefs of Police. Each association shall appoint two
358 individuals, one representing an urban area and one representing
359 a rural area. In addition, the committee shall include two
360 representatives from child advocacy organizations appointed by
361 the secretary of the department. The parties involved shall
362 evaluate and revise the risk assessment instrument as is
363 considered necessary using the method for revision as agreed by
364 the parties.
365 Section 10. Section 985.255, Florida Statutes, is amended
366 to read:
367 985.255 Detention criteria; detention hearing.—
368 (1) Subject to s. 985.25(1), a child taken into custody and
369 placed into nonsecure or home detention care or detained in
370 secure detention care before prior to a detention hearing may
371 continue to be detained by the court if:
372 (a) The child is alleged to be an escapee from a
373 residential commitment program; or an absconder from a
374 nonresidential commitment program, a probation program, or
375 conditional release supervision; or is alleged to have escaped
376 while being lawfully transported to or from a residential
377 commitment program.
378 (b) The child is wanted in another jurisdiction for an
379 offense which, if committed by an adult, would be a felony.
380 (c) The child is charged with a delinquent act or violation
381 of law and requests in writing through legal counsel to be
382 detained for protection from an imminent physical threat to his
383 or her personal safety.
384 (d) The child is charged with committing a felony an
385 offense of domestic violence as defined in s. 741.28 and is
386 detained as provided in subsection (2).
387 (e) The child is charged with possession or discharging a
388 firearm on school property in violation of s. 790.115.
389 (f) The child is charged with a capital felony, a life
390 felony, a felony of the first degree, a felony of the second
391 degree that does not involve a violation of chapter 893, or a
392 felony of the third degree that is also a crime of violence,
393 including any such offense involving the use or possession of a
394 firearm.
395 (g) The child is charged with any second degree or third
396 degree felony involving a violation of chapter 893 or any third
397 degree felony that is not also a crime of violence, and the
398 child:
399 1. Has a record of failure to appear at court hearings
400 after being properly notified in accordance with the Rules of
401 Juvenile Procedure;
402 2. Has a record of law violations prior to court hearings;
403 3. Has already been detained or has been released and is
404 awaiting final disposition of the case;
405 4. Has a record of violent conduct resulting in physical
406 injury to others; or
407 5. Is found to have been in possession of a firearm.
408 (h) The child is alleged to have violated the conditions of
409 the child’s probation or conditional release supervision.
410 However, a child detained under this paragraph may be held only
411 in a consequence unit as provided in s. 985.439. If a
412 consequence unit is not available, the child shall be placed on
413 home detention with electronic monitoring.
414 (i) The child is detained on a judicial order for failure
415 to appear and has previously willfully failed to appear, after
416 proper notice, for an adjudicatory hearing on the same case
417 regardless of the results of the risk assessment instrument. A
418 child may be held in secure detention for up to 72 hours in
419 advance of the next scheduled court hearing pursuant to this
420 paragraph. The child’s failure to keep the clerk of court and
421 defense counsel informed of a current and valid mailing address
422 where the child will receive notice to appear at court
423 proceedings does not provide an adequate ground for excusal of
424 the child’s nonappearance at the hearings.
425 (j) The child is detained on a judicial order for failure
426 to appear and has previously willfully failed to appear, after
427 proper notice, at two or more court hearings of any nature on
428 the same case regardless of the results of the risk assessment
429 instrument. A child may be held in secure detention for up to 72
430 hours in advance of the next scheduled court hearing pursuant to
431 this paragraph. The child’s failure to keep the clerk of court
432 and defense counsel informed of a current and valid mailing
433 address where the child will receive notice to appear at court
434 proceedings does not provide an adequate ground for excusal of
435 the child’s nonappearance at the hearings.
436 (2) A child who is charged with committing a felony an
437 offense of domestic violence as defined in s. 741.28 and who
438 does not meet detention criteria may be held in secure detention
439 if the court makes specific written findings that:
440 (a) Respite care for the child is not available.
441 (b) It is necessary to place the child in secure detention
442 in order to protect the victim from injury.
443
444 The child may not be held in secure detention under this
445 subsection for more than 48 hours unless ordered by the court.
446 After 48 hours, the court shall hold a hearing if the state
447 attorney or victim requests that secure detention be continued.
448 The child may continue to be held in detention care if the court
449 makes a specific, written finding that detention care is
450 necessary to protect the victim from injury. However, the child
451 may not be held in detention care beyond the time limits set
452 forth in this section or s. 985.26.
453 (3)(a) A child who meets any of the criteria in subsection
454 (1) and who is ordered to be detained under that subsection
455 shall be given a hearing within 24 hours after being taken into
456 custody. The purpose of the detention hearing is to determine
457 the existence of probable cause that the child has committed the
458 delinquent act or violation of law that he or she is charged
459 with and the need for continued detention. Unless a child is
460 detained under paragraph (1)(d) or paragraph (1)(e), the court
461 shall use the results of the risk assessment performed by the
462 juvenile probation officer and, based on the criteria in
463 subsection (1), shall determine the need for continued
464 detention. A child placed into secure, nonsecure, or home
465 detention care may continue to be so detained by the court.
466 (b) If the court orders a placement more restrictive than
467 indicated by the results of the risk assessment instrument, the
468 court shall state, in writing, clear and convincing reasons for
469 such placement.
470 (c) Except as provided in s. 790.22(8) or in s. 985.27,
471 when a child is placed into secure or nonsecure detention care,
472 or into a respite home or other placement pursuant to a court
473 order following a hearing, the court order must include specific
474 instructions that direct the release of the child from such
475 placement no later than 5 p.m. on the last day of the detention
476 period specified in s. 985.26 or s. 985.27, whichever is
477 applicable, unless the requirements of such applicable provision
478 have been met or an order of continuance has been granted under
479 s. 985.26(4).
480 Section 11. Paragraph (e) is added to subsection (1) of
481 section 985.441, Florida Statutes, to read:
482 985.441 Commitment.—
483 (1) The court that has jurisdiction of an adjudicated
484 delinquent child may, by an order stating the facts upon which a
485 determination of a sanction and rehabilitative program was made
486 at the disposition hearing:
487 (e) Commit the child to the department for placement in a
488 mother-infant program designed to serve the needs of juvenile
489 mothers or expectant juvenile mothers who are committed as
490 delinquents. The department’s mother-infant program must be
491 licensed as a child care facility in accordance with s. 402.308,
492 and must provide the services and support necessary to enable
493 the committed juvenile mothers to provide for the needs of their
494 infants who, upon agreement of the mother, may accompany them in
495 the program. The department shall adopt rules pursuant to ss.
496 120.536(1) and 120.54 to govern the operation of such programs.
497 Section 12. Subsection (1) of section 985.45, Florida
498 Statutes, is amended to read:
499 985.45 Liability and remuneration for work.—
500 (1) Whenever a child is required by the court to
501 participate in any work program under this part or whenever a
502 child volunteers to work in a specified state, county,
503 municipal, or community service organization supervised work
504 program or to work for the victim, either as an alternative to
505 monetary restitution or as a part of the rehabilitative or
506 probation program, the child is an employee of the state for the
507 purposes of chapter 440 liability.
508 Section 13. Section 985.632, Florida Statutes, is amended
509 to read:
510 985.632 Program review and reporting requirements Quality
511 assurance and cost-effectiveness.—
512 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
513 that the department:
514 (a) Ensure that information be provided to decisionmakers
515 in a timely manner so that resources are allocated to programs
516 that of the department which achieve desired performance levels.
517 (b) Collect and analyze available statistical data for the
518 purpose of ongoing evaluation of all programs.
519 (c)(b) Provide information about the cost of such programs
520 and their differential effectiveness so that program the quality
521 may of such programs can be compared and improvements made
522 continually.
523 (d)(c) Provide information to aid in developing related
524 policy issues and concerns.
525 (e)(d) Provide information to the public about the
526 effectiveness of such programs in meeting established goals and
527 objectives.
528 (f)(e) Provide a basis for a system of accountability so
529 that each youth client is afforded the best programs to meet his
530 or her needs.
531 (g)(f) Improve service delivery to youth clients.
532 (h)(g) Modify or eliminate activities that are not
533 effective.
534 (2) DEFINITIONS.—As used in this section, the term:
535 (a) “Youth” “Client” means any person who is being provided
536 treatment or services by the department or by a provider under
537 contract with the department.
538 (b) “Program” means any facility, service, or program for
539 youth which is operated by the department or by a provider under
540 contract with the department.
541 (c)(b) “Program component” means an aggregation of
542 generally related objectives which, because of their special
543 character, related workload, and interrelated output, can
544 logically be considered an entity for purposes of organization,
545 management, accounting, reporting, and budgeting.
546 (c) “Program effectiveness” means the ability of the
547 program to achieve desired client outcomes, goals, and
548 objectives.
549 (d) “Program group” means a collection of programs having
550 sufficient similarity of functions, services, and population to
551 permit appropriate comparisons between programs within the
552 group.
553 (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
554 shall use a standard methodology for annually measuring,
555 evaluating, and reporting program outputs and youth outcomes for
556 each program and program group. The department shall submit a
557 report to the appropriate committees of the Legislature and the
558 Governor by January 15 of each year. The department shall notify
559 the Office of Program Policy Analysis and Government
560 Accountability and each contract service provider of substantive
561 changes to the methodology. The standard methodology must:
562 (a) Define common terminology and operational definitions
563 and methods by which to measure the performance of program
564 outputs and outcomes.
565 (b) Specify program outputs for each program and for each
566 program group within the juvenile justice continuum.
567 (c) Report cost data for each program operated or
568 contracted by the department for the fiscal year corresponding
569 to the program outputs and outcomes being reported. The
570 department shall annually collect and report cost data for every
571 program operated or contracted by the department. The cost data
572 shall conform to a format approved by the department and the
573 Legislature. Uniform cost data shall be reported and collected
574 for state-operated and contracted programs so that comparisons
575 can be made among programs. The department shall ensure that
576 there is accurate cost accounting for state-operated services
577 including market-equivalent rent and other shared cost. The cost
578 of the educational program provided to a residential facility
579 shall be reported and included in the cost of a program. The
580 department shall submit an annual cost report to the President
581 of the Senate, the Speaker of the House of Representatives, the
582 Minority Leader of each house of the Legislature, the
583 appropriate substantive and fiscal committees of each house of
584 the Legislature, and the Governor, no later than December 1 of
585 each year. Cost-benefit analysis for educational programs will
586 be developed and implemented in collaboration with and in
587 cooperation with the Department of Education, local providers,
588 and local school districts. Cost data for the report shall
589 include data collected by the Department of Education for the
590 purposes of preparing the annual report required by s.
591 1003.52(19).
592 (4)(a) PROGRAM ACCOUNTABILITY MEASURES.—The department of
593 Juvenile Justice, in consultation with the Office of Economic
594 and Demographic Research, and contract service providers, shall
595 develop a cost-effectiveness model and apply the program
596 accountability measures analysis model to each commitment
597 program and include the results in the comprehensive
598 accountability report. Program recidivism rates shall be a
599 component of the model.
600 (a) The program accountability measures analysis cost
601 effectiveness model shall compare program costs to expected and
602 actual youth recidivism rates client outcomes and program
603 outputs. It is the intent of the Legislature that continual
604 development efforts take place to improve the validity and
605 reliability of the cost-effectiveness model and to integrate the
606 standard methodology developed under s. 985.401(4) for
607 interpreting program outcome evaluations.
608 (b) The department shall rank commitment programs based on
609 the cost-effectiveness model and shall submit a report to the
610 appropriate substantive and fiscal committees of each house of
611 the Legislature by December 31 of each year.
612 (b)(c) Based on reports of the department on client
613 outcomes and program outputs and on the department’s most recent
614 program accountability measures analysis cost-effectiveness
615 rankings, the department may terminate its contract with or
616 discontinue a commitment program operated by the department or a
617 provider if the program has failed to achieve a minimum
618 threshold of recidivism and cost-effectiveness program
619 effectiveness. This paragraph does not preclude the department
620 from terminating a contract as provided under this section or as
621 otherwise provided by law or contract, and does not limit the
622 department’s authority to enter into or terminate a contract.
623 (c)(d) The department shall notify the Office of Program
624 Policy Analysis and Government Accountability and each contract
625 service provider of substantive changes to the program
626 accountability measures analysis. In collaboration with the
627 Office of Economic and Demographic Research, and contract
628 service providers, the department shall develop a work plan to
629 refine the cost-effectiveness model so that the model is
630 consistent with the performance-based program budgeting measures
631 approved by the Legislature to the extent the department deems
632 appropriate. The department shall notify the Office of Program
633 Policy Analysis and Government Accountability of any meetings to
634 refine the model.
635 (d)(e) Contingent upon specific appropriation, the
636 department, in consultation with the Office of Economic and
637 Demographic Research, and contract service providers, shall:
638 1. Construct a profile of each commitment program that uses
639 the results of the quality assurance report required by this
640 section, the cost-effectiveness report required in this
641 subsection, and other reports available to the department.
642 2. Target, for a more comprehensive evaluation, any
643 commitment program that has achieved consistently high, low, or
644 disparate ratings in the reports required under subparagraph 1.
645 3. Identify the essential factors that contribute to the
646 high, low, or disparate program ratings.
647 4. Use the results of these evaluations in developing or
648 refining juvenile justice programs or program models, youth
649 client outcomes and program outputs, provider contracts, quality
650 assurance standards, and the cost-effectiveness model.
651 (5) QUALITY ASSURANCE.—The department shall:
652 (a) Establish a comprehensive quality assurance system for
653 each program operated by the department or operated by a
654 provider under contract with the department. Each contract
655 entered into by the department must provide for quality
656 assurance and include the results in the comprehensive
657 accountability report.
658 (b) Provide operational definitions of and criteria for
659 quality assurance for each specific program component.
660 (c) Establish quality assurance goals and objectives for
661 each specific program component.
662 (d) Establish the information and specific data elements
663 required for the quality assurance program.
664 (e) Develop a quality assurance manual of specific,
665 standardized terminology and procedures to be followed by each
666 program.
667 (f) Evaluate each program operated by the department or a
668 provider under a contract with the department and establish
669 minimum thresholds for each program component. If a provider
670 fails to meet the established minimum thresholds, such failure
671 shall cause the department to cancel the provider’s contract
672 unless the provider achieves compliance with minimum thresholds
673 within 6 months or unless there are documented extenuating
674 circumstances. In addition, the department may not contract with
675 the same provider for the canceled service for a period of 12
676 months. If a department-operated program fails to meet the
677 established minimum thresholds, the department must take
678 necessary and sufficient steps to ensure and document program
679 changes to achieve compliance with the established minimum
680 thresholds. If the department-operated program fails to achieve
681 compliance with the established minimum thresholds within 6
682 months and if there are no documented extenuating circumstances,
683 the department must notify the Executive Office of the Governor
684 and the Legislature of the corrective action taken. Appropriate
685 corrective action may include, but is not limited to:
686 1. Contracting out for the services provided in the
687 program;
688 2. Initiating appropriate disciplinary action against all
689 employees whose conduct or performance is deemed to have
690 materially contributed to the program’s failure to meet
691 established minimum thresholds;
692 3. Redesigning the program; or
693 4. Realigning the program.
694
695 The department shall submit an annual report to the President of
696 the Senate, the Speaker of the House of Representatives, the
697 Minority Leader of each house of the Legislature, the
698 appropriate substantive and fiscal committees of each house of
699 the Legislature, and the Governor, no later than February 1 of
700 each year. The annual report must contain, at a minimum, for
701 each specific program component: a comprehensive description of
702 the population served by the program; a specific description of
703 the services provided by the program; cost; a comparison of
704 expenditures to federal and state funding; immediate and long
705 range concerns; and recommendations to maintain, expand,
706 improve, modify, or eliminate each program component so that
707 changes in services lead to enhancement in program quality. The
708 department shall ensure the reliability and validity of the
709 information contained in the report.
710 (6) The department shall collect and analyze available
711 statistical data for the purpose of ongoing evaluation of all
712 programs. The department shall provide the Legislature with
713 necessary information and reports to enable the Legislature to
714 make informed decisions regarding the effectiveness of, and any
715 needed changes in, services, programs, policies, and laws.
716 (7) No later than November 1, 2001, the department shall
717 submit a proposal to the Legislature concerning funding
718 incentives and disincentives for the department and for
719 providers under contract with the department. The
720 recommendations for funding incentives and disincentives shall
721 be based upon both quality assurance performance and cost
722 effectiveness performance. The proposal should strive to achieve
723 consistency in incentives and disincentives for both department
724 operated and contractor-provided programs. The department may
725 include recommendations for the use of liquidated damages in the
726 proposal; however, the department is not presently authorized to
727 contract for liquidated damages in non-hardware-secure
728 facilities until January 1, 2002.
729 Section 14. Subsection (8) of section 985.664, Florida
730 Statutes, is amended to read:
731 985.664 Juvenile justice circuit boards and juvenile
732 justice county councils.—
733 (8) At any time after the adoption of initial bylaws
734 pursuant to subsection (12), a juvenile justice circuit board
735 may revise the bylaws to increase the number of members by not
736 more than five three in order to adequately reflect the
737 diversity of the population and community organizations or
738 agencies in the circuit.
739 Section 15. For the purpose of incorporating the amendment
740 made by this act to section 984.03, Florida Statutes, in a
741 reference thereto, paragraph (d) of subsection (1) of section
742 419.001, Florida Statutes, is reenacted to read:
743 419.001 Site selection of community residential homes.—
744 (1) For the purposes of this section, the following
745 definitions shall apply:
746 (d) “Resident” means any of the following: a frail elder as
747 defined in s. 429.65; a physically disabled or handicapped
748 person as defined in s. 760.22(7)(a); a developmentally disabled
749 person as defined in s. 393.063; a nondangerous mentally ill
750 person as defined in s. 394.455(18); or a child who is found to
751 be dependent as defined in s. 39.01 or s. 984.03, or a child in
752 need of services as defined in s. 984.03 or s. 985.03.
753 Section 16. For the purpose of incorporating the amendment
754 made by this act to section 984.03, Florida Statutes, in a
755 reference thereto, subsection (5) of section 984.04, Florida
756 Statutes, is reenacted to read:
757 984.04 Families in need of services and children in need of
758 services; procedures and jurisdiction.—
759 (5) The circuit court shall have exclusive original
760 jurisdiction of proceedings in which a child is alleged to be a
761 child in need of services. When the jurisdiction of any child
762 who has been found to be a child in need of services or the
763 parent, custodian, or legal guardian of such a child is
764 obtained, the court shall retain jurisdiction, unless
765 relinquished by its order or unless the department withdraws its
766 petition because the child no longer meets the definition of a
767 child in need of services as defined in s. 984.03, until the
768 child reaches 18 years of age. This subsection shall not be
769 construed to prevent the exercise of jurisdiction by any other
770 court having jurisdiction of the child if the child commits a
771 violation of law, is the subject of the dependency provisions
772 under this chapter, or is the subject of a pending investigation
773 into an allegation or suspicion of abuse, neglect, or
774 abandonment.
775 Section 17. For the purpose of incorporating the amendment
776 made by this act to section 984.03, Florida Statutes, in
777 references thereto, paragraph (c) of subsection (2) and
778 paragraph (c) of subsection (3) of section 984.15, Florida
779 Statutes, are reenacted to read:
780 984.15 Petition for a child in need of services.—
781 (2)
782 (c) The petition shall be in writing, shall state the
783 specific grounds under s. 984.03(9) by which the child is
784 designated a child in need of services, and shall certify that
785 the conditions prescribed in paragraph (a) have been met. The
786 petition shall be signed by the petitioner under oath stating
787 good faith in filing the petition and shall be signed by an
788 attorney for the department.
789 (3)
790 (c) The petition must be in writing and must set forth
791 specific facts alleging that the child is a child in need of
792 services as defined in s. 984.03(9). The petition must also
793 demonstrate that the parent, guardian, or legal custodian has in
794 good faith, but unsuccessfully, participated in the services and
795 processes described in ss. 984.11 and 984.12.
796 Section 18. For the purpose of incorporating the amendment
797 made by this act to section 984.14, Florida Statutes, in a
798 reference thereto, subsection (3) of section 984.13, Florida
799 Statutes, is reenacted to read:
800 984.13 Taking into custody a child alleged to be from a
801 family in need of services or to be a child in need of
802 services.—
803 (3) If the child is taken into custody by, or is delivered
804 to, the department, the appropriate representative of the
805 department shall review the facts and make such further inquiry
806 as necessary to determine whether the child shall remain in
807 custody or be released. Unless shelter is required as provided
808 in s. 984.14(1), the department shall:
809 (a) Release the child to his or her parent, guardian, or
810 legal custodian, to a responsible adult relative, to a
811 responsible adult approved by the department, or to a
812 department-approved family-in-need-of-services and child-in
813 need-of-services provider; or
814 (b) Authorize temporary services and treatment that would
815 allow the child alleged to be from a family in need of services
816 to remain at home.
817 Section 19. For the purpose of incorporating the amendment
818 made by this act to section 985.03, Florida Statutes, in a
819 reference thereto, paragraph (d) of subsection (1) of section
820 419.001, Florida Statutes, is reenacted to read:
821 419.001 Site selection of community residential homes.—
822 (1) For the purposes of this section, the following
823 definitions shall apply:
824 (d) “Resident” means any of the following: a frail elder as
825 defined in s. 429.65; a physically disabled or handicapped
826 person as defined in s. 760.22(7)(a); a developmentally disabled
827 person as defined in s. 393.063; a nondangerous mentally ill
828 person as defined in s. 394.455(18); or a child who is found to
829 be dependent as defined in s. 39.01 or s. 984.03, or a child in
830 need of services as defined in s. 984.03 or s. 985.03.
831 Section 20. This act shall take effect July 1, 2010.