HB 1233

1	A bill to be entitled
2	An act relating to juvenile justice; amending s. 394.492,
3	F.S.; including children 9 years of age or younger at the
4	time of referral for a delinquent act within the
5	definition of those children who are eligible to receive
6	comprehensive mental health services; amending s. 984.14,
7	F.S.; prohibiting placement of a child into a shelter
8	before a court hearing unless the child is taken into
9	custody for a misdemeanor domestic violence charge and is
10	ineligible to be held in secure detention; amending s.
11	985.02, F.S.; revising legislative intent concerning
12	delinquency prevention and detention; deleting provisions
13	relating to serious and habitual juvenile offenders;
14	providing legislative intent concerning children 9 years
15	of age or younger and restorative justice; amending s.
16	985.125, F.S.; encouraging law enforcement agencies,
17	school districts, counties, municipalities, and the
18	department to establish prearrest or postarrest diversion
19	programs and to give first-time misdemeanor offenders and
20	offenders who are 9 years of age or younger an opportunity
21	to participate in the programs; amending s. 985.145, F.S.;
22	requiring a juvenile probation officer to make a referral
23	to the appropriate shelter if the completed risk
24	assessment instrument shows that the child is ineligible
25	for secure detention; amending s. 985.24, F.S.;
26	prohibiting a child alleged to have committed a delinquent
27	act or violation of law from being placed into secure,
28	nonsecure, or home detention care because of a misdemeanor
29	charge of domestic violence if the child lives in a family
30	that has a history of family violence or if the child is a
31	victim of abuse or neglect unless the child would
32	otherwise be subject to secure detention based on prior
33	history; prohibiting a child 9 years of age or younger
34	from being placed into secure detention care unless the
35	child is charged with a capital felony, a life felony, or
36	a felony of the first degree; amending s. 985.245, F.S.;
37	revising the development process for the risk assessment
38	instrument; revising factors to be considered in assessing
39	a child's risk of rearrest or failure to appear; amending
40	s. 985.255, F.S.; providing that a child may be placed in
41	home detention care or detained in secure detention care
42	under certain circumstances; providing that a child who is
43	charged with committing a felony offense of domestic
44	violence and who does not meet detention criteria may
45	nevertheless be held in secure detention care if the court
46	makes certain specific written findings; amending s.
47	985.441, F.S.; authorizing a court to commit a female
48	child adjudicated as delinquent to the department for
49	placement in a mother-infant program designed to serve the
50	needs of juvenile mothers or expectant juvenile mothers
51	who are committed as delinquents; requiring the department
52	to adopt rules to govern the operation of the mother-
53	infant program; amending s. 985.45, F.S.; providing that
54	whenever a child is required by the court to participate
55	in any juvenile justice work program, the child is
56	considered an employee of the state for the purpose of
57	workers' compensation; amending s. 985.632, F.S.;
58	establishing legislative intent that the Department of
59	Juvenile Justice collect and analyze available statistical
60	data for the purpose of ongoing evaluation of all juvenile
61	justice programs; redefining terms; requiring the
62	department to use a standard methodology to annually
63	measure, evaluate, and report program outputs and youth
64	outcomes for each program and program group; requiring
65	that the department submit an annual report to the
66	appropriate committees of the Legislature and the
67	Governor; requiring that the department notify specified
68	parties of substantive changes to the standard methodology
69	used in its evaluation; requiring that the department
70	apply a program accountability measures analysis to each
71	commitment program; deleting obsolete provisions;
72	reenacting s. 984.13(3), F.S., relating to taking a child
73	into custody, to incorporate the amendment made to s.
74	984.14, F.S., in a reference thereto; providing an
75	effective date.
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Paragraph (i) is added to subsection (4) of
80	section 394.492, Florida Statutes, to read:
81	394.492  Definitions.-As used in ss. 394.490-394.497, the
82	term:
83	(4)  "Child or adolescent at risk of emotional disturbance"
84	means a person under 18 years of age who has an increased
85	likelihood of becoming emotionally disturbed because of risk
86	factors that include, but are not limited to:
87	(i)  Being 9 years of age or younger at the time of
88	referral for a delinquent act.
89	Section 2.  Subsection (1) of section 984.14, Florida
90	Statutes, is amended to read:
91	984.14  Shelter placement; hearing.-
92	(1)  Unless ordered by the court pursuant to the provisions
93	of this chapter, or upon voluntary consent to placement by the
94	child and the child's parent, legal guardian, or custodian, a
95	child taken into custody may shall not be placed in a shelter
96	prior to a court hearing unless a determination has been made
97	that the provision of appropriate and available services will
98	not eliminate the need for placement and that such placement is
99	required:
100	(a)  To provide an opportunity for the child and family to
101	agree upon conditions for the child's return home, when
102	immediate placement in the home would result in a substantial
103	likelihood that the child and family would not reach an
104	agreement; or
105	(b)  Because a parent, custodian, or guardian is
106	unavailable to take immediate custody of the child.
107	Section 3.  Paragraph (b) of subsection (3), paragraph (b)
108	of subsection (4), and subsection (5) of section 985.02, Florida
109	Statutes, are amended, subsections (6) through (8) are
110	redesignated as subsections (5) through (7), respectively, and
111	new subsections (8) and (9) are added to that section, to read:
112	985.02  Legislative intent for the juvenile justice
113	system.-
114	(3)  JUVENILE JUSTICE AND DELINQUENCY PREVENTION.-It is the
115	policy of the state with respect to juvenile justice and
116	delinquency prevention to first protect the public from acts of
117	delinquency. In addition, it is the policy of the state to:
118	(b)  Develop and implement effective programs to prevent
119	delinquency, to divert children from the traditional juvenile
120	justice system, to intervene at an early stage of delinquency,
121	and to provide critically needed alternatives to
122	institutionalization, and deep-end commitment, and secure
123	detention.
124
125	The Legislature intends that detention care, in addition to
126	providing secure and safe custody, will promote the health and
127	well-being of the children committed thereto and provide an
128	environment that fosters their social, emotional, intellectual,
129	and physical development.
130	(4)  DETENTION.-
131	(b)  The Legislature intends that a juvenile found to have
132	committed a delinquent act understands the consequences and the
133	serious nature of such behavior. Therefore, the Legislature
134	finds that secure detention is appropriate to ensure public
135	safety and guarantee court appearance provide punishment that
136	discourages further delinquent behavior. The Legislature also
137	finds that certain juveniles have committed a sufficient number
138	of criminal acts, including acts involving violence to persons,
139	to represent sufficient danger to the community to warrant
140	sentencing and placement within the adult system. It is the
141	intent of the Legislature to establish clear criteria in order
142	to identify these juveniles and remove them from the juvenile
143	justice system.
144	(5)  SERIOUS OR HABITUAL JUVENILE OFFENDERS.-The
145	Legislature finds that fighting crime effectively requires a
146	multipronged effort focusing on particular classes of delinquent
147	children and the development of particular programs. This
148	state's juvenile justice system has an inadequate number of beds
149	for serious or habitual juvenile offenders and an inadequate
150	number of community and residential programs for a significant
151	number of children whose delinquent behavior is due to or
152	connected with illicit substance abuse. In addition, a
153	significant number of children have been adjudicated in adult
154	criminal court and placed in this state's prisons where programs
155	are inadequate to meet their rehabilitative needs and where
156	space is needed for adult offenders. Recidivism rates for each
157	of these classes of offenders exceed those tolerated by the
158	Legislature and by the citizens of this state.
159	(8)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
160	finds that very young children need age-appropriate services in
161	order to prevent and reduce future acts of delinquency. Children
162	who are 9 years of age or younger may be diverted into prearrest
163	or postarrest programs, civil citation programs, or children-in-
164	need-of-services and families-in-need-of-services programs, or
165	other programs, as appropriate. If, based upon a needs
166	assessment, the child is found to be in need of mental health
167	services or substance abuse treatment services, the department
168	shall cooperate with the parent or legal guardian and the
169	Department of Children and Family Services, as appropriate, to
170	identify the most appropriate services and supports and
171	available funding sources to meet the needs of the child.
172	(9)  RESTORATIVE JUSTICE.-
173	(a)  It is the intent of the Legislature that the juvenile
174	justice system advance the principles of restorative justice.
175	The department shall focus on repairing the harm to victims of
176	delinquent behavior by ensuring that the child understands the
177	effect of his or her delinquent behavior on the victim and the
178	community and that the child restores the losses of his or her
179	victim.
180	(b)  Offender accountability is one of the principles of
181	restorative justice. The premise of this principle is that the
182	juvenile justice system must respond to delinquent behavior in
183	such a way that the offender is made aware of and takes
184	responsibility for repaying or restoring loss, damage, or injury
185	perpetrated upon the victim and the community. This goal is
186	achieved when the offender understands the consequences of
187	delinquent behaviors in terms of harm to others, and when the
188	offender makes amends for the harm, loss, or damage through
189	restitution, community service, or other appropriate repayment.
190	Section 4.  Subsection (1) of section 985.125, Florida
191	Statutes, is amended to read:
192	985.125  Prearrest or postarrest diversion programs.-
193	(1)  A law enforcement agency, or school district, county,
194	municipality, or the department, in cooperation with the state
195	attorney, is encouraged to may establish a prearrest or
196	postarrest diversion programs. Youth who are taken into custody
197	for first-time misdemeanor offenses or offenders who are 9 years
198	of age or younger should be given an opportunity to participate
199	in prearrest or postarrest diversion programs program.
200	Section 5.  Paragraph (d) of subsection (1) of section
201	985.145, Florida Statutes, is amended to read:
202	985.145  Responsibilities of juvenile probation officer
203	during intake; screenings and assessments.-
204	(1)  The juvenile probation officer shall serve as the
205	primary case manager for the purpose of managing, coordinating,
206	and monitoring the services provided to the child. Each program
207	administrator within the Department of Children and Family
208	Services shall cooperate with the primary case manager in
209	carrying out the duties and responsibilities described in this
210	section. In addition to duties specified in other sections and
211	through departmental rules, the assigned juvenile probation
212	officer shall be responsible for the following:
213	(d)  Completing risk assessment instrument.-The juvenile
214	probation officer shall ensure that a risk assessment instrument
215	establishing the child's eligibility for detention has been
216	accurately completed and that the appropriate recommendation was
217	made to the court. If, upon completion of the risk assessment
218	instrument, the child is ineligible for secure detention based
219	on the criteria in s. 985.24(2)(e), the juvenile probation
220	officer shall make a referral to the appropriate shelter for a
221	child in need of services or family in need of services.
222	Section 6.  Section 985.24, Florida Statutes, is amended to
223	read:
224	985.24  Use of detention; prohibitions.-
225	(1)  All determinations and court orders regarding the use
226	of secure, nonsecure, or home detention must shall be based
227	primarily upon findings that the child:
228	(a)  Presents a substantial risk of not appearing at a
229	subsequent hearing;
230	(b)  Presents a substantial risk of inflicting bodily harm
231	on others as evidenced by recent behavior;
232	(c)  Presents a history of committing a property offense
233	prior to adjudication, disposition, or placement;
234	(d)  Has committed contempt of court by:
235	1.  Intentionally disrupting the administration of the
236	court;
237	2.  Intentionally disobeying a court order; or
238	3.  Engaging in a punishable act or speech in the court's
239	presence which shows disrespect for the authority and dignity of
240	the court; or
241	(e)  Requests protection from imminent bodily harm.
242	(2)  A child alleged to have committed a delinquent act or
243	violation of law may not be placed into secure, nonsecure, or
244	home detention care for any of the following reasons:
245	(a)  To allow a parent to avoid his or her legal
246	responsibility.
247	(b)  To permit more convenient administrative access to the
248	child.
249	(c)  To facilitate further interrogation or investigation.
250	(d)  Due to a lack of more appropriate facilities.
251	(e)  Due to a misdemeanor charge of domestic violence if
252	the child lives in a family that has a history of family
253	violence, as defined in s. 741.28, or if the child is a victim
254	of abuse or neglect, as defined in s. 39.01, and the decision to
255	place the child in secure detention care is mitigated by the
256	history of trauma faced by the child, unless the child would
257	otherwise be subject to secure detention based on his or her
258	prior history.
259	(3)  A child alleged to be dependent under chapter 39 may
260	not, under any circumstances, be placed into secure detention
261	care.
262	(4)  A child 9 years of age or younger may not be placed
263	into secure detention care unless the child is charged with a
264	capital felony, a life felony, or a felony of the first degree.
265	(5)(4)  The department shall continue to identify
266	alternatives to secure detention care and shall develop such
267	alternatives and annually submit them to the Legislature for
268	authorization and appropriation.
269	Section 7.  Subsection (2) of section 985.245, Florida
270	Statutes, is amended to read:
271	985.245  Risk assessment instrument.-
272	(2)(a)  The risk assessment instrument for detention care
273	placement determinations and court orders shall be developed by
274	the department in consultation agreement with representatives
275	appointed by the following associations: the Conference of
276	Circuit Judges of Florida, the Prosecuting Attorneys
277	Association, the Public Defenders Association, the Florida
278	Sheriffs Association, and the Florida Association of Chiefs of
279	Police. Each association shall appoint two individuals, one
280	representing an urban area and one representing a rural area.
281	The parties involved shall evaluate and revise the risk
282	assessment instrument must be effective at predicting risk and
283	avoiding the unnecessary use of secure detention as is
284	considered necessary using the method for revision as agreed by
285	the parties.
286	(b)  The risk assessment instrument shall accurately
287	predict a child's risk of rearrest or failure to appear and may
288	take the following factors take into consideration, but need not
289	be limited to them:, prior history of failure to appear, prior
290	offenses, offenses committed pending adjudication, any unlawful
291	possession of a firearm, theft of a motor vehicle or possession
292	of a stolen motor vehicle, and probation status at the time the
293	child is taken into custody. The risk assessment instrument
294	shall also take into consideration appropriate aggravating and
295	mitigating circumstances, and shall be designed to target a
296	narrower population of children than s. 985.255. The risk
297	assessment instrument shall also include any information
298	concerning the child's history of abuse and neglect. The risk
299	assessment shall indicate whether detention care is warranted,
300	and, if detention care is warranted, whether the child should be
301	placed into secure, nonsecure, or home detention care.
302	Section 8.  Section 985.255, Florida Statutes, is amended
303	to read:
304	985.255  Detention criteria; detention hearing.-
305	(1)  Subject to s. 985.25(1), a child taken into custody
306	and placed into nonsecure or home detention care or detained in
307	secure detention care before prior to a detention hearing may
308	continue to be detained by the court if:
309	(a)  The child is alleged to be an escapee from a
310	residential commitment program; or an absconder from a
311	nonresidential commitment program, a probation program, or
312	conditional release supervision; or is alleged to have escaped
313	while being lawfully transported to or from a residential
314	commitment program.
315	(b)  The child is wanted in another jurisdiction for an
316	offense which, if committed by an adult, would be a felony.
317	(c)  The child is charged with a delinquent act or
318	violation of law and requests in writing through legal counsel
319	to be detained for protection from an imminent physical threat
320	to his or her personal safety.
321	(d)  The child is charged with committing a felony an
322	offense of domestic violence as defined in s. 741.28 and is
323	detained as provided in subsection (2).
324	(e)  The child is charged with possession or discharging a
325	firearm on school property in violation of s. 790.115.
326	(f)  The child is charged with a capital felony, a life
327	felony, a felony of the first degree, a felony of the second
328	degree that does not involve a violation of chapter 893, or a
329	felony of the third degree that is also a crime of violence,
330	including any such offense involving the use or possession of a
331	firearm.
332	(g)  The child is charged with any second degree or third
333	degree felony involving a violation of chapter 893 or any third
334	degree felony that is not also a crime of violence, and the
335	child:
336	1.  Has a record of failure to appear at court hearings
337	after being properly notified in accordance with the Rules of
338	Juvenile Procedure;
339	2.  Has a record of law violations prior to court hearings;
340	3.  Has already been detained or has been released and is
341	awaiting final disposition of the case;
342	4.  Has a record of violent conduct resulting in physical
343	injury to others; or
344	5.  Is found to have been in possession of a firearm.
345	(h)  The child is alleged to have violated the conditions
346	of the child's probation or conditional release supervision.
347	However, a child detained under this paragraph may be held only
348	in a consequence unit as provided in s. 985.439. If a
349	consequence unit is not available, the child shall be placed on
350	home detention with electronic monitoring.
351	(i)  The child is detained on a judicial order for failure
352	to appear and has previously willfully failed to appear, after
353	proper notice, for an adjudicatory hearing on the same case
354	regardless of the results of the risk assessment instrument. A
355	child may be held in secure detention for up to 72 hours in
356	advance of the next scheduled court hearing pursuant to this
357	paragraph. The child's failure to keep the clerk of court and
358	defense counsel informed of a current and valid mailing address
359	where the child will receive notice to appear at court
360	proceedings does not provide an adequate ground for excusal of
361	the child's nonappearance at the hearings.
362	(j)  The child is detained on a judicial order for failure
363	to appear and has previously willfully failed to appear, after
364	proper notice, at two or more court hearings of any nature on
365	the same case regardless of the results of the risk assessment
366	instrument. A child may be held in secure detention for up to 72
367	hours in advance of the next scheduled court hearing pursuant to
368	this paragraph. The child's failure to keep the clerk of court
369	and defense counsel informed of a current and valid mailing
370	address where the child will receive notice to appear at court
371	proceedings does not provide an adequate ground for excusal of
372	the child's nonappearance at the hearings.
373	(2)  A child who is charged with committing a felony an
374	offense of domestic violence as defined in s. 741.28 and who
375	does not meet detention criteria may be held in secure detention
376	if the court makes specific written findings that:
377	(a)  Respite care for the child is not available.
378	(b)  It is necessary to place the child in secure detention
379	in order to protect the victim from injury.
380
381	The child may not be held in secure detention under this
382	subsection for more than 48 hours unless ordered by the court.
383	After 48 hours, the court shall hold a hearing if the state
384	attorney or victim requests that secure detention be continued.
385	The child may continue to be held in detention care if the court
386	makes a specific, written finding that detention care is
387	necessary to protect the victim from injury. However, the child
388	may not be held in detention care beyond the time limits set
389	forth in this section or s. 985.26.
390	(3)(a)  A child who meets any of the criteria in subsection
391	(1) and who is ordered to be detained under that subsection
392	shall be given a hearing within 24 hours after being taken into
393	custody. The purpose of the detention hearing is to determine
394	the existence of probable cause that the child has committed the
395	delinquent act or violation of law that he or she is charged
396	with and the need for continued detention. Unless a child is
397	detained under paragraph (1)(d) or paragraph (1)(e), the court
398	shall use the results of the risk assessment performed by the
399	juvenile probation officer and, based on the criteria in
400	subsection (1), shall determine the need for continued
401	detention. A child placed into secure, nonsecure, or home
402	detention care may continue to be so detained by the court.
403	(b)  If the court orders a placement more restrictive than
404	indicated by the results of the risk assessment instrument, the
405	court shall state, in writing, clear and convincing reasons for
406	such placement.
407	(c)  Except as provided in s. 790.22(8) or in s. 985.27,
408	when a child is placed into secure or nonsecure detention care,
409	or into a respite home or other placement pursuant to a court
410	order following a hearing, the court order must include specific
411	instructions that direct the release of the child from such
412	placement no later than 5 p.m. on the last day of the detention
413	period specified in s. 985.26 or s. 985.27, whichever is
414	applicable, unless the requirements of such applicable provision
415	have been met or an order of continuance has been granted under
416	s. 985.26(4).
417	Section 9.  Paragraph (e) is added to subsection (1) of
418	section 985.441, Florida Statutes, to read:
419	985.441  Commitment.-
420	(1)  The court that has jurisdiction of an adjudicated
421	delinquent child may, by an order stating the facts upon which a
422	determination of a sanction and rehabilitative program was made
423	at the disposition hearing:
424	(e)  Commit the child to the department for placement in a
425	mother-infant program designed to serve the needs of juvenile
426	mothers or expectant juvenile mothers who are committed as
427	delinquents. The department's mother-infant program must be
428	licensed as a child care facility in accordance with s. 402.308,
429	and must provide the services and support necessary to enable
430	the committed juvenile mothers to provide for the needs of their
431	infants who, upon agreement of the mother, may accompany them in
432	the program. The department shall adopt rules pursuant to ss.
433	120.536(1) and 120.54 to govern the operation of such programs.
434	Section 10.  Subsection (1) of section 985.45, Florida
435	Statutes, is amended to read:
436	985.45  Liability and remuneration for work.-
437	(1)  Whenever a child is required by the court to
438	participate in any work program under this part or whenever a
439	child volunteers to work in a specified state, county,
440	municipal, or community service organization supervised work
441	program or to work for the victim, either as an alternative to
442	monetary restitution or as a part of the rehabilitative or
443	probation program, the child is an employee of the state for the
444	purposes of chapter 440 liability.
445	Section 11.   Section 985.632, Florida Statutes, is amended
446	to read:
447	985.632  Program review and reporting requirements Quality
448	assurance and cost-effectiveness.-
449	(1)  LEGISLATIVE INTENT.-It is the intent of the
450	Legislature that the department:
451	(a)  Ensure that information be provided to decisionmakers
452	in a timely manner so that resources are allocated to programs
453	that of the department which achieve desired performance levels.
454	(b)  Collect and analyze available statistical data for the
455	purpose of ongoing evaluation of all programs.
456	(c)(b)  Provide information about the cost of such programs
457	and their differential effectiveness so that program the quality
458	may of such programs can be compared and improvements made
459	continually.
460	(d)(c)  Provide information to aid in developing related
461	policy issues and concerns.
462	(e)(d)  Provide information to the public about the
463	effectiveness of such programs in meeting established goals and
464	objectives.
465	(f)(e)  Provide a basis for a system of accountability so
466	that each youth client is afforded the best programs to meet his
467	or her needs.
468	(g)(f)  Improve service delivery to youth clients.
469	(h)(g)  Modify or eliminate activities that are not
470	effective.
471	(2)  DEFINITIONS.-As used in this section, the term:
472	(a)  "Program" means any facility, service, or program for
473	youth which is operated by the department or by a provider under
474	contract with the department.
475	(b)(b)  "Program component" means an aggregation of
476	generally related objectives which, because of their special
477	character, related workload, and interrelated output, can
478	logically be considered an entity for purposes of organization,
479	management, accounting, reporting, and budgeting.
480	(c)  "Program group" means a collection of programs having
481	sufficient similarity of functions, services, and population to
482	allow appropriate comparisons between programs within the group.
483	(d)(a)  "Youth" "Client" means any person who is being
484	provided treatment or services by the department or by a
485	provider under contract with the department.
486	(c)  "Program effectiveness" means the ability of the
487	program to achieve desired client outcomes, goals, and
488	objectives.
489	(3)  COMPREHENSIVE ACCOUNTABILITY REPORT.-The department
490	shall use a standard methodology for annually measuring,
491	evaluating, and reporting program outputs and youth outcomes for
492	each program and program group. The department shall submit a
493	report to the appropriate committees of the Legislature and the
494	Governor by January 15 of each year. The department shall notify
495	the Office of Program Policy Analysis and Government
496	Accountability and each contract service provider of substantive
497	changes to the methodology. The standard methodology must:
498	(a)  Define common terminology and operational definitions
499	and methods by which the performance of program outputs and
500	outcomes may be measured.
501	(b)  Specify program outputs for each program and for each
502	program group within the juvenile justice continuum.
503	(c)  Report cost data for each program operated or
504	contracted by the department for the fiscal year corresponding
505	to the program outputs and outcomes being reported. The
506	department shall annually collect and report cost data for every
507	program operated or contracted by the department. The cost data
508	shall conform to a format approved by the department and the
509	Legislature. Uniform cost data shall be reported and collected
510	for state-operated and contracted programs so that comparisons
511	can be made among programs. The department shall ensure that
512	there is accurate cost accounting for state-operated services
513	including market-equivalent rent and other shared cost. The cost
514	of the educational program provided to a residential facility
515	shall be reported and included in the cost of a program. The
516	department shall submit an annual cost report to the President
517	of the Senate, the Speaker of the House of Representatives, the
518	Minority Leader of each house of the Legislature, the
519	appropriate substantive and fiscal committees of each house of
520	the Legislature, and the Governor, no later than December 1 of
521	each year. Cost-benefit analysis for educational programs will
522	be developed and implemented in collaboration with and in
523	cooperation with the Department of Education, local providers,
524	and local school districts. Cost data for the report shall
525	include data collected by the Department of Education for the
526	purposes of preparing the annual report required by s.
527	1003.52(19).
528	(4)  PROGRAM ACCOUNTABILITY MEASURES.-
529	(a)  The department, in consultation with the Office of
530	Economic and Demographic Research and contract service
531	providers, shall develop a cost-effectiveness model and apply
532	the program accountability measures analysis model to each
533	commitment program and include the results in the comprehensive
534	accountability report. Program recidivism rates shall be a
535	component of the model. The program accountability measures
536	analysis cost-effectiveness model shall compare program costs to
537	expected and actual youth recidivism rates client outcomes and
538	program outputs. It is the intent of the Legislature that
539	continual development efforts take place to improve the validity
540	and reliability of the program accountability measure analysis
541	cost-effectiveness model.
542	(b)  The department shall rank commitment programs based on
543	the cost-effectiveness model and shall submit a report to the
544	appropriate substantive and fiscal committees of each house of
545	the Legislature by December 31 of each year.
546	(b)(c)  Based on reports of the department on client
547	outcomes and program outputs and on the department's most recent
548	program accountability measures analysis cost-effectiveness
549	rankings, the department may terminate its contract with or
550	discontinue a commitment program operated by the department or a
551	provider if the program has failed to achieve a minimum
552	threshold of recidivism and program accountability program
553	effectiveness. This paragraph does not preclude the department
554	from terminating a contract as provided under this section or as
555	otherwise provided by law or contract, and does not limit the
556	department's authority to enter into or terminate a contract.
557	(c)(d)  The department shall notify the Office of Program
558	Policy Analysis and Government Accountability and each contract
559	service provider of substantive changes to the program
560	accountability measures analysis. In collaboration with the
561	Office of Economic and Demographic Research, and contract
562	service providers, the department shall develop a work plan to
563	refine the cost-effectiveness model so that the model is
564	consistent with the performance-based program budgeting measures
565	approved by the Legislature to the extent the department deems
566	appropriate. The department shall notify the Office of Program
567	Policy Analysis and Government Accountability of any meetings to
568	refine the model.
569	(d)(e)  Contingent upon specific appropriation, the
570	department, in consultation with the Office of Economic and
571	Demographic Research, and contract service providers, shall:
572	1.  Construct a profile of each commitment program which
573	that uses the results of the quality assurance report required
574	by this section, the program accountability measure analysis
575	cost-effectiveness report required in this subsection, and other
576	reports available to the department.
577	2.  Target, for a more comprehensive evaluation, any
578	commitment program that has achieved consistently high, low, or
579	disparate ratings in the reports required under subparagraph 1.
580	3.  Identify the essential factors that contribute to the
581	high, low, or disparate program ratings.
582	4.  Use the results of these evaluations in developing or
583	refining juvenile justice programs or program models, youth
584	client outcomes and program outputs, provider contracts, quality
585	assurance standards, and the program accountability measure
586	analysis cost-effectiveness model.
587	(5)  QUALITY ASSURANCE.-The department shall:
588	(a)  Establish a comprehensive quality assurance system for
589	each program operated by the department or operated by a
590	provider under contract with the department. Each contract
591	entered into by the department must provide for quality
592	assurance and include the results in the comprehensive
593	accountability report.
594	(b)  Provide operational definitions of and criteria for
595	quality assurance for each specific program component.
596	(c)  Establish quality assurance goals and objectives for
597	each specific program component.
598	(d)  Establish the information and specific data elements
599	required for the quality assurance program.
600	(e)  Develop a quality assurance manual of specific,
601	standardized terminology and procedures to be followed by each
602	program.
603	(f)  Evaluate each program operated by the department or a
604	provider under a contract with the department and establish
605	minimum thresholds for each program component. If a provider
606	fails to meet the established minimum thresholds, such failure
607	shall cause the department to cancel the provider's contract
608	unless the provider achieves compliance with minimum thresholds
609	within 6 months or unless there are documented extenuating
610	circumstances. In addition, the department may not contract with
611	the same provider for the canceled service for a period of 12
612	months. If a department-operated program fails to meet the
613	established minimum thresholds, the department must take
614	necessary and sufficient steps to ensure and document program
615	changes to achieve compliance with the established minimum
616	thresholds. If the department-operated program fails to achieve
617	compliance with the established minimum thresholds within 6
618	months and if there are no documented extenuating circumstances,
619	the department must notify the Executive Office of the Governor
620	and the Legislature of the corrective action taken. Appropriate
621	corrective action may include, but is not limited to:
622	1.  Contracting out for the services provided in the
623	program;
624	2.  Initiating appropriate disciplinary action against all
625	employees whose conduct or performance is deemed to have
626	materially contributed to the program's failure to meet
627	established minimum thresholds;
628	3.  Redesigning the program; or
629	4.  Realigning the program.
630
631	The department shall submit an annual report to the President of
632	the Senate, the Speaker of the House of Representatives, the
633	Minority Leader of each house of the Legislature, the
634	appropriate substantive and fiscal committees of each house of
635	the Legislature, and the Governor, no later than February 1 of
636	each year. The annual report must contain, at a minimum, for
637	each specific program component: a comprehensive description of
638	the population served by the program; a specific description of
639	the services provided by the program; cost; a comparison of
640	expenditures to federal and state funding; immediate and long-
641	range concerns; and recommendations to maintain, expand,
642	improve, modify, or eliminate each program component so that
643	changes in services lead to enhancement in program quality. The
644	department shall ensure the reliability and validity of the
645	information contained in the report.
646	(6)  The department shall collect and analyze available
647	statistical data for the purpose of ongoing evaluation of all
648	programs. The department shall provide the Legislature with
649	necessary information and reports to enable the Legislature to
650	make informed decisions regarding the effectiveness of, and any
651	needed changes in, services, programs, policies, and laws.
652	Section 12.  For the purpose of incorporating the amendment
653	made by this act to section 984.14, Florida Statutes, in a
654	reference thereto, subsection (3) of section 984.13, Florida
655	Statutes, is reenacted to read:
656	984.13  Taking into custody a child alleged to be from a
657	family in need of services or to be a child in need of
658	services.-
659	(3)  If the child is taken into custody by, or is delivered
660	to, the department, the appropriate representative of the
661	department shall review the facts and make such further inquiry
662	as necessary to determine whether the child shall remain in
663	custody or be released. Unless shelter is required as provided
664	in s. 984.14(1), the department shall:
665	(a)  Release the child to his or her parent, guardian, or
666	legal custodian, to a responsible adult relative, to a
667	responsible adult approved by the department, or to a
668	department-approved family-in-need-of-services and child-in-
669	need-of-services provider; or
670	(b)  Authorize temporary services and treatment that would
671	allow the child alleged to be from a family in need of services
672	to remain at home.
673	Section 13.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.