Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1344
Ì772728FÎ772728
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2025 .
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The Appropriations Committee on Criminal and Civil Justice
(Simon) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 490 - 2674
4 and insert:
5 or court-ordered supervision by the Department of Children and
6 Families under chapter 39 for an adjudication of dependency or
7 delinquency. The child must also, pursuant to this chapter, be
8 found by the court:
9 (a) To have persistently run away from the child’s parents,
10 or legal guardians, or custodians despite reasonable efforts of
11 the child, the parents, or legal guardians, or custodians, and
12 appropriate agencies to remedy the conditions contributing to
13 the behavior. Reasonable efforts shall include voluntary
14 participation by the child’s parents or legal guardian, or
15 custodians and the child in family mediation, voluntary
16 services, and treatment offered by the department or through its
17 authorized agent of Juvenile Justice or the Department of
18 Children and Families;
19 (b) To be a habitual habitually truant from school, while
20 subject to compulsory school attendance, despite reasonable
21 efforts to remedy the situation pursuant to ss. 1003.26 and
22 1003.27 and through voluntary participation by the child’s
23 parents or legal custodians and by the child in family
24 mediation, services, and treatment offered by the department or
25 its authorized agent of Juvenile Justice or the Department of
26 Children and Families; or
27 (c) To be ungovernable by having have persistently
28 disobeyed the reasonable and lawful rules and demands of the
29 child’s parents, or legal guardians, or custodians, and to be
30 beyond their control despite the child having the mental and
31 physical capacity to understand and obey lawful rules and
32 demands, and despite efforts by the child’s parents, or legal
33 guardians, or custodians and appropriate agencies to remedy the
34 conditions contributing to the behavior. Reasonable efforts may
35 include such things as good faith participation in voluntary
36 family services or individual services counseling.
37 (10) “Child support” means a court-ordered obligation,
38 enforced under chapter 61 and ss. 409.2551-409.2597, for
39 monetary support for the care, maintenance, training, and
40 education of a child.
41 (11) “Child who has been found to have committed a
42 delinquent act” means a child who, pursuant to the provisions of
43 chapter 985, is found by a court to have committed a violation
44 of law or to be in direct or indirect contempt of court, except
45 that this definition shall not include an act constituting
46 contempt of court arising out of a dependency proceeding or a
47 proceeding pursuant to this chapter.
48 (12) “Child who is found to be dependent” or “dependent
49 child” means a child who, pursuant to this chapter, is found by
50 the court:
51 (a) To have been abandoned, abused, or neglected by the
52 child’s parents or other custodians.
53 (b) To have been surrendered to the former Department of
54 Health and Rehabilitative Services, the Department of Children
55 and Families, or a licensed child-placing agency for purpose of
56 adoption.
57 (c) To have been voluntarily placed with a licensed child
58 caring agency, a licensed child-placing agency, an adult
59 relative, the former Department of Health and Rehabilitative
60 Services, or the Department of Children and Families, after
61 which placement, under the requirements of this chapter, a case
62 plan has expired and the parent or parents have failed to
63 substantially comply with the requirements of the plan.
64 (d) To have been voluntarily placed with a licensed child
65 placing agency for the purposes of subsequent adoption and a
66 natural parent or parents signed a consent pursuant to the
67 Florida Rules of Juvenile Procedure.
68 (e) To have no parent, legal custodian, or responsible
69 adult relative to provide supervision and care.
70 (f) To be at substantial risk of imminent abuse or neglect
71 by the parent or parents or the custodian.
72 (8)(13) “Circuit” means any of the 20 judicial circuits as
73 set forth in s. 26.021.
74 (14) “Comprehensive assessment” or “assessment” means the
75 gathering of information for the evaluation of a juvenile
76 offender’s or a child’s physical, psychological, educational,
77 vocational, and social condition and family environment as they
78 relate to the child’s need for rehabilitative and treatment
79 services, including substance abuse treatment services, mental
80 health services, developmental services, literacy services,
81 medical services, family services, and other specialized
82 services, as appropriate.
83 (9)(15) “Court,” unless otherwise expressly stated, means
84 the circuit court assigned to exercise jurisdiction under this
85 chapter.
86 (10) “Custodian” means any adult person who is exercising
87 actual physical custody of the child and is providing food,
88 clothing, and care for the child in the absence of a parent or
89 legal guardian.
90 (16) “Delinquency program” means any intake, community
91 control, or similar program; regional detention center or
92 facility; or community-based program, whether owned and operated
93 by or contracted by the Department of Juvenile Justice, or
94 institution owned and operated by or contracted by the
95 Department of Juvenile Justice, which provides intake,
96 supervision, or custody and care of children who are alleged to
97 be or who have been found to be delinquent pursuant to chapter
98 985.
99 (11)(17) “Department” means the Department of Juvenile
100 Justice.
101 (18) “Detention care” means the temporary care of a child
102 in secure, nonsecure, or home detention, pending a court
103 adjudication or disposition or execution of a court order. There
104 are three types of detention care, as follows:
105 (a) “Secure detention” means temporary custody of the child
106 while the child is under the physical restriction of a detention
107 center or facility pending adjudication, disposition, or
108 placement.
109 (b) “Nonsecure detention” means temporary custody of the
110 child while the child is in a residential home in the community
111 in a physically nonrestrictive environment under the supervision
112 of the Department of Juvenile Justice pending adjudication,
113 disposition, or placement.
114 (c) “Home detention” means temporary custody of the child
115 while the child is released to the custody of the parent,
116 guardian, or custodian in a physically nonrestrictive
117 environment under the supervision of the Department of Juvenile
118 Justice staff pending adjudication, disposition, or placement.
119 (19) “Detention center or facility” means a facility used
120 pending court adjudication or disposition or execution of court
121 order for the temporary care of a child alleged or found to have
122 committed a violation of law. A detention center or facility may
123 provide secure or nonsecure custody. A facility used for the
124 commitment of adjudicated delinquents shall not be considered a
125 detention center or facility.
126 (20) “Detention hearing” means a hearing for the court to
127 determine if a child should be placed in temporary custody, as
128 provided for under s. 39.402, in dependency cases.
129 (21) “Diligent efforts of social service agency” means
130 reasonable efforts to provide social services or reunification
131 services made by any social service agency as defined in this
132 section that is a party to a case plan.
133 (22) “Diligent search” means the efforts of a social
134 service agency to locate a parent or prospective parent whose
135 identity or location is unknown, or a relative made known to the
136 social services agency by the parent or custodian of a child.
137 When the search is for a parent, prospective parent, or relative
138 of a child in the custody of the department, this search must be
139 initiated as soon as the agency is made aware of the existence
140 of such parent, prospective parent, or relative. A diligent
141 search shall include interviews with persons who are likely to
142 have information about the identity or location of the person
143 being sought, comprehensive database searches, and records
144 searches, including searches of employment, residence,
145 utilities, Armed Forces, vehicle registration, child support
146 enforcement, law enforcement, and corrections records, and any
147 other records likely to result in identifying and locating the
148 person being sought. The initial diligent search must be
149 completed within 90 days after a child is taken into custody.
150 After the completion of the initial diligent search, the
151 department, unless excused by the court, shall have a continuing
152 duty to search for relatives with whom it may be appropriate to
153 place the child, until such relatives are found or until the
154 child is placed for adoption.
155 (12)(23) “Disposition hearing” means a hearing in which the
156 court determines the most appropriate dispositional services in
157 the least restrictive available setting provided for under s.
158 984.20(3), in child in need of services child-in-need-of
159 services cases.
160 (13) “Early truancy intervention” means action taken by a
161 school or school district pursuant to s. 1003.26 to identify a
162 pattern of nonattendance by a student subject to compulsory
163 school attendance at the earliest opportunity to address the
164 reasons for the student’s nonattendance, and includes services
165 provided by the school or school district, or the department or
166 its authorized agent pursuant to s. 984.11, and may include
167 judicial action pursuant to s. 984.151 or s. 1003.27.
168 (14)(24) “Family” means a collective body of persons,
169 consisting of a child and a parent, legal guardian, adult
170 custodian, or adult relative, in which:
171 (a) The persons reside in the same house or living unit; or
172 (b) The parent, legal guardian, adult custodian, or adult
173 relative has a legal responsibility by blood, marriage, or court
174 order to support or care for the child.
175 (15)(25) “Family in need of services” means a family that
176 has a child who is running away; who is ungovernable and
177 persistently disobeying reasonable and lawful demands of the
178 parent or legal custodian and is beyond the control of the
179 parent or legal custodian; or who is a habitual habitually
180 truant from school or engaging in other serious behaviors that
181 place the child at risk of future abuse, neglect, or abandonment
182 or at risk of entering the juvenile justice system. The child
183 must be referred to a law enforcement agency, the department of
184 Juvenile Justice, or an agency contracted to provide services to
185 children in need of services. A family is not eligible to
186 receive voluntary family services if, at the time of the
187 referral, there is an open investigation into an allegation of
188 abuse, neglect, or abandonment or if the child is currently
189 under court-ordered supervision by the department for
190 delinquency under chapter 985 or under court-ordered supervision
191 by of Juvenile Justice or the Department of Children and
192 Families under chapter 39 due to an adjudication of dependency
193 or delinquency.
194 (26) “Foster care” means care provided a child in a foster
195 family or boarding home, group home, agency boarding home, child
196 care institution, or any combination thereof.
197 (16)(27) “Habitual Habitually truant” has the same meaning
198 as in s. 1003.01(12). means that:
199 (a) The child has 15 unexcused absences within 90 calendar
200 days with or without the knowledge or justifiable consent of the
201 child’s parent or legal guardian, is subject to compulsory
202 school attendance under s. 1003.21(1) and (2)(a), and is not
203 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
204 specified by law or the rules of the State Board of Education.
205 (b) Activities to determine the cause, and to attempt the
206 remediation, of the child’s truant behavior under ss. 1003.26
207 and 1003.27(3), have been completed.
208
209 If a child who is subject to compulsory school attendance is
210 responsive to the interventions described in ss. 1003.26 and
211 1003.27(3) and has completed the necessary requirements to pass
212 the current grade as indicated in the district pupil progression
213 plan, the child shall not be determined to be habitually truant
214 and shall be passed. If a child within the compulsory school
215 attendance age has 15 unexcused absences within 90 calendar days
216 or fails to enroll in school, the State Attorney may, or the
217 appropriate jurisdictional agency shall, file a child-in-need
218 of-services petition if recommended by the case staffing
219 committee, unless it is determined that another alternative
220 action is preferable. The failure or refusal of the parent or
221 legal guardian or the child to participate, or make a good faith
222 effort to participate, in the activities prescribed to remedy
223 the truant behavior, or the failure or refusal of the child to
224 return to school after participation in activities required by
225 this subsection, or the failure of the child to stop the truant
226 behavior after the school administration and the Department of
227 Juvenile Justice have worked with the child as described in ss.
228 1003.26 and 1003.27(3) shall be handled as prescribed in s.
229 1003.27.
230 (17)(28) “Intake” means the initial acceptance and
231 screening by the department or its authorized agent of a
232 referral from an early truancy intervention court, a school
233 board, or a school requesting services; a request for assistance
234 from a parent or child; or a complaint, of Juvenile Justice of a
235 complaint or a law enforcement report, or probable cause
236 affidavit of a child’s truancy, ungovernable behavior, or
237 running away, on behalf of a family delinquency, family in need
238 of services, or child in need of services to determine the most
239 appropriate course of action recommendation to be taken in the
240 best interests of the child, the family, and the community. The
241 emphasis of intake is on diversion and the least restrictive
242 available services. Consequently, intake includes such
243 alternatives as:
244 (a) The disposition of the request for services, complaint,
245 report, or probable cause affidavit without court or public
246 agency action or judicial handling when appropriate.
247 (b) The referral of the child to another public or private
248 agency when appropriate.
249 (c) The recommendation by the assigned intake case manager
250 juvenile probation officer of judicial handling when appropriate
251 and warranted.
252 (18)(29) “Judge” means the circuit judge exercising
253 jurisdiction pursuant to this chapter.
254 (30) “Juvenile justice continuum” includes, but is not
255 limited to, delinquency prevention programs and services
256 designed for the purpose of preventing or reducing delinquent
257 acts, including criminal activity by criminal gangs and juvenile
258 arrests, as well as programs and services targeted at children
259 who have committed delinquent acts, and children who have
260 previously been committed to residential treatment programs for
261 delinquents. The term includes children-in-need-of-services and
262 families-in-need-of-services programs; conditional release;
263 substance abuse and mental health programs; educational and
264 vocational programs; recreational programs; community services
265 programs; community service work programs; and alternative
266 dispute resolution programs serving children at risk of
267 delinquency and their families, whether offered or delivered by
268 state or local governmental entities, public or private for
269 profit or not-for-profit organizations, or religious or
270 charitable organizations.
271 (31) “Juvenile probation officer” means the authorized
272 agent of the department who performs and directs intake,
273 assessment, probation, or conditional release, and other related
274 services.
275 (19)(32) “Legal custody” means a legal status created by
276 court order or letter of guardianship which vests in a custodian
277 of the person or guardian, whether an agency or an individual,
278 the right to have physical custody of the child and the right
279 and duty to protect, train, and discipline the child and to
280 provide him or her with food, shelter, education, and ordinary
281 medical, dental, psychiatric, and psychological care.
282 (20)(33) “Licensed child-caring agency” means an agency
283 licensed by the Department of Children and Families pursuant to
284 s. 409.175 a person, society, association, or agency licensed by
285 the Department of Children and Families to care for, receive,
286 and board children.
287 (21)(34) “Licensed health care professional” means a
288 physician licensed under chapter 458, an osteopathic physician
289 licensed under chapter 459, a nurse licensed under part I of
290 chapter 464, a physician assistant licensed under chapter 458 or
291 chapter 459, or a dentist licensed under chapter 466.
292 (35) “Mediation” means a process whereby a neutral third
293 person called a mediator acts to encourage and facilitate the
294 resolution of a dispute between two or more parties. It is an
295 informal and nonadversarial process with the objective of
296 helping the disputing parties reach a mutually acceptable and
297 voluntary agreement. In mediation, decisionmaking authority
298 rests with the parties. The role of the mediator includes, but
299 is not limited to, assisting the parties in identifying issues,
300 fostering joint problem solving, and exploring settlement
301 alternatives.
302 (22)(36) “Necessary medical treatment” means care that is
303 necessary within a reasonable degree of medical certainty to
304 prevent the deterioration of a child’s condition or to alleviate
305 immediate pain of a child.
306 (23) “Needs assessment” means the gathering of information
307 for the evaluation of a child’s physical, psychological,
308 educational, vocational, and social condition and family
309 environment related to the child’s need for services, including
310 substance abuse treatment services, mental health services,
311 developmental services, literacy services, medical services,
312 family services, individual and family counseling, education
313 services, and other specialized services, as appropriate.
314 (24)(37) “Neglect” has the same meaning as in s. 39.01(53).
315 occurs when the parent or legal custodian of a child or, in the
316 absence of a parent or legal custodian, the person primarily
317 responsible for the child’s welfare deprives a child of, or
318 allows a child to be deprived of, necessary food, clothing,
319 shelter, or medical treatment or permits a child to live in an
320 environment when such deprivation or environment causes the
321 child’s physical, mental, or emotional health to be
322 significantly impaired or to be in danger of being significantly
323 impaired. The foregoing circumstances shall not be considered
324 neglect if caused primarily by financial inability unless actual
325 services for relief have been offered to and rejected by such
326 person. A parent or guardian legitimately practicing religious
327 beliefs in accordance with a recognized church or religious
328 organization who thereby does not provide specific medical
329 treatment for a child shall not, for that reason alone, be
330 considered a negligent parent or guardian; however, such an
331 exception does not preclude a court from ordering the following
332 services to be provided, when the health of the child so
333 requires:
334 (a) Medical services from a licensed physician, dentist,
335 optometrist, podiatric physician, or other qualified health care
336 provider; or
337 (b) Treatment by a duly accredited practitioner who relies
338 solely on spiritual means for healing in accordance with the
339 tenets and practices of a well-recognized church or religious
340 organization.
341 (38) “Next of kin” means an adult relative of a child who
342 is the child’s brother, sister, grandparent, aunt, uncle, or
343 first cousin.
344 (25)(39) “Parent” means a woman who gives birth to a child
345 and a man whose consent to the adoption of the child would be
346 required under s. 63.062(1). If a child has been legally
347 adopted, the term “parent” means the adoptive mother or father
348 of the child. The term does not include an individual whose
349 parental relationship to the child has been legally terminated,
350 or an alleged or prospective parent, unless the parental status
351 falls within the terms of either s. 39.503(1) or s. 63.062(1).
352 (26)(40) “Participant,” for purposes of a shelter
353 proceeding under this chapter, means any person who is not a
354 party but who should receive notice of hearings involving the
355 child, including foster parents, identified prospective parents,
356 grandparents entitled to priority for adoption consideration
357 under s. 63.0425, actual custodians of the child, and any other
358 person whose participation may be in the best interest of the
359 child. Participants may be granted leave by the court to be
360 heard without the necessity of filing a motion to intervene.
361 (27)(41) “Party,” for purposes of a shelter proceeding
362 under this chapter, means the parent, legal guardian, or actual
363 custodian of the child, the petitioner, the department, the
364 guardian ad litem when one has been appointed, and the child.
365 The presence of the child may be excused by order of the court
366 when presence would not be in the child’s best interest or the
367 child has failed to appear for a proceeding after having been
368 noticed. Notice to the child may be excused by order of the
369 court when the age, capacity, or other condition of the child is
370 such that the notice would be meaningless or detrimental to the
371 child.
372 (28) “Physically secure shelter” means a department
373 approved locked facility or locked unit within a facility for
374 the care of a child adjudicated a child in need of services who
375 is court ordered to be held pursuant to s. 984.226. A physically
376 secure shelter unit shall provide 24-hour, continuous
377 supervision. A physically secure shelter must be licensed by the
378 Department of Children and Families as a licensed child-caring
379 agency.
380 (42) “Preliminary screening” means the gathering of
381 preliminary information to be used in determining a child’s need
382 for further evaluation or assessment or for referral for other
383 substance abuse services through means such as psychosocial
384 interviews; urine and breathalyzer screenings; and reviews of
385 available educational, delinquency, and dependency records of
386 the child.
387 (29)(43) “Preventive services” means social services and
388 other supportive and evaluation and intervention rehabilitative
389 services provided to the child or the parent, of the child, the
390 legal guardian of the child, or the custodian of the child and
391 to the child for the purpose of averting the removal of the
392 child from the home or disruption of a family which will or
393 could result in an adjudication that orders the placement of a
394 child under dependency supervision into foster care or into the
395 delinquency system or that will or could result in the child
396 living on the street. Social services and other supportive and
397 rehabilitative services may include the provision of assessment
398 and screening services; individual, group, or family counseling;
399 specialized educational and vocational services; temporary
400 voluntary shelter for the child; outreach services for children
401 living on the street; independent living services to assist
402 adolescents in achieving a successful transition to adulthood;
403 and other specialized services.
404 (44) “Protective supervision” means a legal status in
405 child-in-need-of-services cases or family-in-need-of-services
406 cases which permits the child to remain in his or her own home
407 or other placement under the supervision of an agent of the
408 Department of Juvenile Justice or the Department of Children and
409 Families, subject to being returned to the court during the
410 period of supervision.
411 (30)(45) “Relative” means a grandparent, great-grandparent,
412 sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
413 niece, or nephew, whether related by the whole or half blood, by
414 affinity, or by adoption. The term does not include a
415 stepparent.
416 (31)(46) “Reunification services” means social services and
417 other supportive and rehabilitative services provided to the
418 child and the parent of the child, the legal guardian of the
419 child, or the custodian of the child, whichever is applicable,;
420 the child; and, where appropriate, the foster parents of the
421 child for the purpose of assisting enabling a child who has been
422 placed in temporary shelter care to return to his or her family
423 at the most appropriate and effective earliest possible time
424 based on the presenting concerns at intake. Social services and
425 other supportive and rehabilitative services shall be consistent
426 with the child’s need for a safe, continuous, and stable living
427 environment and shall promote the strengthening of family life
428 whenever possible.
429 (32)(47) “Secure detention center or facility” means a
430 physically restricting facility for the temporary care of
431 children, pending adjudication, disposition, or placement under
432 chapter 985.
433 (33)(48) “Shelter” means a department-approved shelter
434 facility for the temporary care of runaway children; children
435 placed for voluntary shelter respite upon request of the child
436 or the child’s parent, legal guardian, or custodian; or for
437 placement of a child who has been adjudicated a child in need of
438 services or who has been found in contempt of court under s.
439 984.09. Shelters must provide 24-hour continual supervision. A
440 shelter must be licensed by the Department of Children and
441 Families as a licensed child-caring agency a place for the
442 temporary care of a child who is alleged to be or who has been
443 found to be dependent, a child from a family in need of
444 services, or a child in need of services, pending court
445 disposition before or after adjudication or after execution of a
446 court order. “Shelter” may include a facility which provides 24
447 hour continual supervision for the temporary care of a child who
448 is placed pursuant to s. 984.14.
449 (49) “Shelter hearing” means a hearing provided for under
450 s. 984.14 in family-in-need-of-services cases or child-in-need
451 of-services cases.
452 (50) “Staff-secure shelter” means a facility in which a
453 child is supervised 24 hours a day by staff members who are
454 awake while on duty. The facility is for the temporary care and
455 assessment of a child who has been found to be dependent, who
456 has violated a court order and been found in contempt of court,
457 or whom the Department of Children and Families is unable to
458 properly assess or place for assistance within the continuum of
459 services provided for dependent children.
460 (34)(51) “Substance abuse” means using, without medical
461 reason, any psychoactive or mood-altering drug, including
462 alcohol, in such a manner as to induce impairment resulting in
463 dysfunctional social behavior.
464 (35)(52) “Taken into custody” means the status of a child
465 immediately when temporary physical control over the child is
466 attained by a person authorized by law, pending the child’s
467 release, shelter detention, placement, or other disposition as
468 authorized by law.
469 (36)(53) “Temporary legal custody” means the relationship
470 that a juvenile court creates between a child and an adult
471 relative of the child, adult nonrelative approved by the court,
472 or other person until a more permanent arrangement is ordered.
473 Temporary legal custody confers upon the custodian the right to
474 have temporary physical custody of the child and the right and
475 duty to protect, train, and discipline the child and to provide
476 the child with food, shelter, and education, and ordinary
477 medical, dental, psychiatric, and psychological care, unless
478 these rights and duties are otherwise enlarged or limited by the
479 court order establishing the temporary legal custody
480 relationship.
481 (37)(54) “Truancy petition” means a petition filed by the
482 superintendent of schools under s. 984.151 for the purpose of
483 early truancy intervention alleging that a student subject to
484 compulsory school attendance has had at least five unexcused
485 absences, or absences for which the reasons are unknown, within
486 a calendar month or 10 unexcused absences, or absences for which
487 the reasons are unknown, within a 90-calendar-day period, or has
488 had more than 15 unexcused absences in a 90-calendar-day period.
489 A truancy petition is filed and processed under s. 984.151.
490 (38) “Truant status offender” means a child subject to the
491 jurisdiction of the court under s. 984.151 who has been found by
492 the court to be truant while subject to compulsory education.
493 The court’s jurisdiction is limited to entering orders to
494 require the child to attend school and participate in services
495 to encourage regular school attendance. A truant status offender
496 is not a delinquent child and may not be deemed to have
497 committed a criminal or delinquent act solely due to failure to
498 attend school.
499 (39)(55) “Violation of law” or “delinquent act” means a
500 violation of any law of this state, the United States, or any
501 other state which is a misdemeanor or a felony or a violation of
502 a county or municipal ordinance which would be punishable by
503 incarceration if the violation were committed by an adult.
504 (40) “Voluntary family services” means voluntary services
505 provided by the department or an agency designated by the
506 department to a family that has a child who is running away; who
507 is ungovernable by persistently disobeying reasonable and lawful
508 demands of the parent, legal guardian, or custodian and is
509 beyond the control of the parent, legal guardian, or custodian;
510 or who is a habitual truant or engaging in other serious
511 behaviors that place the child at risk of future abuse, neglect,
512 abandonment, or entering the juvenile justice system. The child
513 must be referred to the Department of Juvenile Justice or an
514 agency designated by the department to provide voluntary
515 services to families and children.
516 Section 5. Section 984.04, Florida Statutes, is amended to
517 read:
518 984.04 Early truancy intervention; families in need of
519 services and children in need of services; procedures and
520 jurisdiction.—
521 (1) It is the intent of the Legislature to address the
522 problems of families in need of services by providing them with
523 an array of services designed to preserve the unity and
524 integrity of the family and to emphasize parental responsibility
525 for the behavior of their children. Services to families in need
526 of services and children in need of services shall be provided
527 on a continuum of increasing intensity and participation by the
528 parent and child. Judicial intervention to resolve the problems
529 and conflicts that exist within a family shall be limited to
530 situations in which a resolution to the problem or conflict has
531 not been achieved through service, treatment, and family
532 intervention after all available less restrictive resources have
533 been exhausted. In creating this chapter, the Legislature
534 recognizes the need to distinguish the problems of truants,
535 runaways, and children beyond the control of their parents, and
536 the services provided to these children, from the problems and
537 services designed to meet the needs of abandoned, abused,
538 neglected, and delinquent children. In achieving this
539 recognition, it shall be the policy of the state to develop
540 short-term, temporary services and programs utilizing the least
541 restrictive method for families in need of services and children
542 in need of services.
543 (1)(2) The department of Juvenile Justice shall be
544 responsible for all nonjudicial proceedings involving voluntary
545 a family in need of services for a family identified as a family
546 in need of services.
547 (3) All nonjudicial procedures in family-in-need-of
548 services cases shall be according to rules established by the
549 department of Juvenile Justice under chapter 120.
550 (2)(4) The circuit court shall have exclusive original
551 jurisdiction of judicial proceedings involving early truancy
552 intervention. When the jurisdiction of any child found to be
553 truant under s. 984.151 is obtained, the court may retain
554 jurisdiction for up to 180 days. The court must terminate
555 supervision and relinquish jurisdiction if the child has
556 substantially complied with the requirements of early truancy
557 intervention, is no longer subject to compulsory education, or
558 is adjudicated a child in need of services under s. 984.21
559 continued placement of a child from a family in need of services
560 in shelter.
561 (3)(5) The circuit court shall have exclusive original
562 jurisdiction of proceedings in which a child is alleged to be a
563 child in need of services. When the jurisdiction of any child
564 who has been found to be a child in need of services or the
565 parent, custodian, or legal guardian of such a child is
566 obtained, the court shall retain jurisdiction, unless
567 relinquished by its order or unless the department withdraws its
568 petition because the child no longer meets the definition of a
569 child in need of services as defined in s. 984.03, until the
570 child reaches 18 years of age. This subsection does shall not be
571 construed to prevent the exercise of jurisdiction by any other
572 court having jurisdiction of the child if the child commits a
573 violation of law, is the subject of the dependency provisions
574 under this chapter, or is the subject of a pending investigation
575 into an allegation or suspicion of abuse, neglect, or
576 abandonment.
577 (4) Jurisdiction of the circuit court shall attach to the
578 case and parties to proceedings filed under s. 984.15 or under
579 s. 984.151 when the summons is served upon the child and a
580 parent, legal guardian, or custodian, or when the parties
581 personally appear before the court.
582 (5)(6) All procedures, including petitions, pleadings,
583 subpoenas, summonses, and hearings, in proceedings under this
584 chapter family-in-need-of-services cases and child-in-need-of
585 services cases shall be according to the Florida Rules of
586 Juvenile Procedure unless otherwise provided by law.
587 (7) The department may contract with a provider to provide
588 services and programs for families in need of services and
589 children in need of services.
590 Section 6. Subsections (2) and (4) of section 984.06,
591 Florida Statutes, are amended to read:
592 984.06 Oaths, records, and confidential information.—
593 (2) The court shall make and keep records of all cases
594 brought before it pursuant to this chapter and shall preserve
595 the records pertaining to a child in need of services until 10
596 years after the last entry was made or until the child is 18
597 years of age, whichever date is first reached, and may then
598 destroy them. The court shall make official records, consisting
599 of all petitions and orders filed in a case arising pursuant to
600 this chapter and any other pleadings, certificates, proofs of
601 publication, summonses, warrants, and other writs which are
602 filed in the case.
603 (4) Except as provided in subsection (3), all information
604 obtained pursuant to this chapter in the discharge of official
605 duty by any judge, employee of the court, authorized agent of
606 the department, school employee, district superintendent, school
607 board employee, or law enforcement agent is confidential and may
608 not be disclosed to anyone other than the authorized personnel
609 of the court, the department and its designees, school or school
610 board personnel, law enforcement agencies, and others entitled
611 under this chapter to receive that information, except upon
612 order of the court.
613 Section 7. Section 984.07, Florida Statutes, is amended to
614 read:
615 984.07 Right to counsel; waiver; appointed counsel;
616 compensation.—
617 (1) When a petition is filed alleging that a child is a
618 child in need of services or if the child is subject to contempt
619 proceedings under s. 984.09, the child must be represented by
620 counsel at each court appearance. The court must appoint counsel
621 unless the child is not indigent and has counsel present to
622 represent the child or the record in that proceeding
623 affirmatively demonstrates by clear and convincing evidence that
624 the child knowingly and intelligently waived the right to
625 counsel after being fully advised by the court of the nature of
626 the proceedings and the dispositional alternatives available to
627 the court. If the child waives counsel at any proceeding, the
628 court shall advise the child with respect to the right to
629 counsel at every subsequent hearing.
630 (2) A child in proceedings under s. 984.151 may have
631 counsel appointed by the court if the court determines it is in
632 the best interest of the child.
633 (3) If the court appoints counsel for a child, and if the
634 child and his or her parents or legal guardians are indigent and
635 unable to employ counsel, the court must appoint an attorney to
636 represent the child under s. 27.511. Determination of indigence
637 and costs of representation shall be as provided by s. 57.082.
638 Legal counsel representing a child who exercises the right to
639 counsel may provide advice and counsel to the child at any time
640 after appointment.
641 (4) If the parents or legal guardians of an indigent child
642 are not indigent but refuse to employ counsel, the court shall
643 appoint counsel pursuant to s. 27.511 to represent the child
644 until counsel is provided. Costs of representation must be
645 imposed as provided by s. 57.082. Thereafter, the court may not
646 appoint counsel for an indigent child with nonindigent parents
647 or legal guardian but shall order the parents or legal guardian
648 to obtain private counsel.
649 (a) A parent or legal guardian of an indigent child who has
650 been ordered to obtain private counsel for the child and who
651 willfully fails to follow the court order shall be punished by
652 the court in civil contempt proceedings.
653 (b) An indigent child may have counsel appointed pursuant
654 to ss. 27.511 and 57.082 if the parents or legal guardian have
655 willfully refused to obey the court order to obtain counsel for
656 the child and have been punished by civil contempt. Costs of
657 representation must be imposed as provided by s. 57.082.
658 (5) If the court makes a finding that nonindigent parents
659 have made a good faith effort to participate in services and
660 remediate the child’s behavior, but despite their good faith
661 efforts, the child’s truancy, ungovernable behavior, or runaway
662 behavior has persisted, the court may appoint counsel to
663 represent the child as provided in s. 27.511.
664 (6) If counsel is entitled to receive compensation for
665 representation pursuant to court appointment in a child in need
666 of services proceeding, such compensation may not exceed $1,000
667 at the trial level and $2,500 at the appellate level.
668 (7) This section does not preclude the court from
669 requesting reimbursement of attorney fees and costs from the
670 nonindigent parent or legal guardian.
671 (8) The court may appoint an attorney to represent a parent
672 or legal guardian under this chapter only upon a finding that
673 the parent or legal guardian is indigent pursuant to s. 57.082.
674 If an attorney is appointed, the parent or legal guardian shall
675 be enrolled in a payment plan pursuant to s. 28.246 If counsel
676 is entitled to receive compensation for representation pursuant
677 to court appointment in a child-in-need-of-services proceeding,
678 such compensation shall not exceed $1,000 at the trial level and
679 $2,500 at the appellate level.
680 Section 8. Subsection (1) of section 984.071, Florida
681 Statutes, is amended, and subsection (3) is added to that
682 section, to read:
683 984.071 Resources and information.—
684 (1) The department of Juvenile Justice, in collaboration
685 with the Department of Children and Families and the Department
686 of Education, shall develop and publish an information guide
687 packet that explains the current process under this chapter for
688 obtaining assistance for a child in need of services or a family
689 in need of services and the community services and resources
690 available to parents of troubled or runaway children. The
691 information guide shall be published in a written format for
692 distribution and shall also be published on the department’s
693 website. In preparing the information packet, the Department of
694 Juvenile Justice shall work with school district
695 superintendents, juvenile court judges, county sheriffs, and
696 other local law enforcement officials in order to ensure that
697 the information packet lists services and resources that are
698 currently available within the county in which the packet is
699 distributed. Each information guide packet shall be reviewed
700 annually and updated as appropriate. The school district shall
701 distribute this information guide packet to parents of truant
702 children, and to other parents upon request or as deemed
703 appropriate by the school district. In addition, the department
704 of Juvenile Justice shall distribute the information guide
705 packet to state and local law enforcement agencies. Any law
706 enforcement officer who has contact with the parent of a child
707 who is locked out of the home, who is ungovernable, or who runs
708 away from home shall make the information guide available to the
709 parent.
710 (3) The Department of Education and the Department of
711 Children and Families must each post the department’s
712 information guide on their respective websites.
713 Section 9. Sections 984.08 and 984.085, Florida Statutes,
714 are repealed.
715 Section 10. Section 984.0861, Florida Statutes, is created
716 to read:
717 984.0861 Prohibited use of detention.—A child under the
718 jurisdiction of the court solely pursuant to this chapter may
719 not be placed in:
720 (1) Any form of detention care intended for the use of
721 alleged juvenile delinquents as authorized under chapter 985 for
722 any purpose.
723 (2) A secure detention facility authorized for use under
724 chapter 985 for any purpose.
725 (3) Any jail or other similar facility used for the purpose
726 of detention or confinement of adults for any purpose.
727 Section 11. Section 984.09, Florida Statutes, is amended to
728 read:
729 984.09 Punishment for contempt of court; alternative
730 sanctions.—
731 (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may
732 punish any child for contempt for interfering with the court or
733 with court administration, or for violating any provision of
734 this chapter or order of the court relative thereto. It is the
735 intent of the Legislature that the court restrict and limit the
736 use of contempt powers and prohibit the use of detention care
737 and secure detention facilities as provided in s. 984.0861 with
738 respect to commitment of a child to a secure facility. A child
739 who commits direct contempt of court or indirect contempt of a
740 valid court order may be taken into custody and ordered to serve
741 an alternative sanction or placed in a shelter secure facility,
742 as authorized in this section, by order of the court.
743 (2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child
744 adjudicated as a child in need of services may only be placed in
745 a shelter secure facility for purposes of punishment for
746 contempt of court if alternative sanctions are unavailable or
747 inappropriate, or if the child has already been ordered to serve
748 an alternative sanction but failed to comply with the sanction.
749 (a) A delinquent child who has been held in direct or
750 indirect contempt may be placed in a secure detention facility
751 for 5 days for a first offense or 15 days for a second or
752 subsequent offense, or in a secure residential commitment
753 facility.
754 (a)(b) A child in need of services who has been held in
755 direct contempt or indirect contempt may be placed, for 5 days
756 for a first offense or 15 days for a second or subsequent
757 offense, in a staff-secure shelter operated by or contracted
758 with the department to provide such services or a staff-secure
759 residential facility solely for children in need of services if
760 such placement is available, or, if such placement is not
761 available, the child may be placed in an appropriate mental
762 health facility or substance abuse facility for assessment. In
763 addition to disposition under this paragraph, a child in need of
764 services who is held in direct contempt or indirect contempt may
765 be placed in a physically secure shelter setting as provided
766 under s. 984.226 if conditions of eligibility are met.
767 (b) A child subject to proceedings under s. 984.151 who has
768 been held in direct contempt or indirect contempt may only be
769 placed, for 5 days for a first offense or 15 days for a second
770 or subsequent offense, in a shelter operated by or contracted
771 with the department for such services if a shelter bed is
772 available. Upon a second or subsequent finding of contempt under
773 this section, the court must refer the child to the case
774 staffing committee with a recommendation to file a child in need
775 of services petition.
776 (c) Any shelter placement ordered under this section must
777 be given as a cumulative sanction. Separate sanctions for the
778 same act or series of acts within the same episode may not be
779 imposed.
780 (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
781 an alternative sanctions coordinator who shall serve under the
782 chief administrative judge of the juvenile division of the
783 circuit court, and who shall coordinate and maintain a spectrum
784 of contempt sanction alternatives in conjunction with the
785 circuit plan implemented in accordance with s. 790.22(4)(c).
786 Upon determining that a child has committed direct contempt of
787 court or indirect contempt of a valid court order, the court may
788 immediately request the circuit alternative sanctions
789 coordinator to recommend the most appropriate available
790 alternative sanction and shall order the child to perform up to
791 50 hours of community-service manual labor or a similar
792 alternative sanction, unless an alternative sanction is
793 unavailable or inappropriate, or unless the child has failed to
794 comply with a prior alternative sanction. Alternative contempt
795 sanctions may be provided by local industry or by any nonprofit
796 organization or any public or private business or service entity
797 that has entered into a contract with the department of Juvenile
798 Justice to act as an agent of the state to provide voluntary
799 supervision of children on behalf of the state in exchange for
800 the manual labor of children and limited immunity in accordance
801 with s. 768.28(11).
802 (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
803 PROCESS.—
804 (a) If a child subject to proceedings under this chapter is
805 charged with direct contempt of court, including traffic court,
806 the court may impose an authorized sanction immediately.
807 (b) If a child subject to proceedings under this chapter is
808 charged with indirect contempt of court, the court must issue an
809 order to show cause and schedule hold a hearing within 24 hours
810 to determine whether the child committed indirect contempt of a
811 valid court order. The child must be served with the order to
812 show cause and notice of hearing. At the hearing, the following
813 due process rights must be provided to the child:
814 1. Right to a copy of the order to show cause alleging
815 facts supporting the contempt charge.
816 2. Right to an explanation of the nature and the
817 consequences of the proceedings.
818 3. Right to legal counsel and the right to have legal
819 counsel appointed by the court if the juvenile is indigent,
820 pursuant to s. 984.07 s. 985.033.
821 4. Right to confront witnesses.
822 5. Right to present witnesses.
823 6. Right to have a transcript or record of the proceeding.
824 7. Right to appeal to an appropriate court.
825
826 The child’s parent, legal or guardian, or custodian may address
827 the court regarding the due process rights of the child. If
828 after the hearing, the court determines the child has committed
829 indirect contempt of a valid court order, the court may impose
830 an alternative sanction or may proceed under subsection (2). If
831 the court orders shelter placement of a child found in contempt
832 of court, the court shall review the matter placement of the
833 child every 72 hours to determine whether it is appropriate for
834 the child to remain in the facility.
835 (c) The court may not order that a child be placed in a
836 shelter secure facility for punishment for contempt unless the
837 court determines that an alternative sanction is inappropriate
838 or unavailable or that the child was initially ordered to an
839 alternative sanction and did not comply with the alternative
840 sanction. The court is encouraged to order a child to perform
841 community service, up to the maximum number of hours, where
842 appropriate before ordering that the child be placed in a
843 shelter secure facility as punishment for contempt of court.
844 (d) In addition to any other sanction imposed under this
845 section, the court may direct the Department of Highway Safety
846 and Motor Vehicles to withhold issuance of, or suspend, a
847 child’s driver license or driving privilege. The court may order
848 that a child’s driver license or driving privilege be withheld
849 or suspended for up to 1 year for a first offense of contempt
850 and up to 2 years for a second or subsequent offense. If the
851 child’s driver license or driving privilege is suspended or
852 revoked for any reason at the time the sanction for contempt is
853 imposed, the court shall extend the period of suspension or
854 revocation by the additional period ordered under this
855 paragraph. If the child’s driver license is being withheld at
856 the time the sanction for contempt is imposed, the period of
857 suspension or revocation ordered under this paragraph shall
858 begin on the date on which the child is otherwise eligible to
859 drive. For a child in need of services whose driver license or
860 driving privilege is suspended under this paragraph, the court
861 may direct the Department of Highway Safety and Motor Vehicles
862 to issue the child a license for driving privileges restricted
863 to business or employment purposes only, as defined in s.
864 322.271, or for the purpose of completing court-ordered
865 community service, if the child is otherwise qualified for a
866 license. However, the department may not issue a restricted
867 license unless specifically ordered to do so by the court.
868 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
869 position of alternative sanctions coordinator within each
870 judicial circuit, pursuant to subsection (3). Each alternative
871 sanctions coordinator shall serve under the direction of the
872 chief administrative judge of the juvenile division as directed
873 by the chief judge of the circuit. The alternative sanctions
874 coordinator shall act as the liaison between the judiciary,
875 local department officials, district school board employees, and
876 local law enforcement agencies. The alternative sanctions
877 coordinator shall coordinate within the circuit community-based
878 alternative sanctions, including nonsecure detention programs,
879 community service projects, and other juvenile sanctions, in
880 conjunction with the circuit plan implemented in accordance with
881 s. 790.22(4)(c).
882 Section 12. Section 984.10, Florida Statutes, is amended to
883 read:
884 984.10 Intake.—
885 (1) Intake shall be performed by the department or the
886 department’s authorized agent. A report or complaint alleging
887 that a child is from a family in need of services shall be made
888 to the intake office operating in the county in which the child
889 is found or in which the case arose. Any person or agency,
890 including, but not limited to, the parent, or legal guardian, or
891 custodian, the local school district, a law enforcement agency,
892 or the Department of Children and Families, having knowledge of
893 the facts may make a report or complaint.
894 (2) A representative of the department shall make a
895 preliminary determination as to whether the report or complaint
896 is complete. The criteria for the completeness of a report or
897 complaint with respect to a child alleged to be from a family in
898 need of services while subject to compulsory school attendance
899 shall be governed by s. 984.03 s. 984.03(27). In any case in
900 which the representative of the department finds that the report
901 or complaint is incomplete, the representative of the department
902 shall return the report or complaint without delay to the person
903 or agency originating the report or complaint or having
904 knowledge of the facts or to the appropriate law enforcement
905 agency having investigative jurisdiction and request additional
906 information in order to complete the report or complaint.
907 (3) If the representative of the department determines that
908 in his or her judgment the interests of the family, the child,
909 and the public will be best served by providing the family and
910 child services and treatment voluntarily accepted by the child
911 and the parents, or legal guardians, or custodians, the
912 department’s departmental representative may refer the family or
913 child to an appropriate service and treatment provider. As part
914 of the intake procedure, the department’s departmental
915 representative shall inform the parent, or legal custodian
916 guardian, or custodian, in writing, of the services currently
917 and treatment available to the child and family by department
918 providers and other or community agencies in the county in which
919 the family is located, and the rights and responsibilities of
920 the parent, or legal guardian, or custodian under this chapter.
921 Upon admission, and depending on services, a staff member may be
922 assigned to the family as deemed appropriate.
923 (4) If the department reasonably believes has reasonable
924 grounds to believe that the child has been abandoned, abused, or
925 neglected, it shall proceed pursuant to the provisions of
926 chapter 39 and report immediately to the central abuse hotline.
927 Section 13. Section 984.11, Florida Statutes, is amended to
928 read:
929 984.11 Services to families in need of services.—
930 (1) The department or its authorized agent shall provide an
931 array of voluntary family services aimed at remediating school
932 truancy, homelessness, and runaway and ungovernable behavior by
933 children. Services and treatment to families in need of services
934 shall be by voluntary agreement of the parent, or legal
935 guardian, or custodian and the child or as directed by a court
936 order pursuant to s. 984.22.
937 (2) A family is not eligible to receive voluntary family
938 services, if, at the time of the referral, the child is under
939 court-ordered supervision by the department for delinquency
940 under chapter 985 or court-ordered supervision by the Department
941 of Children and Families under chapter 39. A child who has
942 received a prearrest delinquency citation, or is receiving
943 delinquency diversion services, may receive voluntary family
944 services.
945 (3) If there is a pending investigation into an allegation
946 of abuse, neglect or abandonment, the child may be eligible for
947 voluntary family services if the Department of Children and
948 Families agrees to the provision of services and makes a
949 referral. An interagency agreement between the department and
950 the Department of Children and Families shall govern this
951 referral process, which is contingent on available funding. The
952 department must notify the Department of Children and Families
953 if a referral is declined.
954 (4)(2) These services may include, but need not be limited
955 to:
956 (a) Homemaker or Parent aide services.
957 (b) Intensive crisis counseling.
958 (c) Parent training.
959 (d) Individual, group, or family counseling.
960 (e) Referral to community mental health services.
961 (f) Prevention and diversion services.
962 (g) Services provided by voluntary or community agencies.
963 (h) Runaway center services.
964 (i) Runaway shelter Housekeeper services.
965 (j) Referral for special educational, tutorial, or remedial
966 services.
967 (k) Referral to vocational, career development job
968 training, or employment services.
969 (l) Recreational services.
970 (m) Assessment.
971 (n) Case management.
972 (o) Referral for or provision of substance abuse assessment
973 or treatment.
974 (5)(3) The department shall advise the parents, or legal
975 guardian, or custodian that they are responsible for
976 contributing to the cost of the child or family services and
977 treatment to the extent of their ability to pay. The parent is
978 responsible for using health care insurance to the extent it is
979 available for the provision of health services The department
980 shall set and charge fees for services and treatment provided to
981 clients. The department may employ a collection agency for the
982 purpose of receiving, collecting, and managing the payment of
983 unpaid and delinquent fees. The collection agency must be
984 registered and in good standing under chapter 559. The
985 department may pay to the collection agency a fee from the
986 amount collected under the claim or may authorize the agency to
987 deduct the fee from the amount collected.
988 (4) The department may file a petition with the circuit
989 court to enforce the collection of fees for services and
990 treatment rendered to the child or the parent and other legal
991 custodians.
992 Section 14. Section 984.12, Florida Statutes, is amended to
993 read:
994 984.12 Case staffing; services and treatment related to a
995 family in need of services.—
996 (1) The appropriate representative of the department shall
997 request a meeting of the family and child with a case staffing
998 committee to review the case of any family or child who the
999 department determines is in need of services or treatment if:
1000 (a) The family or child is not in agreement with the
1001 services or treatment offered;
1002 (b) The family or child will not participate in the
1003 services or treatment selected; or
1004 (c) The representative of the department needs assistance
1005 in developing an appropriate plan for services. The time and
1006 place selected for the meeting shall be convenient for the child
1007 and family.
1008 (2) The composition of the case staffing committee shall be
1009 based on the needs of the family and child. It shall include a
1010 representative from the child’s school district and a
1011 representative of the department of Juvenile Justice, and may
1012 include the department’s authorized agent and a supervisor of
1013 the department’s contracted provider; a representative from the
1014 area of health, mental health, substance abuse, or social, or
1015 educational services; a representative of the state attorney; a
1016 representative of law enforcement the alternative sanctions
1017 coordinator; and any person recommended by the child, family, or
1018 department. The child and the child’s parent, legal guardian, or
1019 custodian must be invited to attend the committee meeting.
1020 (3) The case staffing committee shall:
1021 (a) Identify the family’s concerns and contributing
1022 factors.
1023 (b) Request the family and child to identify their needs
1024 and concerns.
1025 (c) Seek input from the school district and any other
1026 persons in attendance with knowledge of the family or child’s
1027 situation and concerns.
1028 (d) Consider the voluntary family services or other
1029 community services that have been offered and the results of
1030 those services.
1031 (e) Identify whether truancy is a concern and evaluate
1032 compliance with the remedial strategies provided pursuant to s.
1033 1003.26.
1034 (f) Reach a timely decision to provide the child or family
1035 with needed services and recommend any appropriate and treatment
1036 through the development of a plan for services.
1037 (4) The plan for services shall contain the following:
1038 (a) Statement of the concerns problems.
1039 (b) Needs of the child.
1040 (c) Needs of the parents, legal guardian, or legal
1041 custodian.
1042 (d) Measurable objectives that address the identified
1043 problems and needs.
1044 (e) Services and treatment to be provided, to include:
1045 1. Type of services or treatment.
1046 2. Frequency of services or treatment.
1047 3. Location.
1048 4. Accountable service providers or staff.
1049 (f) Timeframes for achieving objectives.
1050 (5) Upon receipt of the plan, the child and family shall
1051 acknowledge their position by accepting or rejecting the
1052 services and provisions in writing. If the plan is accepted, it
1053 shall be implemented as soon as is practicable.
1054 (6) The assigned case manager shall have responsibility A
1055 case manager shall be designated by the case staffing committee
1056 to be responsible for implementing the plan. The department’s
1057 authorized agent case manager shall periodically review the
1058 progress towards achieving the objectives of the plan in order
1059 to:
1060 (a) Advise the case staffing committee of the need to make
1061 adjustments to the plan; or
1062 (b) Recommend a child in need of services petition be filed
1063 by the department; or
1064 (c)(b) Terminate the case as indicated by successful or
1065 substantial achievement of the objectives of the plan.
1066 (7) The parent, legal guardian, or legal custodian may
1067 convene a meeting of the case staffing committee, and any other
1068 member of the committee may convene a meeting if the member
1069 finds that doing so is in the best interest of the family or
1070 child. A case staffing committee meeting requested by a parent,
1071 guardian, or legal custodian must be convened within 7 days,
1072 excluding weekends and legal holidays, after the date the
1073 department’s representative receives the request in writing.
1074 (8) Any other member of the committee may convene a meeting
1075 if voluntary family services have been offered and the services
1076 have been rejected by the child or family, or the child has not
1077 made measurable progress toward achieving the service plan
1078 goals, and the member finds that doing so is in the best
1079 interest of the family or child.
1080 (9) A case staffing committee meeting must be convened
1081 within 30 days after the date the case is referred by the court
1082 pursuant to s. 984.151.
1083 (10)(8) Within 7 days after meeting, the case staffing
1084 committee shall provide the parent, legal guardian, or legal
1085 custodian with a written report that details the reasons for the
1086 committee’s decision to recommend, or decline to recommend, that
1087 the department file a petition alleging that the child is a
1088 child in need of services.
1089 (11) The case staffing committee may reconvene from time to
1090 time as may be necessary to make adjustments to the plan.
1091 Section 15. Section 984.13, Florida Statutes, is amended to
1092 read:
1093 984.13 Taking a child into custody a child alleged to be
1094 from a family in need of services or to be a child in need of
1095 services.—
1096 (1) A child may be taken into custody:
1097 (a) By a law enforcement officer when the officer
1098 reasonably believes has reasonable grounds to believe that the
1099 child has run away from his or her parents, legal guardian, or
1100 other legal custodian.
1101 (b) By a designated school representative pursuant to s.
1102 1003.26(3) or a law enforcement officer when the officer
1103 reasonably believes has reasonable grounds to believe that the
1104 child is absent from school without authorization or is
1105 suspended or expelled and is not in the presence of his or her
1106 parent, or legal guardian, or custodian, for the purpose of
1107 delivering the child without unreasonable delay to the
1108 appropriate school system site. For the purpose of this
1109 paragraph, “school system site” includes, but is not limited to,
1110 a center approved by the superintendent of schools for the
1111 purpose of counseling students and referring them back to the
1112 school system or an approved alternative to a suspension or
1113 expulsion program. If a student is suspended or expelled from
1114 school without assignment to an alternative school placement,
1115 the law enforcement officer or designated school representative
1116 pursuant to s. 1003.26(3) shall deliver the child to the parent,
1117 or legal guardian, or custodian, to a location determined by the
1118 parent, legal or guardian, or custodian, or to a designated
1119 truancy interdiction site until the parent or guardian can be
1120 located.
1121 (c) Pursuant to an order of the circuit court based upon
1122 sworn testimony before or after a child in need of services
1123 petition is filed under s. 984.15.
1124 (d) Pursuant to an order of the circuit court based upon a
1125 finding of contempt under this chapter for the purpose of
1126 delivering the child to a designated shelter facility.
1127 (e)(d) By a law enforcement officer when the child
1128 voluntarily agrees to or requests services pursuant to this
1129 chapter or placement in a shelter.
1130 (2) The person taking the child into custody shall:
1131 (a) Release the child to a parent, legal guardian, legal
1132 custodian, or responsible adult relative and make a full written
1133 report to the department’s authorized agent for families in need
1134 of services within 3 days after release or to a department
1135 approved family-in-need-of-services and child-in-need-of
1136 services provider if the person taking the child into custody
1137 reasonably believes has reasonable grounds to believe the child
1138 has run away from a parent, legal guardian, or legal custodian;
1139 is truant; or is ungovernable and beyond the control of the
1140 parent, guardian, or legal custodian; following such release,
1141 the person taking the child into custody shall make a full
1142 written report to the intake office of the department within 3
1143 days; or
1144 (b) Deliver the child to a shelter when: the department,
1145 stating the facts by reason of which the child was taken into
1146 custody and sufficient information to establish probable cause
1147 that the child is from a family in need of services.
1148 1. The parent, legal guardian, or custodian is unavailable
1149 to take immediate custody of the child;
1150 2. The child requested voluntary family services and
1151 shelter placement;
1152 3. A court order under this chapter for shelter placement
1153 has been issued; or
1154 4. The child and the parent, legal guardian, or custodian
1155 voluntarily agree the child is in need of temporary shelter
1156 placement and such placement is necessary to provide a safe
1157 place for the child to remain until the parents and child can
1158 agree on conditions for the child’s safe return home.
1159 (c) Deliver the child to a hospital for necessary
1160 evaluation and treatment if the child is reasonably believed to
1161 be suffering from a serious physical condition which requires
1162 either prompt diagnosis or treatment.
1163 (d) Deliver the child to a designated public receiving
1164 facility as defined in s. 394.455 for examination under s.
1165 394.463 if the child is reasonably believed to be mentally ill,
1166 including immediate threat of suicide as provided in s.
1167 394.463(1).
1168 (e) Deliver the child to a hospital, addictions receiving
1169 facility, or treatment resource if the child is reasonably
1170 believed to be intoxicated and has threatened, attempted, or
1171 inflicted physical harm on himself or herself or another, or is
1172 incapacitated by substance abuse.
1173 (3) If the child is taken into custody and by, or is
1174 delivered to a shelter, the department, the department’s
1175 authorized agent appropriate representative of the department
1176 shall review the facts and make such further inquiry as
1177 necessary to determine whether the child shall remain in
1178 shelter, receive voluntary family services that would allow the
1179 child alleged to be from a family in need of services to remain
1180 at home, custody or be released. Unless shelter is required as
1181 provided in s. 984.14(1), the department shall:
1182 (a) Release the child to his or her parent, guardian, or
1183 legal custodian, to a responsible adult relative, to a
1184 responsible adult approved by the department, or to a
1185 department-approved family-in-need-of-services and child-in
1186 need-of-services provider; or
1187 (b) Authorize temporary services and treatment that would
1188 allow the child alleged to be from a family in need of services
1189 to remain at home.
1190 Section 16. Section 984.14, Florida Statutes, is amended to
1191 read:
1192 984.14 Voluntary shelter services placement; hearing.—
1193 (1) Temporary voluntary shelter services provided by the
1194 department shall provide a safe environment with 24-hour care
1195 and supervision, referrals for services as needed, and education
1196 at the center or offsite and counseling services for children.
1197 Unless ordered by the court pursuant to the provisions of this
1198 chapter, or upon voluntary consent to placement by the child and
1199 the child’s parent, legal guardian, or custodian, a child taken
1200 into custody shall not be placed in a shelter prior to a court
1201 hearing unless a determination has been made that the provision
1202 of appropriate and available services will not eliminate the
1203 need for placement and that such placement is required:
1204 (a) To provide an opportunity for the child and family to
1205 agree upon conditions for the child’s return home, when
1206 immediate placement in the home would result in a substantial
1207 likelihood that the child and family would not reach an
1208 agreement; or
1209 (b) Because a parent, custodian, or guardian is unavailable
1210 to take immediate custody of the child.
1211 (2) If a child is sheltered due to being a runaway, or a
1212 parent, legal guardian, or custodian is unavailable, the shelter
1213 shall immediately attempt to make contact with the parent, legal
1214 guardian, or custodian to advise the family of the child’s
1215 whereabouts, determine whether the child can safely return home,
1216 or determine whether the family is seeking temporary voluntary
1217 shelter services until they can arrange to take the child home.
1218 If the parent, legal guardian, or custodian cannot be located
1219 within 24 hours, the Department of Children and Families shall
1220 be contacted to assume custody of the child If the department
1221 determines that placement in a shelter is necessary according to
1222 the provisions of subsection (1), the departmental
1223 representative shall authorize placement of the child in a
1224 shelter provided by the community specifically for runaways and
1225 troubled youth who are children in need of services or members
1226 of families in need of services and shall immediately notify the
1227 parents or legal custodians that the child was taken into
1228 custody.
1229 (3) A child who is involuntarily placed in a shelter shall
1230 be given a shelter hearing within 24 hours after being taken
1231 into custody to determine whether shelter placement is required.
1232 The shelter petition filed with the court shall address each
1233 condition required to be determined in subsection (1).
1234 (4) A child may not be held involuntarily in a shelter
1235 longer than 24 hours unless an order so directing is made by the
1236 court after a shelter hearing finding that placement in a
1237 shelter is necessary based on the criteria in subsection (1) and
1238 that the department has made reasonable efforts to prevent or
1239 eliminate the need for removal of the child from the home.
1240 (5) Except as provided under s. 984.225, a child in need of
1241 services or a child from a family in need of services may not be
1242 placed in a shelter for longer than 35 days.
1243 (6) When any child is placed in a shelter pursuant to court
1244 order following a shelter hearing, the court shall order the
1245 natural or adoptive parents of such child, the natural father of
1246 such child born out of wedlock who has acknowledged his
1247 paternity in writing before the court, or the guardian of such
1248 child’s estate, if possessed of assets which under law may be
1249 disbursed for the care, support, and maintenance of the child,
1250 to pay, to the department, fees as established by the
1251 department. When the order affects the guardianship estate, a
1252 certified copy of the order shall be delivered to the judge
1253 having jurisdiction of the guardianship estate.
1254 (7) A child who is adjudicated a child in need of services
1255 or alleged to be from a family in need of services or a child in
1256 need of services may not be placed in a secure detention
1257 facility or jail or any other commitment program for delinquent
1258 children under any circumstances.
1259 (8) The court may order the placement of a child in need of
1260 services into a staff-secure facility for no longer than 5 days
1261 for the purpose of evaluation and assessment.
1262 Section 17. Section 984.15, Florida Statutes, is amended to
1263 read:
1264 984.15 Petition for a child in need of services.—
1265 (1) All proceedings seeking an adjudication that a child is
1266 a child in need of services shall be initiated by the filing of
1267 a petition by an attorney representing the department or by the
1268 child’s parent, legal guardian, or legal custodian. If a child
1269 in need of services has been placed in a shelter pursuant to s.
1270 984.14, the department shall file the petition immediately,
1271 including in the petition notice of arraignment pursuant to s.
1272 984.20.
1273 (2)(a) The department shall file a petition for a child in
1274 need of services if the child meets the definition of a child in
1275 need of services, and the case manager or staffing committee
1276 recommends requests that a petition be filed and:
1277 1. The family and child have in good faith, but
1278 unsuccessfully, used the services and process described in ss.
1279 984.11 and 984.12; or
1280 2. The family or child have refused all services described
1281 in ss. 984.11 and 984.12 after reasonable efforts by the
1282 department to involve the family and child in voluntary family
1283 services and treatment.
1284 (b) Once the requirements in paragraph (a) have been met,
1285 the department shall file a petition for a child in need of
1286 services as soon as practicable within 45 days.
1287 (c) The petition shall be in writing, shall state the
1288 specific grounds under s. 984.03(9) by which the child is
1289 designated a child in need of services, and shall certify that
1290 the conditions prescribed in paragraph (a) have been met. The
1291 petition shall be signed by the petitioner under oath stating
1292 good faith in filing the petition and shall be signed by an
1293 attorney for the department.
1294 (3)(a) The parent, legal guardian, or legal custodian may
1295 file a petition alleging that a child is a child in need of
1296 services if:
1297 1. The department waives the requirement for a case
1298 staffing committee.
1299 2. The department fails to convene a meeting of the case
1300 staffing committee within 7 days, excluding weekends and legal
1301 holidays, after receiving a written request for such a meeting
1302 from the child’s parent, legal guardian, or legal custodian.
1303 3. The parent, legal guardian, or legal custodian does not
1304 agree with the plan for services offered by the case staffing
1305 committee.
1306 4. The department fails to provide a written report within
1307 7 days after the case staffing committee meets, as required
1308 under s. 984.12(10) s. 984.12(8).
1309 (b) The parent, legal guardian, or legal custodian must
1310 give the department prior written notice of intent to file the
1311 petition. If, at the arraignment hearing, the court finds that
1312 such written notice of intent to file the petition was not
1313 provided to the department, the court shall dismiss the
1314 petition, postpone the hearing until such written notice is
1315 given, or, if the department agrees, proceed with the
1316 arraignment hearing. The petition must be served on the
1317 department’s office of general counsel.
1318 (c) The petition must be in writing and must set forth
1319 specific facts alleging that the child is a child in need of
1320 services as defined in s. 984.03(9). The petition must also
1321 demonstrate that the parent, legal guardian, or legal custodian
1322 has in good faith, but unsuccessfully, participated in the
1323 services and processes described in ss. 984.11 and 984.12.
1324 (4)(d) The petition must be signed by the petitioner under
1325 oath.
1326 (5)(e) The court, on its own motion or the motion of any
1327 party or the department, shall determine the legal sufficiency
1328 of a petition filed under this subsection and may dismiss any
1329 petition that lacks sufficient grounds. In addition, the court
1330 shall verify that the child is not:
1331 (a)1. The subject of a pending investigation into an
1332 allegation or suspicion of abuse, neglect, or abandonment;
1333 (b)2. The subject of a pending petition referral alleging
1334 that the child is delinquent; or
1335 (c)3. Under the current supervision of the department or
1336 the Department of Children and Families for an adjudication or
1337 withholding of adjudication of delinquency or dependency.
1338 (6)(4) The form of the petition and any additional contents
1339 shall be determined by rules of procedure adopted by the Supreme
1340 Court.
1341 (7)(5) The petitioner department or the parent, guardian,
1342 or legal custodian may withdraw a petition at any time before
1343 prior to the child is being adjudicated a child in need of
1344 services.
1345 Section 18. Section 984.151, Florida Statutes, is amended
1346 to read:
1347 984.151 Early truancy intervention; truancy petition;
1348 judgment prosecution; disposition.—
1349 (1) If the school determines that a student subject to
1350 compulsory school attendance has had at least five unexcused
1351 absences, or absences for which the reasons are unknown, within
1352 a calendar month or 10 unexcused absences, or absences for which
1353 the reasons are unknown, within a 90-calendar-day period
1354 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
1355 absences in a 90-calendar-day period, the superintendent of
1356 schools or his or her designee may file a truancy petition
1357 seeking early truancy intervention.
1358 (2) The petition shall be filed in the circuit in which the
1359 student is enrolled in school.
1360 (3) Original jurisdiction to hear a truancy petition shall
1361 be in the circuit court; however, the circuit court may use a
1362 general or special magistrate master pursuant to Supreme Court
1363 rules. Upon the filing of the petition, the clerk shall issue a
1364 summons to the parent, legal guardian, or legal custodian of the
1365 student, directing that person and the student to appear for a
1366 hearing at a time and place specified.
1367 (4) The petition must contain the following: the name, age,
1368 and address of the student; the name and address of the
1369 student’s parent or guardian; the school where the student is
1370 enrolled; the efforts the school has made to get the student to
1371 attend school in compliance with s. 1003.26; the number of out
1372 of-school contacts between the school system and student’s
1373 parent or guardian; and the number of days and dates of days the
1374 student has missed school. The petition shall be sworn to by the
1375 superintendent or his or her designee.
1376 (5) Once the petition is filed, the court shall hear the
1377 petition within 30 days.
1378 (6) The student and the student’s parent or guardian shall
1379 attend the hearing.
1380 (7) If the court determines that the student did miss any
1381 of the alleged days, the court shall enter an order finding the
1382 child to be a truant status offender and the court shall order
1383 the student to attend school and order the parent, legal
1384 guardian, or custodian to ensure that the student attends
1385 school. The court’s power under this subsection is limited to
1386 entering orders to require the student to attend school and
1387 require the student and family to participate in services to
1388 encourage regular school attendance. The court, and may order
1389 any of the following services:
1390 (a) The student to participate in alternative sanctions to
1391 include mandatory attendance at alternative classes; to be
1392 followed by mandatory community services hours for a period up
1393 to 6 months; the student and
1394 (b) The student’s parent, legal or guardian, or custodian
1395 to participate in parenting classes homemaker or parent aide
1396 services;
1397 (c) The student or the student’s parent, legal or guardian
1398 or custodian to participate in individual, group, or family
1399 intensive crisis counseling;
1400 (d) The student or the student’s parent, legal or guardian
1401 or custodian to participate in community mental health services
1402 or substance abuse treatment services if available and
1403 applicable;
1404 (e) The student and the student’s parent, legal or
1405 guardian, or custodian to participate in services service
1406 provided by state or community voluntary or community agencies,
1407 if appropriate as available, including services for families in
1408 need of services as provided in s. 984.11;
1409 (f) The student and the student’s parent, legal guardian,
1410 or custodian to attend meetings with school officials to address
1411 the child’s educational needs, classroom assignment, class
1412 schedule, and other barriers to school attendance identified by
1413 the child’s school, the child or his or her family;
1414 (g) The student and the student’s parent, legal guardian,
1415 or custodian to engage in learning activities provided by the
1416 school board as to why education is important and the potential
1417 impact on the child’s future employment and education options if
1418 the attendance problem persists; or
1419 (h) and The student or the student’s parent, legal or
1420 guardian, or custodian to participate in vocational or, job
1421 training, or employment services.
1422 (8) If the student does not substantially comply with
1423 compulsory school attendance and court-ordered services required
1424 under successfully complete the sanctions ordered in subsection
1425 (7), and the child meets the definition of a child in need of
1426 services, the case shall be referred by the court to the
1427 department’s authorized agent for review by the case staffing
1428 committee under s. 984.12 with a recommendation to file a
1429 petition for child in need of services child-in-need-of-services
1430 petition under s. 984.15. The court shall review the case not
1431 less than every 45 days to determine whether the child is in
1432 substantial compliance with compulsory education or if the case
1433 should be referred to the case staffing committee in accord with
1434 this subsection.
1435 (9) If the student substantially complies with compulsory
1436 school attendance the court shall close the truancy case.
1437 (10) If the child is adjudicated a child in need of
1438 services pursuant to s. 984.21, the truancy case shall be closed
1439 and jurisdiction relinquished in accordance with s. 984.04.
1440 (11) The court may retain jurisdiction of any case in which
1441 the child is noncompliant with compulsory education and the
1442 child does not meet the definition of a child in need of
1443 services under this chapter until jurisdiction lapses pursuant
1444 to s. 984.04.
1445 (12) The court may not order a child placed in shelter
1446 pursuant to this section unless the court has found the child to
1447 be in contempt for violation of a court order under s. 984.09.
1448 (13)(9) The parent, legal guardian, or legal custodian and
1449 the student shall participate, as required by court order, in
1450 any sanctions or services required by the court under this
1451 section, and the court shall enforce such participation through
1452 its contempt power.
1453 (14) Any truant student that meets the definition of a
1454 child in need of services and who has been found in contempt for
1455 violation of a court order under s. 984.09 two or more times
1456 shall be referred to the case staffing committee under s. 984.12
1457 with a recommendation to file a petition for a child in need of
1458 services.
1459 (15) The clerk of court must serve any court order
1460 referring the case to voluntary family services or the case
1461 staffing committee to the department’s office of general counsel
1462 and to the department’s authorized agent.
1463 Section 19. Subsections (3) and (5) of section 984.16,
1464 Florida Statutes, are amended, and subsection (11) is added to
1465 that section, to read:
1466 984.16 Process and service for child in need of services
1467 petitions.—
1468 (3) The summons shall require the person on whom it is
1469 served to appear for a hearing at a time, and place, and manner
1470 specified. Except in cases of medical emergency, the time shall
1471 not be less than 24 hours after service of the summons. The
1472 summons must may require the custodian to bring the child to
1473 court if the court determines that the child’s presence is
1474 necessary. A copy of the petition shall be attached to the
1475 summons.
1476 (5) The jurisdiction of the court shall attach to the child
1477 and the parent, legal guardian, or custodian, or legal guardian
1478 of the child and the case when the summons is served upon the
1479 child or a parent, or legal guardian, or actual custodian of the
1480 child; or when the child is taken into custody with or without
1481 service of summons and after filing of a petition for a child in
1482 need of services; or when a party personally appears before the
1483 court whichever occurs first, and thereafter the court may
1484 control the child and case in accordance with this chapter.
1485 (11) If a court takes action that directly involves a
1486 student’s school, including, but not limited to, an order that a
1487 student attend school, attend school with his or her parent,
1488 requiring the parent to participate in meetings, including
1489 parent-teacher conferences, Section 504 plan meetings or
1490 individualized education plan meetings to address the student’s
1491 disability, the office of the clerk of the court shall provide
1492 notice to the school of the court’s order.
1493 Section 20. Section 984.17, Florida Statutes, is amended to
1494 read:
1495 984.17 Response to petition and representation of parties.—
1496 (1) At the time a child in need of services petition is
1497 filed, the court may appoint a guardian ad litem for the child.
1498 (2) No answer to the petition or any other pleading need be
1499 filed by any child, parent, or legal guardian, or custodian, but
1500 any matters which might be set forth in an answer or other
1501 pleading may be pleaded orally before the court or filed in
1502 writing as any such person may choose. Notwithstanding the
1503 filing of an answer or any pleading, the child and or parent,
1504 legal guardian, or custodian shall, before prior to an
1505 adjudicatory hearing, be advised by the court of the right to
1506 counsel.
1507 (3) When a petition for a child in need of services has
1508 been filed and the parents, legal guardian, or legal custodian
1509 of the child and the child have advised the department that the
1510 truth of the allegations is acknowledged and that no contest is
1511 to be made of the adjudication, the attorney representing the
1512 department may set the case before the court for a disposition
1513 hearing. If there is a change in the plea at this hearing, the
1514 court shall continue the hearing to permit the attorney
1515 representing the department to prepare and present the case.
1516 (4) An attorney representing the department shall represent
1517 the state in any proceeding in which the petition alleges that a
1518 child is a child in need of services and in which a party denies
1519 the allegations of the petition and contests the adjudication.
1520 Section 21. Section 984.18, Florida Statutes, is repealed.
1521 Section 22. Section 984.19, Florida Statutes, is amended to
1522 read:
1523 984.19 Medical screening and treatment of child;
1524 examination of parent, legal guardian, or person requesting
1525 custody.—
1526 (1) When any child is to be placed in shelter care, the
1527 department or its authorized agent may is authorized to have a
1528 medical screening provided for performed on the child without
1529 authorization from the court and without consent from a parent,
1530 legal or guardian, or custodian. Such medical screening shall be
1531 provided performed by a licensed health care professional and
1532 shall be to screen examine the child for injury, illness, and
1533 communicable diseases. In no case does this subsection authorize
1534 the department to consent to medical treatment for such
1535 children.
1536 (2) When the department has performed the medical screening
1537 authorized by subsection (1) or when it is otherwise determined
1538 by a licensed health care professional that a child is in need
1539 of medical treatment, consent for medical treatment shall be
1540 obtained in the following manner:
1541 (a)1. Consent to medical treatment shall be obtained from a
1542 parent, legal or guardian, or custodian of the child; or
1543 2. A court order for such treatment shall be obtained.
1544 (b) If a parent, legal or guardian, or custodian of the
1545 child is unavailable and his or her whereabouts cannot be
1546 reasonably ascertained, and it is after normal working hours so
1547 that a court order cannot reasonably be obtained, an authorized
1548 agent of the department or its provider has the authority to
1549 consent to necessary medical treatment for the child. The
1550 authority of the department to consent to medical treatment in
1551 this circumstance is limited to the time reasonably necessary to
1552 obtain court authorization.
1553 (c) If a parent, legal or guardian, or custodian of the
1554 child is available but refuses to consent to the necessary
1555 treatment, a court order is required, unless the situation meets
1556 the definition of an emergency in s. 743.064 or the treatment
1557 needed is related to suspected abuse or neglect of the child by
1558 the parent or guardian. In such case, the department’s
1559 authorized agent may department has the authority to consent to
1560 necessary medical treatment. This authority is limited to the
1561 time reasonably necessary to obtain court authorization.
1562
1563 In no case may the department consent to sterilization,
1564 abortion, or termination of life support.
1565 (3) A judge may order that a child alleged to be or
1566 adjudicated a child in need of services be examined by a
1567 licensed health care professional. The judge may also order such
1568 child to be evaluated by a psychiatrist or a psychologist, by a
1569 district school board educational needs assessment team, or, if
1570 a developmental disability is suspected or alleged, by the
1571 developmental disability diagnostic and evaluation team of the
1572 Department of Children and Families or Agency for Persons with
1573 Disabilities. The judge may order a family assessment if that
1574 assessment was not completed at an earlier time. If it is
1575 necessary to place a child in a residential facility for such
1576 evaluation, then the criteria and procedure established in s.
1577 394.463(2) or chapter 393 shall be used, whichever is
1578 applicable. The educational needs assessment provided by the
1579 district school board educational needs assessment team shall
1580 include, but not be limited to, reports of intelligence and
1581 achievement tests, screening for learning disabilities and other
1582 handicaps, and screening for the need for alternative education
1583 pursuant to s. 1003.53.
1584 (4) A judge may order that a child alleged to be or
1585 adjudicated a child in need of services be treated by a licensed
1586 health care professional. The judge may also order such child to
1587 receive mental health or intellectual disability services from a
1588 psychiatrist, psychologist, or other appropriate service
1589 provider. If it is necessary to place the child in a residential
1590 facility for such services, the procedures and criteria
1591 established in s. 394.467 or chapter 393 shall be used, as
1592 applicable. A child may be provided services in emergency
1593 situations pursuant to the procedures and criteria contained in
1594 s. 394.463(1) or chapter 393, as applicable.
1595 (5) When there are indications of physical injury or
1596 illness, a licensed health care professional shall be
1597 immediately contacted called or the child shall be taken to the
1598 nearest available hospital for emergency care.
1599 (6) Except as otherwise provided herein, nothing in this
1600 section does not shall be deemed to eliminate the right of a
1601 parent, legal a guardian, or custodian, or the child to consent
1602 to examination or treatment for the child.
1603 (7) Except as otherwise provided herein, nothing in this
1604 section does not shall be deemed to alter the provisions of s.
1605 743.064.
1606 (8) A court may order shall not be precluded from ordering
1607 services or treatment to be provided to the child by a duly
1608 accredited practitioner who relies solely on spiritual means for
1609 healing in accordance with the tenets and practices of a church
1610 or religious organization, when required by the child’s health
1611 and when requested by the child.
1612 (9) Nothing in This section does not shall be construed to
1613 authorize the permanent sterilization of the child, unless such
1614 sterilization is the result of or incidental to medically
1615 necessary treatment to protect or preserve the life of the
1616 child.
1617 (10) For the purpose of obtaining an evaluation or
1618 examination or receiving treatment as authorized pursuant to
1619 this section, no child alleged to be or found to be a child from
1620 a family in need of services or a child in need of services
1621 shall be placed in a detention facility or other program used
1622 primarily for the care and custody of children alleged or found
1623 to have committed delinquent acts.
1624 (11) The parents, legal guardian, or custodian guardian of
1625 a child alleged to be or adjudicated a child in need of services
1626 remain financially responsible for the cost of medical treatment
1627 provided to the child even if one or both of the parents or if
1628 the legal guardian, or custodian did not consent to the medical
1629 treatment. After a hearing, the court may order the parents,
1630 legal or guardian, or custodian, if found able to do so, to
1631 reimburse the department or other provider of medical services
1632 for treatment provided.
1633 (12) A judge may order a child under its jurisdiction to
1634 submit to substance abuse evaluation, testing, and treatment in
1635 accordance with s. 397.706 Nothing in this section alters the
1636 authority of the department to consent to medical treatment for
1637 a child who has been committed to the department pursuant to s.
1638 984.22(3) and of whom the department has become the legal
1639 custodian.
1640 (13) At any time after the filing of a petition for a child
1641 in need of services, when the mental or physical condition,
1642 including the blood group, of a parent, guardian, or other
1643 person requesting custody of a child is in controversy, the
1644 court may order the person to submit to a physical or mental
1645 examination by a qualified professional. The order may be made
1646 only upon good cause shown and pursuant to notice and procedures
1647 as set forth by the Florida Rules of Juvenile Procedure.
1648 Section 23. Section 984.20, Florida Statutes, is amended to
1649 read:
1650 984.20 Hearings for child in need of services child-in
1651 need-of-services cases.—
1652 (1) ARRAIGNMENT HEARING.—
1653 (a) The clerk shall set a date for an arraignment hearing
1654 within a reasonable time after the date of the filing of the
1655 child in need of services petition. The court shall advise the
1656 child and the parent, legal guardian, or custodian of the right
1657 to counsel as provided in s. 984.07. When a child has been taken
1658 into custody by order of the court, an arraignment hearing shall
1659 be held within 7 days after the date the child is taken into
1660 custody. The hearing shall be held for the child and the parent,
1661 legal guardian, or custodian to admit, deny, or consent to
1662 findings that a child is in need of services as alleged in the
1663 petition. If the child and the parent, legal guardian, or
1664 custodian admit or consent to the findings in the petition, the
1665 court shall adjudicate the child a child in need of services and
1666 proceed as set forth in the Florida Rules of Juvenile Procedure.
1667 However, if either the child or the parent, legal guardian, or
1668 custodian denies any of the allegations of the petition, the
1669 court shall hold an adjudicatory hearing within a reasonable
1670 time after the date of the arraignment hearing 7 days after the
1671 date of the arraignment hearing.
1672 (b) The court may grant a continuance of the arraignment
1673 hearing When a child is in the custody of the parent, guardian,
1674 or custodian, upon the filing of a petition, the clerk shall set
1675 a date for an arraignment hearing within a reasonable time from
1676 the date of the filing of the petition. if the child or and the
1677 parent, legal guardian, or custodian request a continuance to
1678 obtain an attorney. The case shall be rescheduled for an
1679 arraignment hearing within a reasonable period of time to allow
1680 for consultation admit or consent to an adjudication, the court
1681 shall proceed as set forth in the Florida Rules of Juvenile
1682 Procedure. However, if either the child or the parent, guardian,
1683 or custodian denies any of the allegations of child in need of
1684 services, the court shall hold an adjudicatory hearing within a
1685 reasonable time from the date of the arraignment hearing.
1686 (c) If at the arraignment hearing the child and the parent,
1687 legal guardian, or custodian consents or admits to the
1688 allegations in the petition and the court determines that the
1689 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
1690 the court shall proceed to hold a disposition hearing at the
1691 earliest practicable time that will allow for the completion of
1692 a predisposition study.
1693 (d) Failure of a person served with notice to appear at the
1694 arraignment hearing constitutes the person’s consent to the
1695 adjudication of the child as a child in need of services. The
1696 document containing the notice to respond or appear must
1697 contain, in type as large as the balance of the document, the
1698 following or substantially similar language:
1699
1700 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
1701 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
1702 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
1703 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
1704 CHILD INTO SHELTER.
1705
1706 If a person appears for the arraignment hearing and the court
1707 orders that person to appear, either physically or through
1708 audio-video communication technology, at the adjudicatory
1709 hearing for the child in need of services case, stating the
1710 date, time, place, and, if applicable, the instructions for
1711 appearance through audio-video communication technology, of the
1712 adjudicatory hearing, that person’s failure to appear for the
1713 scheduled adjudicatory hearing constitutes consent to
1714 adjudication of the child as a child in need of services.
1715 (2) ADJUDICATORY HEARING.—
1716 (a) The adjudicatory hearing shall be held as soon as
1717 practicable after the petition for a child in need of services
1718 is filed and in accordance with the Florida Rules of Juvenile
1719 Procedure, but reasonable delay for the purpose of
1720 investigation, discovery, or procuring counsel or witnesses
1721 shall, whenever practicable, be granted. If the child is in
1722 custody, the adjudicatory hearing shall be held within 14 days
1723 after the date the child was taken into custody.
1724 (b) Adjudicatory hearings shall be conducted by the judge
1725 without a jury, applying the rules of evidence in use in civil
1726 cases and adjourning the hearings from time to time as
1727 necessary. In an adjudicatory a hearing on a petition in which
1728 it is alleged that the child is a child in need of services, a
1729 preponderance of evidence shall be required to establish that
1730 the child is in need of services. If the court finds the
1731 allegations are proven by a preponderance of evidence and the
1732 child is a child in need of services, the court shall enter an
1733 order of adjudication.
1734 (c) All hearings, except as hereinafter provided, shall be
1735 open to the public, and no person shall be excluded therefrom
1736 except on special order of the judge who, in his or her
1737 discretion, may close any hearing to the public when the public
1738 interest or the welfare of the child, in his or her opinion, is
1739 best served by so doing. Hearings involving more than one child
1740 may be held simultaneously when the several children involved
1741 are related to each other or were involved in the same case. The
1742 child and the parent, legal guardian, or custodian of the child
1743 may be examined separately and apart from each other.
1744 (3) DISPOSITION HEARING.—
1745 (a) At the disposition hearing, if the court finds that the
1746 facts alleged in the petition of a child in need of services
1747 were proven in the adjudicatory hearing, the court shall receive
1748 and consider a predisposition study, which shall be in writing
1749 and be presented by an authorized agent of the department or its
1750 provider.
1751 (a) The predisposition study shall cover:
1752 1. All treatment and services that the parent, legal
1753 guardian, or custodian and child received.
1754 2. The love, affection, and other emotional ties existing
1755 between the family parents and the child.
1756 3. The capacity and disposition of the parents, legal
1757 guardian, or custodian to provide the child with food, clothing,
1758 medical care or other remedial care recognized and permitted
1759 under the laws of this state in lieu of medical care, and other
1760 material needs.
1761 4. The length of time that the child has lived in a stable,
1762 satisfactory environment and the desirability of maintaining
1763 continuity.
1764 5. The permanence, as a family unit, of the existing or
1765 proposed custodial home.
1766 6. The moral fitness of the parents, legal guardian, or
1767 custodian.
1768 7. The mental and physical health of the family.
1769 8. The home, school, and community record of the child.
1770 9. The reasonable preference of the child, if the court
1771 deems the child to be of sufficient intelligence, understanding,
1772 and experience to express a preference.
1773 10. Any other factor considered by the court to be
1774 relevant.
1775 (b) The predisposition study also shall provide the court
1776 with documentation regarding:
1777 1. The availability of appropriate prevention, services,
1778 and treatment for the parent, legal guardian, custodian, and
1779 child to prevent the removal of the child from the home or to
1780 reunify the child with the parent, legal guardian, or custodian
1781 after removal or to reconcile the problems between the family
1782 parent, guardian, or custodian and the child.;
1783 2. The inappropriateness of other prevention, treatment,
1784 and services that were available.;
1785 3. The efforts by the department to prevent shelter out-of
1786 home placement of the child or, when applicable, to reunify the
1787 parent, legal guardian, or custodian if appropriate services
1788 were available.;
1789 4. Whether voluntary family the services were provided.;
1790 5. If the voluntary family services and treatment were
1791 provided, whether they were sufficient to meet the needs of the
1792 child and the family and to enable the child to remain at home
1793 or to be returned home.;
1794 6. If the voluntary family services and treatment were not
1795 provided, the reasons for such lack of provision.; and
1796 7. The need for, or appropriateness of, continuing such
1797 treatment and services if the child remains in the custody of
1798 the parent, legal guardian, or custodian or if the child is
1799 placed outside the home.
1800 (c) If placement of the child with anyone other than the
1801 child’s parent, guardian, or custodian is being considered, the
1802 study shall include the designation of a specific length of time
1803 as to when custody by the parent, guardian, or custodian shall
1804 be reconsidered.
1805 (d) A copy of this predisposition study shall be furnished
1806 to the person having custody of the child at the time such
1807 person is notified of the disposition hearing.
1808 (e) After review of the predisposition study and other
1809 relevant materials, the court shall hear from the parties and
1810 consider all recommendations for court-ordered services,
1811 evaluations, treatment and required actions designed to remedy
1812 the child’s truancy, ungovernable behavior, or running away. The
1813 court shall enter an order of disposition.
1814
1815 Any other relevant and material evidence, including other
1816 written or oral reports, may be received by the court in its
1817 effort to determine the action to be taken with regard to the
1818 child and may be relied upon to the extent of its probative
1819 value, even though not competent in an adjudicatory hearing.
1820 Except as provided in paragraph (2)(c), nothing in this section
1821 does not shall prohibit the publication of proceedings in a
1822 hearing.
1823 (4) REVIEW HEARINGS.—
1824 (a) The court shall hold a review hearing within 45 days
1825 after the disposition hearing. Additional review hearings may be
1826 held as necessary, allowing sufficient time for the child and
1827 family to work toward compliance with the court orders and
1828 monitoring by the case manager. No longer than 90 days may
1829 elapse between judicial review hearings but no less than 45 days
1830 after the date of the last review hearing.
1831 (b) The parent, legal guardian, or custodian and the child
1832 shall be noticed to appear for the review hearing. The
1833 department must appear at the review hearing. If the parent,
1834 legal guardian, or custodian does not appear at a review
1835 hearing, or if the court finds good cause to waive the child’s
1836 presence, the court may proceed with the hearing and enter
1837 orders that affect the child and family accordingly.
1838 (c)(b) At the review hearings, the court shall consider the
1839 department’s judicial review summary. The court shall close the
1840 case if the child has substantially complied with the case plans
1841 and court orders and no longer requires continued court
1842 supervision, subject to the case being reopened. Upon request of
1843 the petitioner, the court may close the case and relinquish
1844 jurisdiction. If the child has significantly failed to comply
1845 with the case plan or court orders, the child shall continue to
1846 be a child in need of services and reviewed by the court as
1847 needed. At review hearings, the court may enter further orders
1848 to adjust the services case plan to address the family needs and
1849 compliance with court orders, including, but not limited to,
1850 ordering the child placed in shelter, but no less than 45 days
1851 after the date of the last review hearing.
1852 Section 24. Section 984.21, Florida Statutes, is amended to
1853 read:
1854 984.21 Orders of adjudication.—
1855 (2)(1) If the court finds that the child named in a
1856 petition is not a child in need of services, it shall enter an
1857 order so finding and dismiss dismissing the case.
1858 (2) If the court finds that the child named in the petition
1859 is a child in need of services, but finds that no action other
1860 than supervision in the home is required, it may enter an order
1861 briefly stating the facts upon which its finding is based, but
1862 withholding an order of adjudication and placing the child and
1863 family under the supervision of the department. If the court
1864 later finds that the parent, guardian, or custodian of the child
1865 have not complied with the conditions of supervision imposed,
1866 the court may, after a hearing to establish the noncompliance,
1867 but without further evidence of the state of the child in need
1868 of services, enter an order of adjudication and shall thereafter
1869 have full authority under this chapter to provide for the child
1870 as adjudicated.
1871 (3) If the court finds by a preponderance of evidence that
1872 the child named in a petition is a child in need of services,
1873 but elects not to proceed under subsection (2), it shall
1874 incorporate that finding in an order of adjudication entered in
1875 the case, briefly stating the facts upon which the finding is
1876 made, and the court shall thereafter have full authority under
1877 this chapter to provide for the child as adjudicated.
1878 (1)(4) An order of adjudication by a court that a child is
1879 a child in need of services is a civil adjudication, and is
1880 services shall not be deemed a conviction, nor shall the child
1881 be deemed to have been found guilty or to be a delinquent or
1882 criminal by reason of that adjudication, nor shall that
1883 adjudication operate to impose upon the child any of the civil
1884 disabilities ordinarily imposed by or resulting from conviction
1885 or disqualify or prejudice the child in any civil service
1886 application or appointment.
1887 Section 25. Section 984.22, Florida Statutes, is amended to
1888 read:
1889 984.22 Powers of disposition.—
1890 (1) If the court finds that services and treatment have not
1891 been provided or used utilized by a child or family, the court
1892 having jurisdiction of the child in need of services shall have
1893 the power to direct the least intrusive and least restrictive
1894 disposition, as follows:
1895 (a) Order the parent, legal guardian, or custodian and the
1896 child to participate in treatment, services, and any other
1897 alternative identified as necessary.
1898 (b) Order the parent, legal guardian, or custodian to pay a
1899 fine or fee based on the recommendations of the department.
1900 (2) When any child is adjudicated by the court to be a
1901 child in need of services, the court having jurisdiction of the
1902 child and parent, legal guardian, or custodian shall have the
1903 power, by order, to:
1904 (a) Place the child under the supervision of the
1905 department’s authorized agent contracted provider of programs
1906 and services for children in need of services and families in
1907 need of services. The term “supervision,” for the purposes of
1908 this section, means services as defined by the contract between
1909 the department and the provider.
1910 (b) Place the child in the temporary legal custody of an
1911 adult willing to care for the child.
1912 (c) Commit the child to a licensed child-caring agency
1913 willing to receive the child and to provide services without
1914 compensation from the department.
1915 (d) Order the child, and, if the court finds it
1916 appropriate, the parent, legal guardian, or custodian of the
1917 child, to render community service in a public service program.
1918 (e) Order the child placed in shelter pursuant to s.
1919 984.225 or s. 984.226.
1920 (3) When any child is adjudicated by the court to be a
1921 child in need of services and temporary legal custody of the
1922 child has been placed with an adult willing to care for the
1923 child, or a licensed child-caring agency, the Department of
1924 Juvenile Justice, or the Department of Children and Families,
1925 the court shall order the natural or adoptive parents of such
1926 child, including the natural father of such child born out of
1927 wedlock who has acknowledged his paternity in writing before the
1928 court, or the guardian of such child’s estate if possessed of
1929 assets which under law may be disbursed for the care, support,
1930 and maintenance of such child, to pay child support to the adult
1931 relative caring for the child, the licensed child-caring agency,
1932 the department of Juvenile Justice, or the Department of
1933 Children and Families. When such order affects the guardianship
1934 estate, a certified copy of such order shall be delivered to the
1935 judge having jurisdiction of such guardianship estate. If the
1936 court determines that the parent is unable to pay support,
1937 placement of the child shall not be contingent upon issuance of
1938 a support order. The department may employ a collection agency
1939 to receive, collect, and manage for the purpose of receiving,
1940 collecting, and managing the payment of unpaid and delinquent
1941 fees. The collection agency must be registered and in good
1942 standing under chapter 559. The department may pay to the
1943 collection agency a fee from the amount collected under the
1944 claim or may authorize the agency to deduct the fee from the
1945 amount collected.
1946 (4) All payments of fees made to the department under this
1947 chapter, or child support payments made to the department
1948 pursuant to subsection (3), shall be deposited in the General
1949 Revenue Fund.
1950 (4)(5) In carrying out the provisions of this chapter, the
1951 court shall order the child, family, parent, legal guardian, or
1952 custodian of a child who is found to be a child in need of
1953 services to participate in family counseling and other
1954 professional counseling activities or other alternatives deemed
1955 necessary to address the needs for the rehabilitation of the
1956 child and family.
1957 (5)(6) The participation and cooperation of the family,
1958 parent, legal guardian, or custodian, and the child with court
1959 ordered services, treatment, or community service are mandatory,
1960 not merely voluntary. The court may use its contempt powers to
1961 enforce its orders order.
1962 Section 26. Section 984.225, Florida Statutes, is amended
1963 to read:
1964 984.225 Powers of disposition; placement in a staff-secure
1965 shelter.—
1966 (1) Subject to specific legislative appropriation, The
1967 court may order that a child adjudicated as a child in need of
1968 services be placed in shelter to enforce the court’s orders, to
1969 ensure the child attends school, to ensure the child receives
1970 needed counseling, and to ensure the child adheres to a service
1971 plan. While a child is in a shelter, the child shall receive
1972 education commensurate with his or her grade level and
1973 educational ability. The department, or the department’s
1974 authorized agent, must verify to the court that a shelter bed is
1975 available for the child. If the department or the department’s
1976 authorized agent verifies that a bed is not available, the
1977 department shall place the child’s name on a waiting list. The
1978 child who has been on the waiting list the longest shall get the
1979 next available bed. for up to 90 days in a staff-secure shelter
1980 if:
1981 (2) The court shall order the parent, legal guardian, or
1982 custodian to cooperate with reunification efforts and
1983 participate in counseling. If a parent, legal guardian, or
1984 custodian prefers to arrange counseling or other services with a
1985 private provider in lieu of using services provided by the
1986 department, the family shall pay all costs associated with those
1987 services.
1988 (3) Placement of a child under this section is designed to
1989 provide residential care on a temporary basis. Such placement
1990 does not abrogate the legal responsibilities of the parent,
1991 legal guardian, or custodian with respect to the child, except
1992 to the extent that those responsibilities are temporarily
1993 altered by court order.
1994 (a) The court may order any child adjudicated a child in
1995 need of services to be placed in shelter for up to 35 days.
1996 (b) After other alternative, less restrictive, remedies
1997 have been exhausted, the child may be placed in shelter for up
1998 to 90 days if:
1999 1.(a) The child’s parent, legal guardian, or legal
2000 custodian refuses to provide food, clothing, shelter, and
2001 necessary parental support for the child and the refusal is a
2002 direct result of an established pattern of significant
2003 disruptive behavior of the child in the home of the parent,
2004 legal guardian, or legal custodian;
2005 2.(b) The child refuses to remain under the reasonable care
2006 and custody of the his or her parent, legal guardian, or legal
2007 custodian, as evidenced by repeatedly running away and failing
2008 to comply with a court order; or
2009 3.(c) The child has failed to successfully complete an
2010 alternative treatment program or to comply with a court-ordered
2011 services sanction and the child has been placed in a shelter
2012 residential program on at least one prior occasion pursuant to a
2013 court order after the child has been adjudicated a child in need
2014 of services under this chapter.
2015 (4) The court shall review the child’s 90-day shelter
2016 placement within 45 days after the child’s placement and
2017 determine whether continued shelter is deemed necessary. The
2018 court shall also determine whether the parent, legal guardian,
2019 or custodian has reasonably participated in the child’s
2020 counseling and treatment program, and is following the
2021 recommendations of the program to work toward reunification. The
2022 court shall also determine whether the department’s
2023 reunification efforts have been reasonable. If the court finds
2024 an inadequate level of support or participation by the parent,
2025 legal guardian, or custodian before the end of the shelter
2026 commitment period, the court shall direct a staffing to take
2027 place with the Department of Children and Families.
2028 (2) This section applies after other alternative, less
2029 restrictive remedies have been exhausted. The court may order
2030 that a child be placed in a staff-secure shelter. The
2031 department, or an authorized representative of the department,
2032 must verify to the court that a bed is available for the child.
2033 If the department or an authorized representative of the
2034 department verifies that a bed is not available, the department
2035 will place the child’s name on a waiting list. The child who has
2036 been on the waiting list the longest will get the next available
2037 bed.
2038 (3) The court shall order the parent, guardian, or legal
2039 custodian to cooperate with efforts to reunite the child with
2040 the family, participate in counseling, and pay all costs
2041 associated with the care and counseling provided to the child
2042 and family, in accordance with the family’s ability to pay as
2043 determined by the court. Commitment of a child under this
2044 section is designed to provide residential care on a temporary
2045 basis. Such commitment does not abrogate the legal
2046 responsibilities of the parent, guardian, or legal custodian
2047 with respect to the child, except to the extent that those
2048 responsibilities are temporarily altered by court order.
2049 (4) While a child is in a staff-secure shelter, the child
2050 shall receive education commensurate with his or her grade level
2051 and educational ability.
2052 (5) If a child has not been reunited with his or her
2053 parent, legal guardian, or legal custodian at the expiration of
2054 the 90-day commitment period, the court may order that the child
2055 remain in the staff-secure shelter for an additional 30 days if
2056 the court finds that reunification could be achieved within that
2057 period.
2058 (6) The department is deemed to have exhausted the
2059 reasonable remedies offered under this chapter if, at the end of
2060 the 90-day shelter commitment period, the parent, legal
2061 guardian, or legal custodian continues to refuse to allow the
2062 child to remain at home or creates unreasonable conditions for
2063 the child’s return. If, at the end of the 90-day shelter
2064 commitment period, the child is not reunited with his or her
2065 parent, legal guardian, or custodian due solely to the continued
2066 refusal of the parent, legal guardian, or custodian to provide
2067 food, clothing, shelter, and parental support, the child is
2068 considered to be threatened with harm as a result of such acts
2069 or omissions, and the court shall direct that the child be
2070 handled in every respect as a dependent child. Jurisdiction
2071 shall be transferred to the custody of the Department of
2072 Children and Families, and the child’s care shall be governed
2073 under the relevant provisions of chapter 39. The department
2074 shall coordinate with the Department of Children and Families as
2075 provided in s. 984.086. The clerk of court shall serve the
2076 Department of Children and Families with any court order of
2077 referral.
2078 (7) The court shall review the child’s commitment once
2079 every 45 days as provided in s. 984.20. The court shall
2080 determine whether the parent, guardian, or custodian has
2081 reasonably participated in and financially contributed to the
2082 child’s counseling and treatment program. The court shall also
2083 determine whether the department’s efforts to reunite the family
2084 have been reasonable. If the court finds an inadequate level of
2085 support or participation by the parent, guardian, or custodian
2086 prior to the end of the commitment period, the court shall
2087 direct that the child be handled in every respect as a dependent
2088 child. Jurisdiction shall be transferred to the Department of
2089 Children and Families, and the child’s care shall be governed
2090 under the relevant provisions of chapter 39.
2091 (6)(8) If the child requires residential mental health
2092 treatment or residential care for a developmental disability,
2093 the court shall refer the child transferred to the custody of
2094 the Agency for Persons with Disabilities or to the Department of
2095 Children and Families for the provision of necessary services.
2096 The clerk of court shall serve the Agency for Persons with
2097 Disabilities or the Department of Children and Families with any
2098 court order of referral.
2099 Section 27. Section 984.226, Florida Statutes, is amended
2100 to read:
2101 984.226 Physically secure shelter setting.—
2102 (1) Subject to specific legislative appropriation, the
2103 department of Juvenile Justice shall establish or contract for
2104 physically secure shelters settings designated exclusively for
2105 the placement of children in need of services who meet the
2106 criteria provided in this section.
2107 (2) When a petition is filed alleging that a child is a
2108 child in need of services, the child must be represented by
2109 counsel at each court appearance unless the record in that
2110 proceeding affirmatively demonstrates by clear and convincing
2111 evidence that the child knowingly and intelligently waived the
2112 right to counsel after being fully advised by the court of the
2113 nature of the proceedings and the dispositional alternatives
2114 available to the court under this section. If the court decides
2115 to appoint counsel for the child and if the child is indigent,
2116 the court shall appoint an attorney to represent the child as
2117 provided under s. 985.033. Nothing precludes the court from
2118 requesting reimbursement of attorney’s fees and costs from the
2119 nonindigent parent or legal guardian.
2120 (2)(3) When a child is adjudicated as a child in need of
2121 services by a court and all other less restrictive placements
2122 have been exhausted, the court may order the child to be placed
2123 in a physically secure shelter setting authorized in this
2124 section if the child has:
2125 (a) Failed to appear for placement in a staff-secure
2126 shelter for up to 90 days as ordered under s. 984.225, or failed
2127 to comply with any other provision of a valid court order
2128 relating to such placement and, as a result of such failure, has
2129 been found to be in direct or indirect contempt of court; or
2130 (b) Run away from a 90-day staff-secure shelter following
2131 placement under s. 984.225 or s. 984.09.
2132
2133 The department or an authorized agent representative of the
2134 department must verify to the court that a bed is available for
2135 the child in a physically secure shelter. If a bed is not
2136 available in a physically secure shelter, the court must stay
2137 the placement until such a bed is available, and the department
2138 must place the child’s name on a waiting list. The child who has
2139 been on the waiting list the longest has first priority for
2140 placement in the physically secure shelter. Physically secure
2141 shelter placement may only be used when the child cannot receive
2142 appropriate and available services due to the child running away
2143 or refusing to cooperate with attempts to provide services in
2144 other less restrictive placements setting.
2145 (3)(4) A child may be placed in a physically secure shelter
2146 setting for up to 90 days by order of the court. If a child has
2147 not been reunited with his or her parent, guardian, or legal
2148 custodian at the expiration of the placement in a physically
2149 secure shelter setting, the court may order that the child
2150 remain in the physically secure shelter setting for an
2151 additional 30 days if the court finds that reunification could
2152 be achieved within that period.
2153 (4)(5)(a) The court shall review the child’s placement once
2154 within every 45 days to determine whether the child can be
2155 returned home with the provision of ongoing services as provided
2156 in s. 984.20.
2157 (b) At any time during the placement of a child in need of
2158 services in a physically secure shelter setting, the department
2159 or an authorized agent representative of the department may
2160 submit to the court a report that recommends:
2161 1. That the child has received all of the services
2162 available from the physically secure shelter setting and is
2163 ready for reunification with a parent or guardian; or
2164 2. That the child is unlikely to benefit from continued
2165 placement in the physically secure shelter setting and is more
2166 likely to have his or her needs met in a different type of
2167 placement. The court may order that the child be transitioned
2168 from a physically secure shelter to a shelter placement as
2169 provided in s. 984.225 upon a finding that the physically secure
2170 shelter is no longer necessary for the child’s safety and to
2171 provide needed services.
2172 (c) The court shall determine if the parent, legal
2173 guardian, or custodian has reasonably participated in and has
2174 financially contributed to or participated in the child’s
2175 counseling and treatment program.
2176 (d) If the court finds an inadequate level of support or
2177 participation by the parent, legal guardian, or custodian before
2178 the end of the placement, the court shall direct a staffing to
2179 take place with the Department of Children and Families that the
2180 child be handled as a dependent child, jurisdiction shall be
2181 transferred to the Department of Children and Families, and the
2182 child’s care shall be governed by chapter 39.
2183 (e) If the child requires long-term residential mental
2184 health treatment or residential care for a developmental
2185 disability, the court shall refer the child
2186
2187 ================= T I T L E A M E N D M E N T ================
2188 And the title is amended as follows:
2189 Delete lines 102 - 117
2190 and insert:
2191 placements; requiring a court to direct a staffing to
2192 take place with the Department of Children and
2193 Families under certain circumstances; authorizing
2194 transfer to the custody of the Agency for Persons with
2195 Disabilities in certain circumstances; amending s.
2196 984.226, F.S.; authorizing contracting for physically
2197 secure shelters; deleting provisions on representation
2198 in certain proceedings; requiring exhaustion of less
2199 restrictive placements before a child may be placed in
2200 a physically secure shelter; providing a time limit on
2201 secure shelter orders; providing legislative intent;
2202 revising provisions concerning review of secure
2203 shelter placements; providing for transfer to shelter
2204 placements in certain circumstances; requiring a court
2205 to direct a staffing to take place with the department
2206 under certain circumstances; providing for the