Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1344
Ì797592PÎ797592
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/17/2025 .
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The Committee on Fiscal Policy (Simon) recommended the
following:
1 Senate Substitute for Amendment (934982) (with title
2 amendment)
3
4 Delete lines 1705 - 2583
5 and insert:
6 be contacted If the department determines that placement in a
7 shelter is necessary according to the provisions of subsection
8 (1), the departmental representative shall authorize placement
9 of the child in a shelter provided by the community specifically
10 for runaways and troubled youth who are children in need of
11 services or members of families in need of services and shall
12 immediately notify the parents or legal custodians that the
13 child was taken into custody.
14 (3) A child who is involuntarily placed in a shelter shall
15 be given a shelter hearing within 24 hours after being taken
16 into custody to determine whether shelter placement is required.
17 The shelter petition filed with the court shall address each
18 condition required to be determined in subsection (1).
19 (4) A child may not be held involuntarily in a shelter
20 longer than 24 hours unless an order so directing is made by the
21 court after a shelter hearing finding that placement in a
22 shelter is necessary based on the criteria in subsection (1) and
23 that the department has made reasonable efforts to prevent or
24 eliminate the need for removal of the child from the home.
25 (5) Except as provided under s. 984.225, a child in need of
26 services or a child from a family in need of services may not be
27 placed in a shelter for longer than 35 days.
28 (6) When any child is placed in a shelter pursuant to court
29 order following a shelter hearing, the court shall order the
30 natural or adoptive parents of such child, the natural father of
31 such child born out of wedlock who has acknowledged his
32 paternity in writing before the court, or the guardian of such
33 child’s estate, if possessed of assets which under law may be
34 disbursed for the care, support, and maintenance of the child,
35 to pay, to the department, fees as established by the
36 department. When the order affects the guardianship estate, a
37 certified copy of the order shall be delivered to the judge
38 having jurisdiction of the guardianship estate.
39 (7) A child who is adjudicated a child in need of services
40 or alleged to be from a family in need of services or a child in
41 need of services may not be placed in a secure detention
42 facility or jail or any other commitment program for delinquent
43 children under any circumstances.
44 (8) The court may order the placement of a child in need of
45 services into a staff-secure facility for no longer than 5 days
46 for the purpose of evaluation and assessment.
47 Section 17. Section 984.15, Florida Statutes, is amended to
48 read:
49 984.15 Petition for a child in need of services.—
50 (1) All proceedings seeking an adjudication that a child is
51 a child in need of services shall be initiated by the filing of
52 a petition by an attorney representing the department or by the
53 child’s parent, legal guardian, or legal custodian. If a child
54 in need of services has been placed in a shelter pursuant to s.
55 984.14, the department shall file the petition immediately,
56 including in the petition notice of arraignment pursuant to s.
57 984.20.
58 (2)(a) The department shall file a petition for a child in
59 need of services if the child meets the definition of a child in
60 need of services, and the case manager or staffing committee
61 recommends requests that a petition be filed and:
62 1. The family and child have in good faith, but
63 unsuccessfully, used the services and process described in ss.
64 984.11 and 984.12; or
65 2. The family or child have refused all services described
66 in ss. 984.11 and 984.12 after reasonable efforts by the
67 department to involve the family and child in voluntary family
68 services and treatment.
69 (b) Once the requirements in paragraph (a) have been met,
70 the department shall file a petition for a child in need of
71 services as soon as practicable within 45 days.
72 (c) The petition shall be in writing, shall state the
73 specific grounds under s. 984.03(9) by which the child is
74 designated a child in need of services, and shall certify that
75 the conditions prescribed in paragraph (a) have been met. The
76 petition shall be signed by the petitioner under oath stating
77 good faith in filing the petition and shall be signed by an
78 attorney for the department.
79 (3)(a) The parent, legal guardian, or legal custodian may
80 file a petition alleging that a child is a child in need of
81 services if:
82 1. The department waives the requirement for a case
83 staffing committee.
84 2. The department fails to convene a meeting of the case
85 staffing committee within 7 days, excluding weekends and legal
86 holidays, after receiving a written request for such a meeting
87 from the child’s parent, legal guardian, or legal custodian.
88 3. The parent, legal guardian, or legal custodian does not
89 agree with the plan for services offered by the case staffing
90 committee.
91 4. The department fails to provide a written report within
92 7 days after the case staffing committee meets, as required
93 under s. 984.12(10) s. 984.12(8).
94 (b) The parent, legal guardian, or legal custodian must
95 give the department prior written notice of intent to file the
96 petition. If, at the arraignment hearing, the court finds that
97 such written notice of intent to file the petition was not
98 provided to the department, the court shall dismiss the
99 petition, postpone the hearing until such written notice is
100 given, or, if the department agrees, proceed with the
101 arraignment hearing. The petition must be served on the
102 department’s office of general counsel.
103 (c) The petition must be in writing and must set forth
104 specific facts alleging that the child is a child in need of
105 services as defined in s. 984.03(9). The petition must also
106 demonstrate that the parent, legal guardian, or legal custodian
107 has in good faith, but unsuccessfully, participated in the
108 services and processes described in ss. 984.11 and 984.12.
109 (4)(d) The petition must be signed by the petitioner under
110 oath.
111 (5)(e) The court, on its own motion or the motion of any
112 party or the department, shall determine the legal sufficiency
113 of a petition filed under this subsection and may dismiss any
114 petition that lacks sufficient grounds. In addition, the court
115 shall verify that the child is not:
116 (a)1. The subject of a pending investigation into an
117 allegation or suspicion of abuse, neglect, or abandonment;
118 (b)2. The subject of a pending petition referral alleging
119 that the child is delinquent; or
120 (c)3. Under the current supervision of the department or
121 the Department of Children and Families for an adjudication or
122 withholding of adjudication of delinquency or dependency.
123 (6)(4) The form of the petition and any additional contents
124 shall be determined by rules of procedure adopted by the Supreme
125 Court.
126 (7)(5) The petitioner department or the parent, guardian,
127 or legal custodian may withdraw a petition at any time before
128 prior to the child is being adjudicated a child in need of
129 services.
130 Section 18. Section 984.151, Florida Statutes, is amended
131 to read:
132 984.151 Early truancy intervention; truancy petition;
133 judgment prosecution; disposition.—
134 (1) If the school determines that a student subject to
135 compulsory school attendance has had at least five unexcused
136 absences, or absences for which the reasons are unknown, within
137 a calendar month or 10 unexcused absences, or absences for which
138 the reasons are unknown, within a 90-calendar-day period
139 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
140 absences in a 90-calendar-day period, the superintendent of
141 schools or his or her designee may file a truancy petition
142 seeking early truancy intervention.
143 (2) The petition shall be filed in the circuit in which the
144 student is enrolled in school.
145 (3) Original jurisdiction to hear a truancy petition shall
146 be in the circuit court; however, the circuit court may use a
147 general or special magistrate master pursuant to Supreme Court
148 rules. Upon the filing of the petition, the clerk shall issue a
149 summons to the parent, legal guardian, or legal custodian of the
150 student, directing that person and the student to appear for a
151 hearing at a time and place specified.
152 (4) The petition must contain the following: the name, age,
153 and address of the student; the name and address of the
154 student’s parent or guardian; the school where the student is
155 enrolled; the efforts the school has made to get the student to
156 attend school in compliance with s. 1003.26; the number of out
157 of-school contacts between the school system and student’s
158 parent or guardian; and the number of days and dates of days the
159 student has missed school. The petition shall be sworn to by the
160 superintendent or his or her designee.
161 (5) Once the petition is filed, the court shall hear the
162 petition within 30 days.
163 (6) The student and the student’s parent or guardian shall
164 attend the hearing.
165 (7) If the court determines that the student did miss any
166 of the alleged days, the court shall enter an order finding the
167 child to be a truant status offender and the court shall order
168 the student to attend school and order the parent, legal
169 guardian, or custodian to ensure that the student attends
170 school. The court’s power under this subsection is limited to
171 entering orders to require the student to attend school and
172 require the student and family to participate in services to
173 encourage regular school attendance. The court, and may order
174 any of the following services:
175 (a) The student to participate in alternative sanctions to
176 include mandatory attendance at alternative classes; to be
177 followed by mandatory community services hours for a period up
178 to 6 months; the student and
179 (b) The student’s parent, legal or guardian, or custodian
180 to participate in parenting classes homemaker or parent aide
181 services;
182 (c) The student or the student’s parent, legal or guardian
183 or custodian to participate in individual, group, or family
184 intensive crisis counseling;
185 (d) The student or the student’s parent, legal or guardian
186 or custodian to participate in community mental health services
187 or substance abuse treatment services if available and
188 applicable;
189 (e) The student and the student’s parent, legal or
190 guardian, or custodian to participate in services service
191 provided by state or community voluntary or community agencies,
192 if appropriate as available, including services for families in
193 need of services as provided in s. 984.11;
194 (f) The student and the student’s parent, legal guardian,
195 or custodian to attend meetings with school officials to address
196 the child’s educational needs, classroom assignment, class
197 schedule, and other barriers to school attendance identified by
198 the child’s school, the child or his or her family;
199 (g) The student and the student’s parent, legal guardian,
200 or custodian to engage in learning activities provided by the
201 school board as to why education is important and the potential
202 impact on the child’s future employment and education options if
203 the attendance problem persists; or
204 (h) and The student or the student’s parent, legal or
205 guardian, or custodian to participate in vocational or, job
206 training, or employment services.
207 (8) If the student does not substantially comply with
208 compulsory school attendance and court-ordered services required
209 under successfully complete the sanctions ordered in subsection
210 (7), and the child meets the definition of a child in need of
211 services, the case shall be referred by the court to the
212 department’s authorized agent for review by the case staffing
213 committee under s. 984.12 with a recommendation to file a
214 petition for child in need of services child-in-need-of-services
215 petition under s. 984.15. The court shall review the case not
216 less than every 45 days to determine whether the child is in
217 substantial compliance with compulsory education or if the case
218 should be referred to the case staffing committee in accord with
219 this subsection.
220 (9) If the student substantially complies with compulsory
221 school attendance the court shall close the truancy case.
222 (10) If the child is adjudicated a child in need of
223 services pursuant to s. 984.21, the truancy case shall be closed
224 and jurisdiction relinquished in accordance with s. 984.04.
225 (11) The court may retain jurisdiction of any case in which
226 the child is noncompliant with compulsory education and the
227 child does not meet the definition of a child in need of
228 services under this chapter until jurisdiction lapses pursuant
229 to s. 984.04.
230 (12) The court may not order a child placed in shelter
231 pursuant to this section unless the court has found the child to
232 be in contempt for violation of a court order under s. 984.09.
233 (13)(9) The parent, legal guardian, or legal custodian and
234 the student shall participate, as required by court order, in
235 any sanctions or services required by the court under this
236 section, and the court shall enforce such participation through
237 its contempt power.
238 (14) Any truant student that meets the definition of a
239 child in need of services and who has been found in contempt for
240 violation of a court order under s. 984.09 two or more times
241 shall be referred to the case staffing committee under s. 984.12
242 with a recommendation to file a petition for a child in need of
243 services.
244 (15) The clerk of court must serve any court order
245 referring the case to voluntary family services or the case
246 staffing committee to the department’s office of general counsel
247 and to the department’s authorized agent.
248 Section 19. Subsections (3) and (5) of section 984.16,
249 Florida Statutes, are amended, and subsection (11) is added to
250 that section, to read:
251 984.16 Process and service for child in need of services
252 petitions.—
253 (3) The summons shall require the person on whom it is
254 served to appear for a hearing at a time, and place, and manner
255 specified. Except in cases of medical emergency, the time shall
256 not be less than 24 hours after service of the summons. The
257 summons must may require the custodian to bring the child to
258 court if the court determines that the child’s presence is
259 necessary. A copy of the petition shall be attached to the
260 summons.
261 (5) The jurisdiction of the court shall attach to the child
262 and the parent, legal guardian, or custodian, or legal guardian
263 of the child and the case when the summons is served upon the
264 child or a parent, or legal guardian, or actual custodian of the
265 child; or when the child is taken into custody with or without
266 service of summons and after filing of a petition for a child in
267 need of services; or when a party personally appears before the
268 court whichever occurs first, and thereafter the court may
269 control the child and case in accordance with this chapter.
270 (11) If a court takes action that directly involves a
271 student’s school, including, but not limited to, an order that a
272 student attend school, attend school with his or her parent,
273 requiring the parent to participate in meetings, including
274 parent-teacher conferences, Section 504 plan meetings or
275 individualized education plan meetings to address the student’s
276 disability, the office of the clerk of the court shall provide
277 notice to the school of the court’s order.
278 Section 20. Section 984.17, Florida Statutes, is amended to
279 read:
280 984.17 Response to petition and representation of parties.—
281 (1) At the time a child in need of services petition is
282 filed, the court may appoint a guardian ad litem for the child.
283 (2) No answer to the petition or any other pleading need be
284 filed by any child, parent, or legal guardian, or custodian, but
285 any matters which might be set forth in an answer or other
286 pleading may be pleaded orally before the court or filed in
287 writing as any such person may choose. Notwithstanding the
288 filing of an answer or any pleading, the child and or parent,
289 legal guardian, or custodian shall, before prior to an
290 adjudicatory hearing, be advised by the court of the right to
291 counsel.
292 (3) When a petition for a child in need of services has
293 been filed and the parents, legal guardian, or legal custodian
294 of the child and the child have advised the department that the
295 truth of the allegations is acknowledged and that no contest is
296 to be made of the adjudication, the attorney representing the
297 department may set the case before the court for a disposition
298 hearing. If there is a change in the plea at this hearing, the
299 court shall continue the hearing to permit the attorney
300 representing the department to prepare and present the case.
301 (4) An attorney representing the department shall represent
302 the state in any proceeding in which the petition alleges that a
303 child is a child in need of services and in which a party denies
304 the allegations of the petition and contests the adjudication.
305 Section 21. Section 984.18, Florida Statutes, is repealed.
306 Section 22. Section 984.19, Florida Statutes, is amended to
307 read:
308 984.19 Medical screening and treatment of child;
309 examination of parent, legal guardian, or person requesting
310 custody.—
311 (1) When any child is to be placed in shelter care, the
312 department or its authorized agent may is authorized to have a
313 medical screening provided for performed on the child without
314 authorization from the court and without consent from a parent,
315 legal or guardian, or custodian. Such medical screening shall be
316 provided performed by a licensed health care professional and
317 shall be to screen examine the child for injury, illness, and
318 communicable diseases. In no case does this subsection authorize
319 the department to consent to medical treatment for such
320 children.
321 (2) When the department has performed the medical screening
322 authorized by subsection (1) or when it is otherwise determined
323 by a licensed health care professional that a child is in need
324 of medical treatment, consent for medical treatment shall be
325 obtained in the following manner:
326 (a)1. Consent to medical treatment shall be obtained from a
327 parent, legal or guardian, or custodian of the child; or
328 2. A court order for such treatment shall be obtained.
329 (b) If a parent, legal or guardian, or custodian of the
330 child is unavailable and his or her whereabouts cannot be
331 reasonably ascertained, and it is after normal working hours so
332 that a court order cannot reasonably be obtained, an authorized
333 agent of the department or its provider has the authority to
334 consent to necessary medical treatment for the child. The
335 authority of the department to consent to medical treatment in
336 this circumstance is limited to the time reasonably necessary to
337 obtain court authorization.
338 (c) If a parent, legal or guardian, or custodian of the
339 child is available but refuses to consent to the necessary
340 treatment, a court order is required, unless the situation meets
341 the definition of an emergency in s. 743.064 or the treatment
342 needed is related to suspected abuse or neglect of the child by
343 the parent or guardian. In such case, the department’s
344 authorized agent may department has the authority to consent to
345 necessary medical treatment. This authority is limited to the
346 time reasonably necessary to obtain court authorization.
347
348 In no case may the department consent to sterilization,
349 abortion, or termination of life support.
350 (3) A judge may order that a child alleged to be or
351 adjudicated a child in need of services be examined by a
352 licensed health care professional. The judge may also order such
353 child to be evaluated by a psychiatrist or a psychologist, by a
354 district school board educational needs assessment team, or, if
355 a developmental disability is suspected or alleged, by the
356 developmental disability diagnostic and evaluation team of the
357 Department of Children and Families or Agency for Persons with
358 Disabilities. The judge may order a family assessment if that
359 assessment was not completed at an earlier time. If it is
360 necessary to place a child in a residential facility for such
361 evaluation, then the criteria and procedure established in s.
362 394.463(2) or chapter 393 shall be used, whichever is
363 applicable. The educational needs assessment provided by the
364 district school board educational needs assessment team shall
365 include, but not be limited to, reports of intelligence and
366 achievement tests, screening for learning disabilities and other
367 handicaps, and screening for the need for alternative education
368 pursuant to s. 1003.53.
369 (4) A judge may order that a child alleged to be or
370 adjudicated a child in need of services be treated by a licensed
371 health care professional. The judge may also order such child to
372 receive mental health or intellectual disability services from a
373 psychiatrist, psychologist, or other appropriate service
374 provider. If it is necessary to place the child in a residential
375 facility for such services, the procedures and criteria
376 established in s. 394.467 or chapter 393 shall be used, as
377 applicable. A child may be provided services in emergency
378 situations pursuant to the procedures and criteria contained in
379 s. 394.463(1) or chapter 393, as applicable.
380 (5) When there are indications of physical injury or
381 illness, a licensed health care professional shall be
382 immediately contacted called or the child shall be taken to the
383 nearest available hospital for emergency care.
384 (6) Except as otherwise provided herein, nothing in this
385 section does not shall be deemed to eliminate the right of a
386 parent, legal a guardian, or custodian, or the child to consent
387 to examination or treatment for the child.
388 (7) Except as otherwise provided herein, nothing in this
389 section does not shall be deemed to alter the provisions of s.
390 743.064.
391 (8) A court may order shall not be precluded from ordering
392 services or treatment to be provided to the child by a duly
393 accredited practitioner who relies solely on spiritual means for
394 healing in accordance with the tenets and practices of a church
395 or religious organization, when required by the child’s health
396 and when requested by the child.
397 (9) Nothing in This section does not shall be construed to
398 authorize the permanent sterilization of the child, unless such
399 sterilization is the result of or incidental to medically
400 necessary treatment to protect or preserve the life of the
401 child.
402 (10) For the purpose of obtaining an evaluation or
403 examination or receiving treatment as authorized pursuant to
404 this section, no child alleged to be or found to be a child from
405 a family in need of services or a child in need of services
406 shall be placed in a detention facility or other program used
407 primarily for the care and custody of children alleged or found
408 to have committed delinquent acts.
409 (11) The parents, legal guardian, or custodian guardian of
410 a child alleged to be or adjudicated a child in need of services
411 remain financially responsible for the cost of medical treatment
412 provided to the child even if one or both of the parents or if
413 the legal guardian, or custodian did not consent to the medical
414 treatment. After a hearing, the court may order the parents,
415 legal or guardian, or custodian, if found able to do so, to
416 reimburse the department or other provider of medical services
417 for treatment provided.
418 (12) A judge may order a child under its jurisdiction to
419 submit to substance abuse evaluation, testing, and treatment in
420 accordance with s. 397.706 Nothing in this section alters the
421 authority of the department to consent to medical treatment for
422 a child who has been committed to the department pursuant to s.
423 984.22(3) and of whom the department has become the legal
424 custodian.
425 (13) At any time after the filing of a petition for a child
426 in need of services, when the mental or physical condition,
427 including the blood group, of a parent, guardian, or other
428 person requesting custody of a child is in controversy, the
429 court may order the person to submit to a physical or mental
430 examination by a qualified professional. The order may be made
431 only upon good cause shown and pursuant to notice and procedures
432 as set forth by the Florida Rules of Juvenile Procedure.
433 Section 23. Section 984.20, Florida Statutes, is amended to
434 read:
435 984.20 Hearings for child in need of services child-in
436 need-of-services cases.—
437 (1) ARRAIGNMENT HEARING.—
438 (a) The clerk shall set a date for an arraignment hearing
439 within a reasonable time after the date of the filing of the
440 child in need of services petition. The court shall advise the
441 child and the parent, legal guardian, or custodian of the right
442 to counsel as provided in s. 984.07. When a child has been taken
443 into custody by order of the court, an arraignment hearing shall
444 be held within 7 days after the date the child is taken into
445 custody. The hearing shall be held for the child and the parent,
446 legal guardian, or custodian to admit, deny, or consent to
447 findings that a child is in need of services as alleged in the
448 petition. If the child and the parent, legal guardian, or
449 custodian admit or consent to the findings in the petition, the
450 court shall adjudicate the child a child in need of services and
451 proceed as set forth in the Florida Rules of Juvenile Procedure.
452 However, if either the child or the parent, legal guardian, or
453 custodian denies any of the allegations of the petition, the
454 court shall hold an adjudicatory hearing within a reasonable
455 time after the date of the arraignment hearing 7 days after the
456 date of the arraignment hearing.
457 (b) The court may grant a continuance of the arraignment
458 hearing When a child is in the custody of the parent, guardian,
459 or custodian, upon the filing of a petition, the clerk shall set
460 a date for an arraignment hearing within a reasonable time from
461 the date of the filing of the petition. if the child or and the
462 parent, legal guardian, or custodian request a continuance to
463 obtain an attorney. The case shall be rescheduled for an
464 arraignment hearing within a reasonable period of time to allow
465 for consultation admit or consent to an adjudication, the court
466 shall proceed as set forth in the Florida Rules of Juvenile
467 Procedure. However, if either the child or the parent, guardian,
468 or custodian denies any of the allegations of child in need of
469 services, the court shall hold an adjudicatory hearing within a
470 reasonable time from the date of the arraignment hearing.
471 (c) If at the arraignment hearing the child and the parent,
472 legal guardian, or custodian consents or admits to the
473 allegations in the petition and the court determines that the
474 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
475 the court shall proceed to hold a disposition hearing at the
476 earliest practicable time that will allow for the completion of
477 a predisposition study.
478 (d) Failure of a person served with notice to appear at the
479 arraignment hearing constitutes the person’s consent to the
480 adjudication of the child as a child in need of services. The
481 document containing the notice to respond or appear must
482 contain, in type as large as the balance of the document, the
483 following or substantially similar language:
484
485 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
486 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
487 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
488 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
489 CHILD INTO SHELTER.
490
491 If a person appears for the arraignment hearing and the court
492 orders that person to appear, either physically or through
493 audio-video communication technology, at the adjudicatory
494 hearing for the child in need of services case, stating the
495 date, time, place, and, if applicable, the instructions for
496 appearance through audio-video communication technology, of the
497 adjudicatory hearing, that person’s failure to appear for the
498 scheduled adjudicatory hearing constitutes consent to
499 adjudication of the child as a child in need of services.
500 (2) ADJUDICATORY HEARING.—
501 (a) The adjudicatory hearing shall be held as soon as
502 practicable after the petition for a child in need of services
503 is filed and in accordance with the Florida Rules of Juvenile
504 Procedure, but reasonable delay for the purpose of
505 investigation, discovery, or procuring counsel or witnesses
506 shall, whenever practicable, be granted. If the child is in
507 custody, the adjudicatory hearing shall be held within 14 days
508 after the date the child was taken into custody.
509 (b) Adjudicatory hearings shall be conducted by the judge
510 without a jury, applying the rules of evidence in use in civil
511 cases and adjourning the hearings from time to time as
512 necessary. In an adjudicatory a hearing on a petition in which
513 it is alleged that the child is a child in need of services, a
514 preponderance of evidence shall be required to establish that
515 the child is in need of services. If the court finds the
516 allegations are proven by a preponderance of evidence and the
517 child is a child in need of services, the court shall enter an
518 order of adjudication.
519 (c) All hearings, except as hereinafter provided, shall be
520 open to the public, and no person shall be excluded therefrom
521 except on special order of the judge who, in his or her
522 discretion, may close any hearing to the public when the public
523 interest or the welfare of the child, in his or her opinion, is
524 best served by so doing. Hearings involving more than one child
525 may be held simultaneously when the several children involved
526 are related to each other or were involved in the same case. The
527 child and the parent, legal guardian, or custodian of the child
528 may be examined separately and apart from each other.
529 (3) DISPOSITION HEARING.—
530 (a) At the disposition hearing, if the court finds that the
531 facts alleged in the petition of a child in need of services
532 were proven in the adjudicatory hearing, the court shall receive
533 and consider a predisposition study, which shall be in writing
534 and be presented by an authorized agent of the department or its
535 provider.
536 (a) The predisposition study shall cover:
537 1. All treatment and services that the parent, legal
538 guardian, or custodian and child received.
539 2. The love, affection, and other emotional ties existing
540 between the family parents and the child.
541 3. The capacity and disposition of the parents, legal
542 guardian, or custodian to provide the child with food, clothing,
543 medical care or other remedial care recognized and permitted
544 under the laws of this state in lieu of medical care, and other
545 material needs.
546 4. The length of time that the child has lived in a stable,
547 satisfactory environment and the desirability of maintaining
548 continuity.
549 5. The permanence, as a family unit, of the existing or
550 proposed custodial home.
551 6. The moral fitness of the parents, legal guardian, or
552 custodian.
553 7. The mental and physical health of the family.
554 8. The home, school, and community record of the child.
555 9. The reasonable preference of the child, if the court
556 deems the child to be of sufficient intelligence, understanding,
557 and experience to express a preference.
558 10. Any other factor considered by the court to be
559 relevant.
560 (b) The predisposition study also shall provide the court
561 with documentation regarding:
562 1. The availability of appropriate prevention, services,
563 and treatment for the parent, legal guardian, custodian, and
564 child to prevent the removal of the child from the home or to
565 reunify the child with the parent, legal guardian, or custodian
566 after removal or to reconcile the problems between the family
567 parent, guardian, or custodian and the child.;
568 2. The inappropriateness of other prevention, treatment,
569 and services that were available.;
570 3. The efforts by the department to prevent shelter out-of
571 home placement of the child or, when applicable, to reunify the
572 parent, legal guardian, or custodian if appropriate services
573 were available.;
574 4. Whether voluntary family the services were provided.;
575 5. If the voluntary family services and treatment were
576 provided, whether they were sufficient to meet the needs of the
577 child and the family and to enable the child to remain at home
578 or to be returned home.;
579 6. If the voluntary family services and treatment were not
580 provided, the reasons for such lack of provision.; and
581 7. The need for, or appropriateness of, continuing such
582 treatment and services if the child remains in the custody of
583 the parent, legal guardian, or custodian or if the child is
584 placed outside the home.
585 (c) If placement of the child with anyone other than the
586 child’s parent, guardian, or custodian is being considered, the
587 study shall include the designation of a specific length of time
588 as to when custody by the parent, guardian, or custodian shall
589 be reconsidered.
590 (d) A copy of this predisposition study shall be furnished
591 to the person having custody of the child at the time such
592 person is notified of the disposition hearing.
593 (e) After review of the predisposition study and other
594 relevant materials, the court shall hear from the parties and
595 consider all recommendations for court-ordered services,
596 evaluations, treatment and required actions designed to remedy
597 the child’s truancy, ungovernable behavior, or running away. The
598 court shall enter an order of disposition.
599
600 Any other relevant and material evidence, including other
601 written or oral reports, may be received by the court in its
602 effort to determine the action to be taken with regard to the
603 child and may be relied upon to the extent of its probative
604 value, even though not competent in an adjudicatory hearing.
605 Except as provided in paragraph (2)(c), nothing in this section
606 does not shall prohibit the publication of proceedings in a
607 hearing.
608 (4) REVIEW HEARINGS.—
609 (a) The court shall hold a review hearing within 45 days
610 after the disposition hearing. Additional review hearings may be
611 held as necessary, allowing sufficient time for the child and
612 family to work toward compliance with the court orders and
613 monitoring by the case manager. No longer than 90 days may
614 elapse between judicial review hearings but no less than 45 days
615 after the date of the last review hearing.
616 (b) The parent, legal guardian, or custodian and the child
617 shall be noticed to appear for the review hearing. The
618 department must appear at the review hearing. If the parent,
619 legal guardian, or custodian does not appear at a review
620 hearing, or if the court finds good cause to waive the child’s
621 presence, the court may proceed with the hearing and enter
622 orders that affect the child and family accordingly.
623 (c)(b) At the review hearings, the court shall consider the
624 department’s judicial review summary. The court shall close the
625 case if the child has substantially complied with the case plans
626 and court orders and no longer requires continued court
627 supervision, subject to the case being reopened. Upon request of
628 the petitioner, the court may close the case and relinquish
629 jurisdiction. If the child has significantly failed to comply
630 with the case plan or court orders, the child shall continue to
631 be a child in need of services and reviewed by the court as
632 needed. At review hearings, the court may enter further orders
633 to adjust the services case plan to address the family needs and
634 compliance with court orders, including, but not limited to,
635 ordering the child placed in shelter, but no less than 45 days
636 after the date of the last review hearing.
637 Section 24. Section 984.21, Florida Statutes, is amended to
638 read:
639 984.21 Orders of adjudication.—
640 (2)(1) If the court finds that the child named in a
641 petition is not a child in need of services, it shall enter an
642 order so finding and dismiss dismissing the case.
643 (2) If the court finds that the child named in the petition
644 is a child in need of services, but finds that no action other
645 than supervision in the home is required, it may enter an order
646 briefly stating the facts upon which its finding is based, but
647 withholding an order of adjudication and placing the child and
648 family under the supervision of the department. If the court
649 later finds that the parent, guardian, or custodian of the child
650 have not complied with the conditions of supervision imposed,
651 the court may, after a hearing to establish the noncompliance,
652 but without further evidence of the state of the child in need
653 of services, enter an order of adjudication and shall thereafter
654 have full authority under this chapter to provide for the child
655 as adjudicated.
656 (3) If the court finds by a preponderance of evidence that
657 the child named in a petition is a child in need of services,
658 but elects not to proceed under subsection (2), it shall
659 incorporate that finding in an order of adjudication entered in
660 the case, briefly stating the facts upon which the finding is
661 made, and the court shall thereafter have full authority under
662 this chapter to provide for the child as adjudicated.
663 (1)(4) An order of adjudication by a court that a child is
664 a child in need of services is a civil adjudication, and is
665 services shall not be deemed a conviction, nor shall the child
666 be deemed to have been found guilty or to be a delinquent or
667 criminal by reason of that adjudication, nor shall that
668 adjudication operate to impose upon the child any of the civil
669 disabilities ordinarily imposed by or resulting from conviction
670 or disqualify or prejudice the child in any civil service
671 application or appointment.
672 Section 25. Section 984.22, Florida Statutes, is amended to
673 read:
674 984.22 Powers of disposition.—
675 (1) If the court finds that services and treatment have not
676 been provided or used utilized by a child or family, the court
677 having jurisdiction of the child in need of services shall have
678 the power to direct the least intrusive and least restrictive
679 disposition, as follows:
680 (a) Order the parent, legal guardian, or custodian and the
681 child to participate in treatment, services, and any other
682 alternative identified as necessary.
683 (b) Order the parent, legal guardian, or custodian to pay a
684 fine or fee based on the recommendations of the department.
685 (2) When any child is adjudicated by the court to be a
686 child in need of services, the court having jurisdiction of the
687 child and parent, legal guardian, or custodian shall have the
688 power, by order, to:
689 (a) Place the child under the supervision of the
690 department’s authorized agent contracted provider of programs
691 and services for children in need of services and families in
692 need of services. The term “supervision,” for the purposes of
693 this section, means services as defined by the contract between
694 the department and the provider.
695 (b) Place the child in the temporary legal custody of an
696 adult willing to care for the child.
697 (c) Commit the child to a licensed child-caring agency
698 willing to receive the child and to provide services without
699 compensation from the department.
700 (d) Order the child, and, if the court finds it
701 appropriate, the parent, legal guardian, or custodian of the
702 child, to render community service in a public service program.
703 (e) Order the child placed in shelter pursuant to s.
704 984.225 or s. 984.226.
705 (3) When any child is adjudicated by the court to be a
706 child in need of services and temporary legal custody of the
707 child has been placed with an adult willing to care for the
708 child, or a licensed child-caring agency, the Department of
709 Juvenile Justice, or the Department of Children and Families,
710 the court shall order the natural or adoptive parents of such
711 child, including the natural father of such child born out of
712 wedlock who has acknowledged his paternity in writing before the
713 court, or the guardian of such child’s estate if possessed of
714 assets which under law may be disbursed for the care, support,
715 and maintenance of such child, to pay child support to the adult
716 relative caring for the child, the licensed child-caring agency,
717 the department of Juvenile Justice, or the Department of
718 Children and Families. When such order affects the guardianship
719 estate, a certified copy of such order shall be delivered to the
720 judge having jurisdiction of such guardianship estate. If the
721 court determines that the parent is unable to pay support,
722 placement of the child shall not be contingent upon issuance of
723 a support order. The department may employ a collection agency
724 to receive, collect, and manage for the purpose of receiving,
725 collecting, and managing the payment of unpaid and delinquent
726 fees. The collection agency must be registered and in good
727 standing under chapter 559. The department may pay to the
728 collection agency a fee from the amount collected under the
729 claim or may authorize the agency to deduct the fee from the
730 amount collected.
731 (4) All payments of fees made to the department under this
732 chapter, or child support payments made to the department
733 pursuant to subsection (3), shall be deposited in the General
734 Revenue Fund.
735 (4)(5) In carrying out the provisions of this chapter, the
736 court shall order the child, family, parent, legal guardian, or
737 custodian of a child who is found to be a child in need of
738 services to participate in family counseling and other
739 professional counseling activities or other alternatives deemed
740 necessary to address the needs for the rehabilitation of the
741 child and family.
742 (5)(6) The participation and cooperation of the family,
743 parent, legal guardian, or custodian, and the child with court
744 ordered services, treatment, or community service are mandatory,
745 not merely voluntary. The court may use its contempt powers to
746 enforce its orders order.
747 Section 26. Section 984.225, Florida Statutes, is amended
748 to read:
749 984.225 Powers of disposition; placement in a staff-secure
750 shelter.—
751 (1) Subject to specific legislative appropriation, The
752 court may order that a child adjudicated as a child in need of
753 services be placed in shelter to enforce the court’s orders, to
754 ensure the child attends school, to ensure the child receives
755 needed counseling, and to ensure the child adheres to a service
756 plan. While a child is in a shelter, the child shall receive
757 education commensurate with his or her grade level and
758 educational ability. The department, or the department’s
759 authorized agent, must verify to the court that a shelter bed is
760 available for the child. If the department or the department’s
761 authorized agent verifies that a bed is not available, the
762 department shall place the child’s name on a waiting list. The
763 child who has been on the waiting list the longest shall get the
764 next available bed. for up to 90 days in a staff-secure shelter
765 if:
766 (2) The court shall order the parent, legal guardian, or
767 custodian to cooperate with reunification efforts and
768 participate in counseling. If a parent, legal guardian, or
769 custodian prefers to arrange counseling or other services with a
770 private provider in lieu of using services provided by the
771 department, the family shall pay all costs associated with those
772 services.
773 (3) Placement of a child under this section is designed to
774 provide residential care on a temporary basis. Such placement
775 does not abrogate the legal responsibilities of the parent,
776 legal guardian, or custodian with respect to the child, except
777 to the extent that those responsibilities are temporarily
778 altered by court order.
779 (a) The court may order any child adjudicated a child in
780 need of services to be placed in shelter for up to 35 days.
781 (b) After other alternative, less restrictive, remedies
782 have been exhausted, the child may be placed in shelter for up
783 to 90 days if:
784 1.(a) The child’s parent, legal guardian, or legal
785 custodian refuses to provide food, clothing, shelter, and
786 necessary parental support for the child and the refusal is a
787 direct result of an established pattern of significant
788 disruptive behavior of the child in the home of the parent,
789 legal guardian, or legal custodian;
790 2.(b) The child refuses to remain under the reasonable care
791 and custody of the his or her parent, legal guardian, or legal
792 custodian, as evidenced by repeatedly running away and failing
793 to comply with a court order; or
794 3.(c) The child has failed to successfully complete an
795 alternative treatment program or to comply with a court-ordered
796 services sanction and the child has been placed in a shelter
797 residential program on at least one prior occasion pursuant to a
798 court order after the child has been adjudicated a child in need
799 of services under this chapter.
800 (4) The court shall review the child’s 90-day shelter
801 placement within 45 days after the child’s placement and
802 determine whether continued shelter is deemed necessary. The
803 court shall also determine whether the parent, legal guardian,
804 or custodian has reasonably participated in the child’s
805 counseling and treatment program, and is following the
806 recommendations of the program to work toward reunification. The
807 court shall also determine whether the department’s
808 reunification efforts have been reasonable. If the court finds
809 an inadequate level of support or participation by the parent,
810 legal guardian, or custodian before the end of the shelter
811 commitment period, the court shall direct a staffing to take
812 place with the Department of Children and Families.
813 (2) This section applies after other alternative, less
814 restrictive remedies have been exhausted. The court may order
815 that a child be placed in a staff-secure shelter. The
816 department, or an authorized representative of the department,
817 must verify to the court that a bed is available for the child.
818 If the department or an authorized representative of the
819 department verifies that a bed is not available, the department
820 will place the child’s name on a waiting list. The child who has
821 been on the waiting list the longest will get the next available
822 bed.
823 (3) The court shall order the parent, guardian, or legal
824 custodian to cooperate with efforts to reunite the child with
825 the family, participate in counseling, and pay all costs
826 associated with the care and counseling provided to the child
827 and family, in accordance with the family’s ability to pay as
828 determined by the court. Commitment of a child under this
829 section is designed to provide residential care on a temporary
830 basis. Such commitment does not abrogate the legal
831 responsibilities of the parent, guardian, or legal custodian
832 with respect to the child, except to the extent that those
833 responsibilities are temporarily altered by court order.
834 (4) While a child is in a staff-secure shelter, the child
835 shall receive education commensurate with his or her grade level
836 and educational ability.
837 (5) If a child has not been reunited with his or her
838 parent, legal guardian, or legal custodian at the expiration of
839 the 90-day commitment period, the court may order that the child
840 remain in the staff-secure shelter for an additional 30 days if
841 the court finds that reunification could be achieved within that
842 period.
843 (6) The department is deemed to have exhausted the
844 reasonable remedies offered under this chapter if, at the end of
845 the 90-day shelter commitment period, the parent, legal
846 guardian, or legal custodian continues to refuse to allow the
847 child to remain at home or creates unreasonable conditions for
848 the child’s return. If, at the end of the 90-day shelter
849 commitment period, the child is not reunited with his or her
850 parent, legal guardian, or custodian due solely to the continued
851 refusal of the parent, legal guardian, or custodian to provide
852 food, clothing, shelter, and parental support, the child is
853 considered to be threatened with harm as a result of such acts
854 or omissions, and the court shall direct that the child be
855 handled in every respect as a dependent child. Jurisdiction
856 shall be transferred to the custody of the Department of
857 Children and Families, and the child’s care shall be governed
858 under the relevant provisions of chapter 39. The department
859 shall coordinate with the Department of Children and Families as
860 provided in s. 984.086. The clerk of court shall serve the
861 Department of Children and Families with any court order of
862 referral.
863 (7) The court shall review the child’s commitment once
864 every 45 days as provided in s. 984.20. The court shall
865 determine whether the parent, guardian, or custodian has
866 reasonably participated in and financially contributed to the
867 child’s counseling and treatment program. The court shall also
868 determine whether the department’s efforts to reunite the family
869 have been reasonable. If the court finds an inadequate level of
870 support or participation by the parent, guardian, or custodian
871 prior to the end of the commitment period, the court shall
872 direct that the child be handled in every respect as a dependent
873 child. Jurisdiction shall be transferred to the Department of
874 Children and Families, and the child’s care shall be governed
875 under the relevant provisions of chapter 39.
876 (6)(8) If the child requires residential mental health
877 treatment or residential care for a developmental disability,
878 the court shall refer the child to the Agency for Persons with
879 Disabilities or to the Department of Children and Families for
880 the provision of necessary services.
881
882 ================= T I T L E A M E N D M E N T ================
883 And the title is amended as follows:
884 Delete lines 104 - 105
885 and insert:
886 and Families under certain circumstances; requiring a
887 court to refer a child to the Agency for Persons with