Florida Senate - 2025 CS for CS for CS for SB 1344
By the Committee on Fiscal Policy; the Appropriations Committee
on Criminal and Civil Justice; the Committee on Criminal
Justice; and Senator Simon
594-03712-25 20251344c3
1 A bill to be entitled
2 An act relating to juvenile justice; renaming ch. 984,
3 F.S.; amending s. 984.01, F.S.; revising the purposes
4 and intent of ch. 984, F.S.; amending s. 984.02, F.S.;
5 revising the legislative intent for prevention and
6 intervention; amending s. 984.03, F.S.; providing and
7 revising definitions; amending s. 984.04, F.S.;
8 deleting legislative intent; revising requirements for
9 early truancy intervention; amending s. 984.06, F.S.;
10 revising provisions concerning preservation of records
11 and confidential information; amending s. 984.07,
12 F.S.; providing for appointment of counsel in certain
13 circumstances; providing for payment of counsel;
14 providing for imposition of costs of appointed counsel
15 on nonindigent parents in certain circumstances;
16 providing for appointment of counsel to represent a
17 parent or guardian in certain circumstances; amending
18 s. 984.071, F.S.; revising provisions concerning
19 production of an information guide concerning juvenile
20 procedures; requiring specified departments to post
21 the information guide on their websites; repealing s.
22 984.08, F.S., relating to attorney fees; repealing s.
23 984.085, F.S., relating to sheltering and aiding
24 unmarried minors; creating s. 984.0861, F.S.;
25 prohibiting the use of detention for specified
26 purposes; amending s. 984.09, F.S.; revising
27 provisions for a child’s punishment for contempt of
28 court; limiting periods for placement for direct
29 contempt or indirect contempt; revising procedures for
30 procedure and due process; amending s. 984.10, F.S.;
31 authorizing an authorized agent of the Department of
32 Juvenile Justice to perform intake; revising
33 provisions concerning referrals for service; requiring
34 the abuse hotline to be contacted in certain
35 circumstances; authorizing a child to remain in
36 custody in certain circumstances; conforming a cross
37 reference; amending s. 984.11, F.S.; requiring that an
38 array of voluntary family services be available to
39 remediate specified problems; providing that certain
40 families are not eligible for voluntary family
41 services; providing eligibility for children in
42 certain circumstances if the Department of Children
43 and Families agrees; providing for an interagency
44 agreement to govern such referrals; requiring parents
45 to use health care insurance to the extent that it is
46 available; deleting provisions concerning collection
47 of fees; amending s. 984.12, F.S.; revising provisions
48 related to case staffing and to services and treatment
49 related to a family in need of services; amending s.
50 984.13, F.S.; authorizing that a child be taken into
51 custody pursuant to a finding of contempt; specifying
52 placement of a child taken into custody in specified
53 circumstances; revising the duties of a person taking
54 a child into custody; amending s. 984.14, F.S.;
55 revising provisions concerning voluntary shelter
56 services and placement of children in such services;
57 deleting provisions concerning involuntary placement
58 in a shelter; amending s. 984.15, F.S.; revising
59 requirements for petitions for a child in need of
60 services; conforming a cross-reference and provisions
61 to changes made by the act; amending s. 984.151, F.S.;
62 providing for early truancy intervention; providing
63 for additional services to be ordered if a student is
64 found to be a truant status offender; revising
65 provisions concerning compliance; providing for
66 applicability in cases in which a student is found to
67 be a child in need of services; providing for
68 retention of jurisdiction by courts; providing an
69 exception; providing for service of court orders on
70 specified entities; amending s. 984.16, F.S.;
71 requiring that a student’s school receive notice of
72 certain actions by courts; amending s. 984.17, F.S.;
73 specifying when a guardian ad litem may be appointed;
74 revising provisions concerning representation of the
75 Department of Juvenile Justice in cases in which a
76 child is alleged to be in need of services; repealing
77 s. 984.18, F.S., relating to referral of child-in
78 need-of-services cases to mediation; amending s.
79 984.19, F.S.; providing that an authorized agent of
80 the department may have a medical screening provided
81 for a child placed in shelter care; revising
82 provisions concerning consent for medical care for a
83 child in the care of the department; amending s.
84 984.20, F.S.; revising provisions for hearings in
85 child in need of services cases; providing that the
86 failure of a person served with notice to appear at
87 the arraignment hearing constitutes the person’s
88 consent to the child in need of services petition;
89 requiring a specified notice in such petitions;
90 conforming a cross-reference; amending s. 984.21,
91 F.S.; specifying that an order of adjudication by a
92 court that a child is a child in need of services is a
93 civil adjudication and not a conviction; deleting
94 provisions allowing a court to withhold an
95 adjudication that a child is a child in need of
96 services in certain cases; amending s. 984.22, F.S.;
97 conforming provisions to changes made by the act;
98 deleting provisions on the deposit of fees received;
99 amending s. 984.225, F.S.; revising when a child in
100 need of services may be placed in a shelter; revising
101 placement procedures; providing for counseling orders;
102 specifying the effect of a placement on the legal
103 responsibilities of a parent, guardian, or custodian;
104 providing limits for shelter stays; deleting
105 provisions concerning exhaustion of less restrictive
106 alternatives; providing for periodic review of
107 placements; requiring a court to direct a staffing to
108 take place with the Department of Children and
109 Families under certain circumstances; requiring a
110 court to refer a child to the Agency for Persons with
111 Disabilities in certain circumstances; amending s.
112 984.226, F.S.; authorizing contracting for physically
113 secure shelters; deleting provisions on representation
114 in certain proceedings; requiring exhaustion of less
115 restrictive placements before a child may be placed in
116 a physically secure shelter; providing a time limit on
117 secure shelter orders; providing legislative intent;
118 revising provisions concerning review of secure
119 shelter placements; providing for transfer to shelter
120 placements in certain circumstances; requiring a court
121 to direct a staffing to take place with the department
122 under certain circumstances; providing for the
123 transfer of a child to the Agency for Persons with
124 Disabilities in certain circumstances; transferring
125 and renumbering s. 985.731, F.S., as s. 787.035, F.S.,
126 relating to offenses concerning providing sheltering
127 unmarried minors and aiding unmarried minor runaways;
128 providing criminal penalties; amending s. 985.03,
129 F.S.; revising the definition of the term “child who
130 has been found to have committed a delinquent act”;
131 amending s. 985.24, F.S.; prohibiting placement of a
132 child subject to certain proceedings into secure
133 detention care; amending s. 1003.26, F.S.; authorizing
134 that certain meetings with parents may be conducted
135 virtually or by telephone; providing for child study
136 team meetings in the absence of a parent, legal
137 guardian, or custodian or child; revising
138 interventions by such team; providing for promotion of
139 a child who is responsive to intervention and meets
140 specified requirements; revising provisions concerning
141 required notice of a child’s enrollment or attendance
142 issues; revising provisions concerning returning a
143 student to a parent or other party in certain
144 circumstances; amending s. 1003.27, F.S.; revising
145 reporting requirements for reports by school
146 principals to school boards concerning minor students
147 who accumulate more than a specified number of
148 absences; requiring actions by school boards;
149 providing for remedial actions for failure to comply;
150 revising provisions concerning habitual truancy cases;
151 revising provisions concerning cooperative agreements;
152 revising who may begin certain proceedings and
153 prosecutions; deleting a provision concerning a civil
154 penalty for students; revising provisions concerning
155 truant students; amending s. 381.02035, F.S.;
156 authorizing pharmacists employed by the Department of
157 Juvenile Justice to import drugs from Canada under a
158 specified program; amending s. 790.22, F.S.; revising
159 provisions concerning the treatment of a finding that
160 a minor violated specified provisions, regardless of
161 whether adjudication was withheld, for the purposes of
162 determining whether a prior offense was committed;
163 amending s. 985.12, F.S.; deleting a requirement that
164 the Department of Juvenile Justice annually develop
165 and produce best practice models for prearrest
166 delinquency citation programs; amending s. 985.126,
167 F.S.; revising the requirements for a quarterly report
168 on prearrest citation programs; amending s. 985.25,
169 F.S.; providing for supervised release or detention of
170 a child despite the child’s risk assessment score in
171 certain circumstances; limiting the number of
172 categories that a child may be moved; amending s.
173 985.433, F.S.; requiring that a child be placed on
174 conditional release rather than probation following
175 discharge from commitment; repealing s. 985.625, F.S.,
176 relating to literacy programs for juvenile offenders;
177 amending s. 985.632, F.S.; deleting a provision
178 regarding development of a cost-effectiveness model
179 and application of the model to each commitment
180 program; amending ss. 95.11, 409.2564, 419.001,
181 744.309, 784.075, and 985.618, F.S.; conforming cross
182 references and provisions to changes made by the act;
183 providing an effective date.
184
185 Be It Enacted by the Legislature of the State of Florida:
186
187 Section 1. Chapter 984, Florida Statutes, entitled
188 “Children and Families in Need of Services,” is renamed
189 “Children and Families in Need of Services; Prevention and
190 Intervention for School Truancy and Ungovernable and Runaway
191 Children.”
192 Section 2. Section 984.01, Florida Statutes, is amended to
193 read:
194 984.01 Purposes and intent; personnel standards and
195 screening.—
196 (1) The purposes of this chapter are:
197 (a) To provide judicial, nonjudicial, and other procedures
198 to address the status offenses of children who are truant from
199 school, run away from their caregivers, or exhibit ungovernable
200 behavior by refusing to follow the household rules of their
201 caregivers and engage in behavior that places the child at risk
202 of harm; and to ensure assure due process through which children
203 and other interested parties are assured fair hearings by a
204 respectful and respected court or other tribunal and the
205 recognition, protection, and enforcement of their constitutional
206 and other legal rights, while ensuring that public safety
207 interests and the authority and dignity of the courts are
208 adequately protected.
209 (b) To provide for the care, safety, and protection of
210 children in an environment that cultivates fosters healthy
211 social, emotional, intellectual, and physical development; to
212 ensure the safety of children secure and safe custody; and to
213 promote the education, health, and well-being of all children
214 under the state’s care.
215 (c) To provide ensure the protection of society, by
216 providing for a needs comprehensive standardized assessment of
217 the child’s needs, strengths, and family dynamics so that the
218 most appropriate services control, discipline, punishment, and
219 treatment can be provided in the most appropriate environment
220 administered consistent with the seriousness of the act
221 committed, the community’s long-term need for public safety and
222 the safety of the individual child, with consideration given to
223 the education and overall well-being, the prior record of the
224 child, and the specific rehabilitation needs of the child, while
225 also providing restitution, whenever possible, to the victim of
226 the offense.
227 (d) To preserve and strengthen the child’s family ties
228 whenever possible; provide for temporary shelter placement of
229 the child only when necessary for the child’s education, safety,
230 and welfare and when other less restrictive alternatives have
231 been exhausted; provide, by providing for removal of the child
232 from parental custody only when his or her welfare or the safety
233 and protection of the public cannot be adequately safeguarded
234 without such removal; and, when the child is removed from his or
235 her own family, to secure custody, care, and education;
236 encourage self-discipline; and increase protective factors when
237 the child is in temporary shelter placement discipline for the
238 child as nearly as possible equivalent to that which should have
239 been given by the parents; and to assure, in all cases in which
240 a child must be permanently removed from parental custody, that
241 the child be placed in an approved family home, adoptive home,
242 independent living program, or other placement that provides the
243 most stable and permanent living arrangement for the child, as
244 determined by the court.
245 (e)1. To ensure assure that the adjudication and
246 disposition of a child alleged or found to be a child in need of
247 services have committed a violation of Florida law be exercised
248 with appropriate discretion and in keeping with the seriousness
249 of the misconduct offense and the need for treatment services,
250 and that all findings made under this chapter be based upon
251 facts presented at a hearing that meets the constitutional
252 standards of fundamental fairness and due process.
253 2. To assure that the sentencing and placement of a child
254 tried as an adult be appropriate and in keeping with the
255 seriousness of the offense and the child’s need for
256 rehabilitative services, and that the proceedings and procedures
257 applicable to such sentencing and placement be applied within
258 the full framework of constitutional standards of fundamental
259 fairness and due process.
260 (f) To provide a court process through which school boards
261 are able to access the court for the limited purpose of early
262 truancy intervention for children, subject to compulsory
263 education, who are not engaging in regular school attendance,
264 and encourage school attendance by educating children and their
265 families on the importance of regular school attendance and
266 provide services to families to prevent the child’s pattern of
267 truancy from becoming habitual children committed to the
268 Department of Juvenile Justice with training in life skills,
269 including career education.
270 (2) The department of Juvenile Justice or the Department of
271 Children and Families, as appropriate, may contract with the
272 Federal Government, other state departments and agencies, county
273 and municipal governments and agencies, public and private
274 agencies, and private individuals and corporations in carrying
275 out the purposes of, and the responsibilities established in,
276 this chapter.
277 (a) If the department contracts with a provider for any
278 program for children, all personnel, including owners,
279 operators, employees, and volunteers, in the facility must be of
280 good moral character. The Each contract entered into by either
281 department and any agency providing services for the department
282 must require that each contract entered into for services
283 delivered on an appointment or intermittent basis by a provider
284 that does or does not have regular custodial responsibility for
285 children and each contract with a school for before or aftercare
286 services must ensure that the owners, operators, and all
287 personnel who have direct contact with children are of good
288 moral character and must meet level 2 screening requirements as
289 described in s. 435.04. A volunteer who assists on an
290 intermittent basis for less than 10 hours per month need not be
291 screened if a person who meets the screening requirement of this
292 section is always present and has the volunteer in his or her
293 line of sight.
294 (b) The department of Juvenile Justice and the Department
295 of Children and Families shall require employment screening
296 pursuant to chapter 435, using the level 2 standards set forth
297 in that chapter for personnel in programs for children or
298 youths.
299 (b)(c) The department of Juvenile Justice or the Department
300 of Children and Families may grant exemptions from
301 disqualification from working with children as provided in s.
302 435.07.
303 (c) Any shelter used for the placement of children under
304 this chapter must be licensed by the Department of Children and
305 Families.
306 (3) It is the intent of the Legislature that This chapter
307 is to be liberally interpreted and construed in conformity with
308 its declared purposes.
309 Section 3. Section 984.02, Florida Statutes, is amended to
310 read:
311 984.02 Legislative intent for prevention and intervention
312 under chapter 984 the juvenile justice system.—
313 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
314 the Legislature that the children of this state be provided with
315 the following protections:
316 (a) Protection from abuse, neglect, and exploitation.
317 (b) A permanent and stable home.
318 (c) A safe and nurturing environment which will preserve a
319 sense of personal dignity and integrity.
320 (d) Adequate nutrition, shelter, and clothing.
321 (e) Effective services or treatment to address physical,
322 social, and emotional needs, regardless of geographical
323 location.
324 (f) Equal opportunity and access to quality and effective
325 education which will meet the individual needs of each child and
326 prepare the child for future employment, and to recreation and
327 other community resources to develop individual abilities.
328 (g) Access to preventive services to provide the child and
329 family the support of community resources to address the needs
330 of the child and reduce the risk of harm or engaging in
331 delinquent behavior.
332 (h) Court An independent, trained advocate when
333 intervention only when is necessary to address at-risk behavior
334 before the behavior escalates into harm to the child or to the
335 community through delinquent behavior.
336 (i) Access to representation by a trained advocate when
337 court proceedings are initiated under this chapter.
338 (j) Supervision and services by skilled staff when
339 temporary out-of-home placement is necessary and a skilled
340 guardian or caretaker in a safe environment when alternative
341 placement is necessary.
342 (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
343 children in the care of the state’s juvenile justice and
344 intervention dependency and delinquency systems need appropriate
345 health care services and, that the impact of substance abuse on
346 health requires indicates the need for health care services to
347 include substance abuse services when where appropriate., and
348 that It is in the state’s best interest that such children be
349 provided the services they need to enable them to become and
350 remain independent of state care. In order to provide these
351 services, the state’s juvenile justice and intervention
352 dependency and delinquency systems must have the ability to
353 identify and make referrals to experts capable of providing
354 provide appropriate intervention and treatment for children with
355 personal or family-related substance abuse problems. It is
356 therefore the purpose of the Legislature to provide authority
357 for the state to contract with community substance abuse
358 treatment providers for the development and operation of
359 specialized support and overlay services for the juvenile
360 justice and intervention dependency and delinquency systems,
361 subject to legislative appropriation, which will be fully
362 implemented and utilized as resources permit. This section does
363 not prevent agencies from referring children and families to
364 privately operated community service providers to the extent the
365 families have funding or insurance to provide care.
366 (3) JUVENILE JUSTICE AND INTERVENTION DELINQUENCY
367 PREVENTION.—It is the policy of the state regarding with respect
368 to juvenile justice and intervention delinquency prevention to
369 first protect the public from acts of delinquency. In addition,
370 it is the policy of the state to:
371 (a) Develop and implement effective methods of preventing
372 and reducing acts of delinquency, with a focus on maintaining
373 and strengthening the family as a whole so that children may
374 remain in their homes or communities.
375 (b) Develop and implement effective programs to prevent
376 delinquency, to divert children from the traditional juvenile
377 justice system, to intervene at an early stage of delinquency,
378 and to provide critically needed alternatives to
379 institutionalization and deep-end commitment.
380 (c) Provide well-trained personnel, high-quality services,
381 and cost-effective programs within the juvenile justice system.
382 (d) Increase the capacity of local governments and public
383 and private agencies to conduct rehabilitative treatment
384 programs and to provide research, evaluation, and training
385 services for in the field of juvenile delinquency prevention.
386 (e) Develop and implement effective early prevention
387 programs to address truancy and ungovernable and runaway
388 behavior of children which places the child at risk of harm, and
389 allow for intervention before the child engages in a delinquent
390 act.
391
392 The Legislature intends that temporary shelter detention care,
393 in addition to providing safe care secure and safe custody, will
394 promote the health and well-being of the children placed therein
395 committed thereto and provide an environment that fosters their
396 social, emotional, intellectual, and physical development.
397 (4) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
398 Parents, custodians, and guardians are deemed by the state to be
399 responsible for providing their children with sufficient
400 support, guidance, and supervision to deter their participation
401 in delinquent acts, and ensure their children attend school and
402 engage in education to prepare their child for their future. The
403 state further recognizes that the ability of parents,
404 custodians, and guardians to fulfill those responsibilities can
405 be greatly impaired by economic, social, behavioral, emotional,
406 and related problems. It is therefore the policy of the
407 Legislature that it is the state’s responsibility to ensure that
408 factors impeding the ability of caretakers to fulfill their
409 responsibilities are identified and appropriate recommendations
410 are provided to address those impediments through the provision
411 of nonjudicial voluntary family services for families in need of
412 services and through the child in need of services court
413 processes delinquency intake process and that appropriate
414 recommendations to address those problems are considered in any
415 judicial or nonjudicial proceeding.
416 (5) PROVISION OF SERVICES.-Services to families shall be
417 provided on a continuum of increasing intensity and
418 participation by the parent, legal guardian, or custodian and
419 child. Judicial intervention to resolve the problems and
420 conflicts that exist within a family shall be limited to
421 situations in which a resolution to the problem or conflict has
422 not been achieved through individual and family services after
423 all available less restrictive resources have been exhausted. In
424 creating this chapter, the Legislature recognizes the need to
425 distinguish the problems of truants, runaways, and children
426 beyond the control of their parents, and the services provided
427 to these children, from the problems and services designed to
428 meet the needs of abandoned, abused, neglected, and delinquent
429 children. In achieving this distinction, it is the policy of the
430 state to develop short-term services using the least restrictive
431 method for children and families, early truancy intervention,
432 and children in need of services.
433 Section 4. Section 984.03, Florida Statutes, is amended to
434 read:
435 984.03 Definitions.—When used in this chapter, the term:
436 (1) “Abandoned” or “abandonment” has the same meaning as in
437 s. 39.01(1) means a situation in which the parent or legal
438 custodian of a child or, in the absence of a parent or legal
439 custodian, the person responsible for the child’s welfare, while
440 being able, makes no provision for the child’s support and makes
441 no effort to communicate with the child, which situation is
442 sufficient to evince a willful rejection of parental
443 obligations. If the efforts of such parent or legal custodian,
444 or person primarily responsible for the child’s welfare to
445 support and communicate with the child are, in the opinion of
446 the court, only marginal efforts that do not evince a settled
447 purpose to assume all parental duties, the court may declare the
448 child to be abandoned. The term “abandoned” does not include a
449 “child in need of services” as defined in subsection (9) or a
450 “family in need of services” as defined in subsection (25). The
451 incarceration of a parent, legal custodian, or person
452 responsible for a child’s welfare does not constitute a bar to a
453 finding of abandonment.
454 (2) “Abuse” has the same meaning as in s. 39.01(2) means
455 any willful act that results in any physical, mental, or sexual
456 injury that causes or is likely to cause the child’s physical,
457 mental, or emotional health to be significantly impaired.
458 Corporal discipline of a child by a parent or guardian for
459 disciplinary purposes does not in itself constitute abuse when
460 it does not result in harm to the child as defined in s. 39.01.
461 (3) “Addictions receiving facility” means a substance abuse
462 service provider as defined in chapter 397.
463 (3)(4) “Adjudicatory hearing” means a hearing for the court
464 to determine whether or not the facts support the allegations
465 stated in the petition as is provided for under s. 984.20(2) in
466 child in need of services child-in-need-of-services cases.
467 (4)(5) “Adult” means any natural person other than a child.
468 (5)(6) “Authorized agent” or “designee” of the department
469 means a person or agency assigned or designated by the
470 Department of Juvenile Justice or the Department of Children and
471 Families, as appropriate, to perform duties or exercise powers
472 pursuant to this chapter and includes contract providers and
473 subcontracted providers and their employees for purposes of
474 providing voluntary family services, and providing court-ordered
475 services to and managing cases of children in need of services
476 and families in need of services.
477 (7) “Caretaker/homemaker” means an authorized agent of the
478 Department of Children and Families who shall remain in the
479 child’s home with the child until a parent, legal guardian, or
480 relative of the child enters the home and is capable of assuming
481 and agrees to assume charge of the child.
482 (6)(8) “Child” or “juvenile” or “youth” means any unmarried
483 person under the age of 18 who has not been emancipated by order
484 of the court and who has been found or alleged to be dependent,
485 in need of services, or from a family in need of services; or
486 any married or unmarried person who is charged with a violation
487 of law occurring prior to the time that person reached the age
488 of 18 years.
489 (7)(9) “Child in need of services” means a child for whom
490 there is no pending petition filed with the court investigation
491 into an allegation or suspicion of abuse, neglect, or
492 abandonment; no pending referral alleging the child is
493 delinquent; or no current court-ordered supervision by the
494 department for delinquency under chapter 985 of Juvenile Justice
495 or court-ordered supervision by the Department of Children and
496 Families under chapter 39 for an adjudication of dependency or
497 delinquency. The child must also, pursuant to this chapter, be
498 found by the court:
499 (a) To have persistently run away from the child’s parents,
500 or legal guardians, or custodians despite reasonable efforts of
501 the child, the parents, or legal guardians, or custodians, and
502 appropriate agencies to remedy the conditions contributing to
503 the behavior. Reasonable efforts shall include voluntary
504 participation by the child’s parents or legal guardian, or
505 custodians and the child in family mediation, voluntary
506 services, and treatment offered by the department or through its
507 authorized agent of Juvenile Justice or the Department of
508 Children and Families;
509 (b) To be a habitual habitually truant from school, while
510 subject to compulsory school attendance, despite reasonable
511 efforts to remedy the situation pursuant to ss. 1003.26 and
512 1003.27 and through voluntary participation by the child’s
513 parents or legal custodians and by the child in family
514 mediation, services, and treatment offered by the department or
515 its authorized agent of Juvenile Justice or the Department of
516 Children and Families; or
517 (c) To be ungovernable by having have persistently
518 disobeyed the reasonable and lawful rules and demands of the
519 child’s parents, or legal guardians, or custodians, and to be
520 beyond their control despite the child having the mental and
521 physical capacity to understand and obey lawful rules and
522 demands, and despite efforts by the child’s parents, or legal
523 guardians, or custodians and appropriate agencies to remedy the
524 conditions contributing to the behavior. Reasonable efforts may
525 include such things as good faith participation in voluntary
526 family services or individual services counseling.
527 (10) “Child support” means a court-ordered obligation,
528 enforced under chapter 61 and ss. 409.2551-409.2597, for
529 monetary support for the care, maintenance, training, and
530 education of a child.
531 (11) “Child who has been found to have committed a
532 delinquent act” means a child who, pursuant to the provisions of
533 chapter 985, is found by a court to have committed a violation
534 of law or to be in direct or indirect contempt of court, except
535 that this definition shall not include an act constituting
536 contempt of court arising out of a dependency proceeding or a
537 proceeding pursuant to this chapter.
538 (12) “Child who is found to be dependent” or “dependent
539 child” means a child who, pursuant to this chapter, is found by
540 the court:
541 (a) To have been abandoned, abused, or neglected by the
542 child’s parents or other custodians.
543 (b) To have been surrendered to the former Department of
544 Health and Rehabilitative Services, the Department of Children
545 and Families, or a licensed child-placing agency for purpose of
546 adoption.
547 (c) To have been voluntarily placed with a licensed child
548 caring agency, a licensed child-placing agency, an adult
549 relative, the former Department of Health and Rehabilitative
550 Services, or the Department of Children and Families, after
551 which placement, under the requirements of this chapter, a case
552 plan has expired and the parent or parents have failed to
553 substantially comply with the requirements of the plan.
554 (d) To have been voluntarily placed with a licensed child
555 placing agency for the purposes of subsequent adoption and a
556 natural parent or parents signed a consent pursuant to the
557 Florida Rules of Juvenile Procedure.
558 (e) To have no parent, legal custodian, or responsible
559 adult relative to provide supervision and care.
560 (f) To be at substantial risk of imminent abuse or neglect
561 by the parent or parents or the custodian.
562 (8)(13) “Circuit” means any of the 20 judicial circuits as
563 set forth in s. 26.021.
564 (14) “Comprehensive assessment” or “assessment” means the
565 gathering of information for the evaluation of a juvenile
566 offender’s or a child’s physical, psychological, educational,
567 vocational, and social condition and family environment as they
568 relate to the child’s need for rehabilitative and treatment
569 services, including substance abuse treatment services, mental
570 health services, developmental services, literacy services,
571 medical services, family services, and other specialized
572 services, as appropriate.
573 (9)(15) “Court,” unless otherwise expressly stated, means
574 the circuit court assigned to exercise jurisdiction under this
575 chapter.
576 (10) “Custodian” means any adult person who is exercising
577 actual physical custody of the child and is providing food,
578 clothing, and care for the child in the absence of a parent or
579 legal guardian.
580 (16) “Delinquency program” means any intake, community
581 control, or similar program; regional detention center or
582 facility; or community-based program, whether owned and operated
583 by or contracted by the Department of Juvenile Justice, or
584 institution owned and operated by or contracted by the
585 Department of Juvenile Justice, which provides intake,
586 supervision, or custody and care of children who are alleged to
587 be or who have been found to be delinquent pursuant to chapter
588 985.
589 (11)(17) “Department” means the Department of Juvenile
590 Justice.
591 (18) “Detention care” means the temporary care of a child
592 in secure, nonsecure, or home detention, pending a court
593 adjudication or disposition or execution of a court order. There
594 are three types of detention care, as follows:
595 (a) “Secure detention” means temporary custody of the child
596 while the child is under the physical restriction of a detention
597 center or facility pending adjudication, disposition, or
598 placement.
599 (b) “Nonsecure detention” means temporary custody of the
600 child while the child is in a residential home in the community
601 in a physically nonrestrictive environment under the supervision
602 of the Department of Juvenile Justice pending adjudication,
603 disposition, or placement.
604 (c) “Home detention” means temporary custody of the child
605 while the child is released to the custody of the parent,
606 guardian, or custodian in a physically nonrestrictive
607 environment under the supervision of the Department of Juvenile
608 Justice staff pending adjudication, disposition, or placement.
609 (19) “Detention center or facility” means a facility used
610 pending court adjudication or disposition or execution of court
611 order for the temporary care of a child alleged or found to have
612 committed a violation of law. A detention center or facility may
613 provide secure or nonsecure custody. A facility used for the
614 commitment of adjudicated delinquents shall not be considered a
615 detention center or facility.
616 (20) “Detention hearing” means a hearing for the court to
617 determine if a child should be placed in temporary custody, as
618 provided for under s. 39.402, in dependency cases.
619 (21) “Diligent efforts of social service agency” means
620 reasonable efforts to provide social services or reunification
621 services made by any social service agency as defined in this
622 section that is a party to a case plan.
623 (22) “Diligent search” means the efforts of a social
624 service agency to locate a parent or prospective parent whose
625 identity or location is unknown, or a relative made known to the
626 social services agency by the parent or custodian of a child.
627 When the search is for a parent, prospective parent, or relative
628 of a child in the custody of the department, this search must be
629 initiated as soon as the agency is made aware of the existence
630 of such parent, prospective parent, or relative. A diligent
631 search shall include interviews with persons who are likely to
632 have information about the identity or location of the person
633 being sought, comprehensive database searches, and records
634 searches, including searches of employment, residence,
635 utilities, Armed Forces, vehicle registration, child support
636 enforcement, law enforcement, and corrections records, and any
637 other records likely to result in identifying and locating the
638 person being sought. The initial diligent search must be
639 completed within 90 days after a child is taken into custody.
640 After the completion of the initial diligent search, the
641 department, unless excused by the court, shall have a continuing
642 duty to search for relatives with whom it may be appropriate to
643 place the child, until such relatives are found or until the
644 child is placed for adoption.
645 (12)(23) “Disposition hearing” means a hearing in which the
646 court determines the most appropriate dispositional services in
647 the least restrictive available setting provided for under s.
648 984.20(3), in child in need of services child-in-need-of
649 services cases.
650 (13) “Early truancy intervention” means action taken by a
651 school or school district pursuant to s. 1003.26 to identify a
652 pattern of nonattendance by a student subject to compulsory
653 school attendance at the earliest opportunity to address the
654 reasons for the student’s nonattendance, and includes services
655 provided by the school or school district, or the department or
656 its authorized agent pursuant to s. 984.11, and may include
657 judicial action pursuant to s. 984.151 or s. 1003.27.
658 (14)(24) “Family” means a collective body of persons,
659 consisting of a child and a parent, legal guardian, adult
660 custodian, or adult relative, in which:
661 (a) The persons reside in the same house or living unit; or
662 (b) The parent, legal guardian, adult custodian, or adult
663 relative has a legal responsibility by blood, marriage, or court
664 order to support or care for the child.
665 (15)(25) “Family in need of services” means a family that
666 has a child who is running away; who is ungovernable and
667 persistently disobeying reasonable and lawful demands of the
668 parent or legal custodian and is beyond the control of the
669 parent or legal custodian; or who is a habitual habitually
670 truant from school or engaging in other serious behaviors that
671 place the child at risk of future abuse, neglect, or abandonment
672 or at risk of entering the juvenile justice system. The child
673 must be referred to a law enforcement agency, the department of
674 Juvenile Justice, or an agency contracted to provide services to
675 children in need of services. A family is not eligible to
676 receive voluntary family services if, at the time of the
677 referral, there is an open investigation into an allegation of
678 abuse, neglect, or abandonment or if the child is currently
679 under court-ordered supervision by the department for
680 delinquency under chapter 985 or under court-ordered supervision
681 by of Juvenile Justice or the Department of Children and
682 Families under chapter 39 due to an adjudication of dependency
683 or delinquency.
684 (26) “Foster care” means care provided a child in a foster
685 family or boarding home, group home, agency boarding home, child
686 care institution, or any combination thereof.
687 (16)(27) “Habitual Habitually truant” has the same meaning
688 as in s. 1003.01(12). means that:
689 (a) The child has 15 unexcused absences within 90 calendar
690 days with or without the knowledge or justifiable consent of the
691 child’s parent or legal guardian, is subject to compulsory
692 school attendance under s. 1003.21(1) and (2)(a), and is not
693 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
694 specified by law or the rules of the State Board of Education.
695 (b) Activities to determine the cause, and to attempt the
696 remediation, of the child’s truant behavior under ss. 1003.26
697 and 1003.27(3), have been completed.
698
699 If a child who is subject to compulsory school attendance is
700 responsive to the interventions described in ss. 1003.26 and
701 1003.27(3) and has completed the necessary requirements to pass
702 the current grade as indicated in the district pupil progression
703 plan, the child shall not be determined to be habitually truant
704 and shall be passed. If a child within the compulsory school
705 attendance age has 15 unexcused absences within 90 calendar days
706 or fails to enroll in school, the State Attorney may, or the
707 appropriate jurisdictional agency shall, file a child-in-need
708 of-services petition if recommended by the case staffing
709 committee, unless it is determined that another alternative
710 action is preferable. The failure or refusal of the parent or
711 legal guardian or the child to participate, or make a good faith
712 effort to participate, in the activities prescribed to remedy
713 the truant behavior, or the failure or refusal of the child to
714 return to school after participation in activities required by
715 this subsection, or the failure of the child to stop the truant
716 behavior after the school administration and the Department of
717 Juvenile Justice have worked with the child as described in ss.
718 1003.26 and 1003.27(3) shall be handled as prescribed in s.
719 1003.27.
720 (17)(28) “Intake” means the initial acceptance and
721 screening by the department or its authorized agent of a
722 referral from an early truancy intervention court, a school
723 board, or a school requesting services; a request for assistance
724 from a parent or child; or a complaint, of Juvenile Justice of a
725 complaint or a law enforcement report, or probable cause
726 affidavit of a child’s truancy, ungovernable behavior, or
727 running away, on behalf of a family delinquency, family in need
728 of services, or child in need of services to determine the most
729 appropriate course of action recommendation to be taken in the
730 best interests of the child, the family, and the community. The
731 emphasis of intake is on diversion and the least restrictive
732 available services. Consequently, intake includes such
733 alternatives as:
734 (a) The disposition of the request for services, complaint,
735 report, or probable cause affidavit without court or public
736 agency action or judicial handling when appropriate.
737 (b) The referral of the child to another public or private
738 agency when appropriate.
739 (c) The recommendation by the assigned intake case manager
740 juvenile probation officer of judicial handling when appropriate
741 and warranted.
742 (18)(29) “Judge” means the circuit judge exercising
743 jurisdiction pursuant to this chapter.
744 (30) “Juvenile justice continuum” includes, but is not
745 limited to, delinquency prevention programs and services
746 designed for the purpose of preventing or reducing delinquent
747 acts, including criminal activity by criminal gangs and juvenile
748 arrests, as well as programs and services targeted at children
749 who have committed delinquent acts, and children who have
750 previously been committed to residential treatment programs for
751 delinquents. The term includes children-in-need-of-services and
752 families-in-need-of-services programs; conditional release;
753 substance abuse and mental health programs; educational and
754 vocational programs; recreational programs; community services
755 programs; community service work programs; and alternative
756 dispute resolution programs serving children at risk of
757 delinquency and their families, whether offered or delivered by
758 state or local governmental entities, public or private for
759 profit or not-for-profit organizations, or religious or
760 charitable organizations.
761 (31) “Juvenile probation officer” means the authorized
762 agent of the department who performs and directs intake,
763 assessment, probation, or conditional release, and other related
764 services.
765 (19)(32) “Legal custody” means a legal status created by
766 court order or letter of guardianship which vests in a custodian
767 of the person or guardian, whether an agency or an individual,
768 the right to have physical custody of the child and the right
769 and duty to protect, train, and discipline the child and to
770 provide him or her with food, shelter, education, and ordinary
771 medical, dental, psychiatric, and psychological care.
772 (20)(33) “Licensed child-caring agency” means an agency
773 licensed by the Department of Children and Families pursuant to
774 s. 409.175 a person, society, association, or agency licensed by
775 the Department of Children and Families to care for, receive,
776 and board children.
777 (21)(34) “Licensed health care professional” means a
778 physician licensed under chapter 458, an osteopathic physician
779 licensed under chapter 459, a nurse licensed under part I of
780 chapter 464, a physician assistant licensed under chapter 458 or
781 chapter 459, or a dentist licensed under chapter 466.
782 (35) “Mediation” means a process whereby a neutral third
783 person called a mediator acts to encourage and facilitate the
784 resolution of a dispute between two or more parties. It is an
785 informal and nonadversarial process with the objective of
786 helping the disputing parties reach a mutually acceptable and
787 voluntary agreement. In mediation, decisionmaking authority
788 rests with the parties. The role of the mediator includes, but
789 is not limited to, assisting the parties in identifying issues,
790 fostering joint problem solving, and exploring settlement
791 alternatives.
792 (22)(36) “Necessary medical treatment” means care that is
793 necessary within a reasonable degree of medical certainty to
794 prevent the deterioration of a child’s condition or to alleviate
795 immediate pain of a child.
796 (23) “Needs assessment” means the gathering of information
797 for the evaluation of a child’s physical, psychological,
798 educational, vocational, and social condition and family
799 environment related to the child’s need for services, including
800 substance abuse treatment services, mental health services,
801 developmental services, literacy services, medical services,
802 family services, individual and family counseling, education
803 services, and other specialized services, as appropriate.
804 (24)(37) “Neglect” has the same meaning as in s. 39.01(53).
805 occurs when the parent or legal custodian of a child or, in the
806 absence of a parent or legal custodian, the person primarily
807 responsible for the child’s welfare deprives a child of, or
808 allows a child to be deprived of, necessary food, clothing,
809 shelter, or medical treatment or permits a child to live in an
810 environment when such deprivation or environment causes the
811 child’s physical, mental, or emotional health to be
812 significantly impaired or to be in danger of being significantly
813 impaired. The foregoing circumstances shall not be considered
814 neglect if caused primarily by financial inability unless actual
815 services for relief have been offered to and rejected by such
816 person. A parent or guardian legitimately practicing religious
817 beliefs in accordance with a recognized church or religious
818 organization who thereby does not provide specific medical
819 treatment for a child shall not, for that reason alone, be
820 considered a negligent parent or guardian; however, such an
821 exception does not preclude a court from ordering the following
822 services to be provided, when the health of the child so
823 requires:
824 (a) Medical services from a licensed physician, dentist,
825 optometrist, podiatric physician, or other qualified health care
826 provider; or
827 (b) Treatment by a duly accredited practitioner who relies
828 solely on spiritual means for healing in accordance with the
829 tenets and practices of a well-recognized church or religious
830 organization.
831 (38) “Next of kin” means an adult relative of a child who
832 is the child’s brother, sister, grandparent, aunt, uncle, or
833 first cousin.
834 (25)(39) “Parent” means a woman who gives birth to a child
835 and a man whose consent to the adoption of the child would be
836 required under s. 63.062(1). If a child has been legally
837 adopted, the term “parent” means the adoptive mother or father
838 of the child. The term does not include an individual whose
839 parental relationship to the child has been legally terminated,
840 or an alleged or prospective parent, unless the parental status
841 falls within the terms of either s. 39.503(1) or s. 63.062(1).
842 (26)(40) “Participant,” for purposes of a shelter
843 proceeding under this chapter, means any person who is not a
844 party but who should receive notice of hearings involving the
845 child, including foster parents, identified prospective parents,
846 grandparents entitled to priority for adoption consideration
847 under s. 63.0425, actual custodians of the child, and any other
848 person whose participation may be in the best interest of the
849 child. Participants may be granted leave by the court to be
850 heard without the necessity of filing a motion to intervene.
851 (27)(41) “Party,” for purposes of a shelter proceeding
852 under this chapter, means the parent, legal guardian, or actual
853 custodian of the child, the petitioner, the department, the
854 guardian ad litem when one has been appointed, and the child.
855 The presence of the child may be excused by order of the court
856 when presence would not be in the child’s best interest or the
857 child has failed to appear for a proceeding after having been
858 noticed. Notice to the child may be excused by order of the
859 court when the age, capacity, or other condition of the child is
860 such that the notice would be meaningless or detrimental to the
861 child.
862 (28) “Physically secure shelter” means a department
863 approved locked facility or locked unit within a facility for
864 the care of a child adjudicated a child in need of services who
865 is court ordered to be held pursuant to s. 984.226. A physically
866 secure shelter unit shall provide 24-hour, continuous
867 supervision. A physically secure shelter must be licensed by the
868 Department of Children and Families as a licensed child-caring
869 agency.
870 (42) “Preliminary screening” means the gathering of
871 preliminary information to be used in determining a child’s need
872 for further evaluation or assessment or for referral for other
873 substance abuse services through means such as psychosocial
874 interviews; urine and breathalyzer screenings; and reviews of
875 available educational, delinquency, and dependency records of
876 the child.
877 (29)(43) “Preventive services” means social services and
878 other supportive and evaluation and intervention rehabilitative
879 services provided to the child or the parent, of the child, the
880 legal guardian of the child, or the custodian of the child and
881 to the child for the purpose of averting the removal of the
882 child from the home or disruption of a family which will or
883 could result in an adjudication that orders the placement of a
884 child under dependency supervision into foster care or into the
885 delinquency system or that will or could result in the child
886 living on the street. Social services and other supportive and
887 rehabilitative services may include the provision of assessment
888 and screening services; individual, group, or family counseling;
889 specialized educational and vocational services; temporary
890 voluntary shelter for the child; outreach services for children
891 living on the street; independent living services to assist
892 adolescents in achieving a successful transition to adulthood;
893 and other specialized services.
894 (44) “Protective supervision” means a legal status in
895 child-in-need-of-services cases or family-in-need-of-services
896 cases which permits the child to remain in his or her own home
897 or other placement under the supervision of an agent of the
898 Department of Juvenile Justice or the Department of Children and
899 Families, subject to being returned to the court during the
900 period of supervision.
901 (30)(45) “Relative” means a grandparent, great-grandparent,
902 sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
903 niece, or nephew, whether related by the whole or half blood, by
904 affinity, or by adoption. The term does not include a
905 stepparent.
906 (31)(46) “Reunification services” means social services and
907 other supportive and rehabilitative services provided to the
908 child and the parent of the child, the legal guardian of the
909 child, or the custodian of the child, whichever is applicable,;
910 the child; and, where appropriate, the foster parents of the
911 child for the purpose of assisting enabling a child who has been
912 placed in temporary shelter care to return to his or her family
913 at the most appropriate and effective earliest possible time
914 based on the presenting concerns at intake. Social services and
915 other supportive and rehabilitative services shall be consistent
916 with the child’s need for a safe, continuous, and stable living
917 environment and shall promote the strengthening of family life
918 whenever possible.
919 (32)(47) “Secure detention center or facility” means a
920 physically restricting facility for the temporary care of
921 children, pending adjudication, disposition, or placement under
922 chapter 985.
923 (33)(48) “Shelter” means a department-approved shelter
924 facility for the temporary care of runaway children; for
925 children placed for voluntary shelter respite upon request of
926 the child or the child’s parent, legal guardian, or custodian;
927 or for placement of a child who has been adjudicated a child in
928 need of services or who has been found in contempt of court
929 under s. 984.09. Shelters must provide 24-hour continual
930 supervision. A shelter must be licensed by the Department of
931 Children and Families as a licensed child-caring agency a place
932 for the temporary care of a child who is alleged to be or who
933 has been found to be dependent, a child from a family in need of
934 services, or a child in need of services, pending court
935 disposition before or after adjudication or after execution of a
936 court order. “Shelter” may include a facility which provides 24
937 hour continual supervision for the temporary care of a child who
938 is placed pursuant to s. 984.14.
939 (49) “Shelter hearing” means a hearing provided for under
940 s. 984.14 in family-in-need-of-services cases or child-in-need
941 of-services cases.
942 (50) “Staff-secure shelter” means a facility in which a
943 child is supervised 24 hours a day by staff members who are
944 awake while on duty. The facility is for the temporary care and
945 assessment of a child who has been found to be dependent, who
946 has violated a court order and been found in contempt of court,
947 or whom the Department of Children and Families is unable to
948 properly assess or place for assistance within the continuum of
949 services provided for dependent children.
950 (34)(51) “Substance abuse” means using, without medical
951 reason, any psychoactive or mood-altering drug, including
952 alcohol, in such a manner as to induce impairment resulting in
953 dysfunctional social behavior.
954 (35)(52) “Taken into custody” means the status of a child
955 immediately when temporary physical control over the child is
956 attained by a person authorized by law, pending the child’s
957 release, shelter detention, placement, or other disposition as
958 authorized by law.
959 (36)(53) “Temporary legal custody” means the relationship
960 that a juvenile court creates between a child and an adult
961 relative of the child, adult nonrelative approved by the court,
962 or other person until a more permanent arrangement is ordered.
963 Temporary legal custody confers upon the custodian the right to
964 have temporary physical custody of the child and the right and
965 duty to protect, train, and discipline the child and to provide
966 the child with food, shelter, and education, and ordinary
967 medical, dental, psychiatric, and psychological care, unless
968 these rights and duties are otherwise enlarged or limited by the
969 court order establishing the temporary legal custody
970 relationship.
971 (37)(54) “Truancy petition” means a petition filed by the
972 superintendent of schools under s. 984.151 for the purpose of
973 early truancy intervention alleging that a student subject to
974 compulsory school attendance has had at least five unexcused
975 absences, or absences for which the reasons are unknown, within
976 a calendar month or 10 unexcused absences, or absences for which
977 the reasons are unknown, within a 90-calendar-day period, or has
978 had more than 15 unexcused absences in a 90-calendar-day period.
979 A truancy petition is filed and processed under s. 984.151.
980 (38) “Truant status offender” means a child subject to the
981 jurisdiction of the court under s. 984.151 who has been found by
982 the court to be truant while subject to compulsory education.
983 The court’s jurisdiction is limited to entering orders to
984 require the child to attend school and participate in services
985 to encourage regular school attendance. A truant status offender
986 is not a delinquent child and may not be deemed to have
987 committed a criminal or delinquent act solely due to failure to
988 attend school.
989 (39)(55) “Violation of law” or “delinquent act” means a
990 violation of any law of this state, the United States, or any
991 other state which is a misdemeanor or a felony or a violation of
992 a county or municipal ordinance which would be punishable by
993 incarceration if the violation were committed by an adult.
994 (40) “Voluntary family services” means voluntary services
995 provided by the department or an agency designated by the
996 department to a family that has a child who is running away; who
997 is ungovernable by persistently disobeying reasonable and lawful
998 demands of the parent, legal guardian, or custodian and is
999 beyond the control of the parent, legal guardian, or custodian;
1000 or who is a habitual truant or engaging in other serious
1001 behaviors that place the child at risk of future abuse, neglect,
1002 abandonment, or entering the juvenile justice system. The child
1003 must be referred to the department or an agency designated by
1004 the department to provide voluntary services to families and
1005 children.
1006 Section 5. Section 984.04, Florida Statutes, is amended to
1007 read:
1008 984.04 Early truancy intervention; families in need of
1009 services and children in need of services; procedures and
1010 jurisdiction.—
1011 (1) It is the intent of the Legislature to address the
1012 problems of families in need of services by providing them with
1013 an array of services designed to preserve the unity and
1014 integrity of the family and to emphasize parental responsibility
1015 for the behavior of their children. Services to families in need
1016 of services and children in need of services shall be provided
1017 on a continuum of increasing intensity and participation by the
1018 parent and child. Judicial intervention to resolve the problems
1019 and conflicts that exist within a family shall be limited to
1020 situations in which a resolution to the problem or conflict has
1021 not been achieved through service, treatment, and family
1022 intervention after all available less restrictive resources have
1023 been exhausted. In creating this chapter, the Legislature
1024 recognizes the need to distinguish the problems of truants,
1025 runaways, and children beyond the control of their parents, and
1026 the services provided to these children, from the problems and
1027 services designed to meet the needs of abandoned, abused,
1028 neglected, and delinquent children. In achieving this
1029 recognition, it shall be the policy of the state to develop
1030 short-term, temporary services and programs utilizing the least
1031 restrictive method for families in need of services and children
1032 in need of services.
1033 (1)(2) The department of Juvenile Justice shall be
1034 responsible for all nonjudicial proceedings involving voluntary
1035 a family in need of services for a family identified as a family
1036 in need of services.
1037 (3) All nonjudicial procedures in family-in-need-of
1038 services cases shall be according to rules established by the
1039 department of Juvenile Justice under chapter 120.
1040 (2)(4) The circuit court shall have exclusive original
1041 jurisdiction of judicial proceedings involving early truancy
1042 intervention. When the jurisdiction of any child found to be
1043 truant under s. 984.151 is obtained, the court may retain
1044 jurisdiction for up to 180 days. The court must terminate
1045 supervision and relinquish jurisdiction if the child has
1046 substantially complied with the requirements of early truancy
1047 intervention, is no longer subject to compulsory education, or
1048 is adjudicated a child in need of services under s. 984.21
1049 continued placement of a child from a family in need of services
1050 in shelter.
1051 (3)(5) The circuit court shall have exclusive original
1052 jurisdiction of proceedings in which a child is alleged to be a
1053 child in need of services. When the jurisdiction of any child
1054 who has been found to be a child in need of services or the
1055 parent, custodian, or legal guardian of such a child is
1056 obtained, the court shall retain jurisdiction, unless
1057 relinquished by its order or unless the department withdraws its
1058 petition because the child no longer meets the definition of a
1059 child in need of services as defined in s. 984.03, until the
1060 child reaches 18 years of age. This subsection does shall not be
1061 construed to prevent the exercise of jurisdiction by any other
1062 court having jurisdiction of the child if the child commits a
1063 violation of law, is the subject of the dependency provisions
1064 under this chapter, or is the subject of a pending investigation
1065 into an allegation or suspicion of abuse, neglect, or
1066 abandonment.
1067 (4) Jurisdiction of the circuit court shall attach to the
1068 case and parties to proceedings filed under s. 984.15 or under
1069 s. 984.151 when the summons is served upon the child and a
1070 parent, legal guardian, or custodian, or when the parties
1071 personally appear before the court.
1072 (5)(6) All procedures, including petitions, pleadings,
1073 subpoenas, summonses, and hearings, in proceedings under this
1074 chapter family-in-need-of-services cases and child-in-need-of
1075 services cases shall be according to the Florida Rules of
1076 Juvenile Procedure unless otherwise provided by law.
1077 (7) The department may contract with a provider to provide
1078 services and programs for families in need of services and
1079 children in need of services.
1080 Section 6. Subsections (2) and (4) of section 984.06,
1081 Florida Statutes, are amended to read:
1082 984.06 Oaths, records, and confidential information.—
1083 (2) The court shall make and keep records of all cases
1084 brought before it pursuant to this chapter and shall preserve
1085 the records pertaining to a child in need of services until 10
1086 years after the last entry was made or until the child is 18
1087 years of age, whichever date is first reached, and may then
1088 destroy them. The court shall make official records, consisting
1089 of all petitions and orders filed in a case arising pursuant to
1090 this chapter and any other pleadings, certificates, proofs of
1091 publication, summonses, warrants, and other writs which are
1092 filed in the case.
1093 (4) Except as provided in subsection (3), all information
1094 obtained pursuant to this chapter in the discharge of official
1095 duty by any judge, employee of the court, authorized agent of
1096 the department, school employee, district superintendent, school
1097 board employee, or law enforcement agent is confidential and may
1098 not be disclosed to anyone other than the authorized personnel
1099 of the court, the department and its designees, school or school
1100 board personnel, law enforcement agencies, and others entitled
1101 under this chapter to receive that information, except upon
1102 order of the court.
1103 Section 7. Section 984.07, Florida Statutes, is amended to
1104 read:
1105 984.07 Right to counsel; waiver; appointed counsel;
1106 compensation.—
1107 (1) When a petition is filed alleging that a child is a
1108 child in need of services or if the child is subject to contempt
1109 proceedings under s. 984.09, the child must be represented by
1110 counsel at each court appearance. The court must appoint counsel
1111 unless the child is not indigent and has counsel present to
1112 represent the child or the record in that proceeding
1113 affirmatively demonstrates by clear and convincing evidence that
1114 the child knowingly and intelligently waived the right to
1115 counsel after being fully advised by the court of the nature of
1116 the proceedings and the dispositional alternatives available to
1117 the court. If the child waives counsel at any proceeding, the
1118 court shall advise the child with respect to the right to
1119 counsel at every subsequent hearing.
1120 (2) A child in proceedings under s. 984.151 may have
1121 counsel appointed by the court if the court determines it is in
1122 the best interest of the child.
1123 (3) If the court appoints counsel for a child, and if the
1124 child and his or her parents or legal guardians are indigent and
1125 unable to employ counsel, the court must appoint an attorney to
1126 represent the child under s. 27.511. Determination of indigence
1127 and costs of representation shall be as provided by s. 57.082.
1128 Legal counsel representing a child who exercises the right to
1129 counsel may provide advice and counsel to the child at any time
1130 after appointment.
1131 (4) If the parents or legal guardians of an indigent child
1132 are not indigent but refuse to employ counsel, the court shall
1133 appoint counsel pursuant to s. 27.511 to represent the child
1134 until counsel is provided. Costs of representation must be
1135 imposed as provided by s. 57.082. Thereafter, the court may not
1136 appoint counsel for an indigent child with nonindigent parents
1137 or legal guardian but shall order the parents or legal guardian
1138 to obtain private counsel.
1139 (a) A parent or legal guardian of an indigent child who has
1140 been ordered to obtain private counsel for the child and who
1141 willfully fails to follow the court order shall be punished by
1142 the court in civil contempt proceedings.
1143 (b) An indigent child may have counsel appointed pursuant
1144 to ss. 27.511 and 57.082 if the parents or legal guardian have
1145 willfully refused to obey the court order to obtain counsel for
1146 the child and have been punished by civil contempt. Costs of
1147 representation must be imposed as provided by s. 57.082.
1148 (5) If the court makes a finding that nonindigent parents
1149 have made a good faith effort to participate in services and
1150 remediate the child’s behavior, but despite their good faith
1151 efforts, the child’s truancy, ungovernable behavior, or runaway
1152 behavior has persisted, the court may appoint counsel to
1153 represent the child as provided in s. 27.511.
1154 (6) If counsel is entitled to receive compensation for
1155 representation pursuant to court appointment in a child in need
1156 of services proceeding, such compensation may not exceed $1,000
1157 at the trial level and $2,500 at the appellate level.
1158 (7) This section does not preclude the court from
1159 requesting reimbursement of attorney fees and costs from the
1160 nonindigent parent or legal guardian.
1161 (8) The court may appoint an attorney to represent a parent
1162 or legal guardian under this chapter only upon a finding that
1163 the parent or legal guardian is indigent pursuant to s. 57.082.
1164 If an attorney is appointed, the parent or legal guardian shall
1165 be enrolled in a payment plan pursuant to s. 28.246 If counsel
1166 is entitled to receive compensation for representation pursuant
1167 to court appointment in a child-in-need-of-services proceeding,
1168 such compensation shall not exceed $1,000 at the trial level and
1169 $2,500 at the appellate level.
1170 Section 8. Subsection (1) of section 984.071, Florida
1171 Statutes, is amended, and subsection (3) is added to that
1172 section, to read:
1173 984.071 Resources and information.—
1174 (1) The department of Juvenile Justice, in collaboration
1175 with the Department of Children and Families and the Department
1176 of Education, shall develop and publish an information guide
1177 packet that explains the current process under this chapter for
1178 obtaining assistance for a child in need of services or a family
1179 in need of services and the community services and resources
1180 available to parents of troubled or runaway children. The
1181 information guide shall be published in a written format for
1182 distribution and shall also be published on the department’s
1183 website. In preparing the information packet, the Department of
1184 Juvenile Justice shall work with school district
1185 superintendents, juvenile court judges, county sheriffs, and
1186 other local law enforcement officials in order to ensure that
1187 the information packet lists services and resources that are
1188 currently available within the county in which the packet is
1189 distributed. Each information guide packet shall be reviewed
1190 annually and updated as appropriate. The school district shall
1191 distribute this information guide packet to parents of truant
1192 children, and to other parents upon request or as deemed
1193 appropriate by the school district. In addition, the department
1194 of Juvenile Justice shall distribute the information guide
1195 packet to state and local law enforcement agencies. Any law
1196 enforcement officer who has contact with the parent of a child
1197 who is locked out of the home, who is ungovernable, or who runs
1198 away from home shall make the information guide available to the
1199 parent.
1200 (3) The Department of Education and the Department of
1201 Children and Families must each post the department’s
1202 information guide on their respective websites.
1203 Section 9. Sections 984.08 and 984.085, Florida Statutes,
1204 are repealed.
1205 Section 10. Section 984.0861, Florida Statutes, is created
1206 to read:
1207 984.0861 Prohibited use of detention.—A child under the
1208 jurisdiction of the court solely pursuant to this chapter may
1209 not be placed in:
1210 (1) Any form of detention care intended for the use of
1211 alleged juvenile delinquents as authorized under chapter 985 for
1212 any purpose.
1213 (2) A secure detention facility authorized for use under
1214 chapter 985 for any purpose.
1215 (3) Any jail or other similar facility used for the purpose
1216 of detention or confinement of adults for any purpose.
1217 Section 11. Section 984.09, Florida Statutes, is amended to
1218 read:
1219 984.09 Punishment for contempt of court; alternative
1220 sanctions.—
1221 (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may
1222 punish any child for contempt for interfering with the court or
1223 with court administration, or for violating any provision of
1224 this chapter or order of the court relative thereto. It is the
1225 intent of the Legislature that the court restrict and limit the
1226 use of contempt powers and prohibit the use of detention care
1227 and secure detention facilities as provided in s. 984.0861 with
1228 respect to commitment of a child to a secure facility. A child
1229 who commits direct contempt of court or indirect contempt of a
1230 valid court order may be taken into custody and ordered to serve
1231 an alternative sanction or placed in a shelter secure facility,
1232 as authorized in this section, by order of the court.
1233 (2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child
1234 adjudicated as a child in need of services may only be placed in
1235 a shelter secure facility for purposes of punishment for
1236 contempt of court if alternative sanctions are unavailable or
1237 inappropriate, or if the child has already been ordered to serve
1238 an alternative sanction but failed to comply with the sanction.
1239 (a) A delinquent child who has been held in direct or
1240 indirect contempt may be placed in a secure detention facility
1241 for 5 days for a first offense or 15 days for a second or
1242 subsequent offense, or in a secure residential commitment
1243 facility.
1244 (a)(b) A child in need of services who has been held in
1245 direct contempt or indirect contempt may be placed, for 5 days
1246 for a first offense or 15 days for a second or subsequent
1247 offense, in a staff-secure shelter operated by or contracted
1248 with the department to provide such services or a staff-secure
1249 residential facility solely for children in need of services if
1250 such placement is available, or, if such placement is not
1251 available, the child may be placed in an appropriate mental
1252 health facility or substance abuse facility for assessment. In
1253 addition to disposition under this paragraph, a child in need of
1254 services who is held in direct contempt or indirect contempt may
1255 be placed in a physically secure shelter setting as provided
1256 under s. 984.226 if conditions of eligibility are met.
1257 (b) A child subject to proceedings under s. 984.151 who has
1258 been held in direct contempt or indirect contempt may only be
1259 placed, for 5 days for a first offense or 15 days for a second
1260 or subsequent offense, in a shelter operated by or contracted
1261 with the department for such services if a shelter bed is
1262 available. Upon a second or subsequent finding of contempt under
1263 this section, the court must refer the child to the case
1264 staffing committee with a recommendation to file a child in need
1265 of services petition.
1266 (c) Any shelter placement ordered under this section must
1267 be given as a cumulative sanction. Separate sanctions for the
1268 same act or series of acts within the same episode may not be
1269 imposed.
1270 (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
1271 an alternative sanctions coordinator who shall serve under the
1272 chief administrative judge of the juvenile division of the
1273 circuit court, and who shall coordinate and maintain a spectrum
1274 of contempt sanction alternatives in conjunction with the
1275 circuit plan implemented in accordance with s. 790.22(4)(c).
1276 Upon determining that a child has committed direct contempt of
1277 court or indirect contempt of a valid court order, the court may
1278 immediately request the circuit alternative sanctions
1279 coordinator to recommend the most appropriate available
1280 alternative sanction and shall order the child to perform up to
1281 50 hours of community-service manual labor or a similar
1282 alternative sanction, unless an alternative sanction is
1283 unavailable or inappropriate, or unless the child has failed to
1284 comply with a prior alternative sanction. Alternative contempt
1285 sanctions may be provided by local industry or by any nonprofit
1286 organization or any public or private business or service entity
1287 that has entered into a contract with the department of Juvenile
1288 Justice to act as an agent of the state to provide voluntary
1289 supervision of children on behalf of the state in exchange for
1290 the manual labor of children and limited immunity in accordance
1291 with s. 768.28(11).
1292 (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
1293 PROCESS.—
1294 (a) If a child subject to proceedings under this chapter is
1295 charged with direct contempt of court, including traffic court,
1296 the court may impose an authorized sanction immediately.
1297 (b) If a child subject to proceedings under this chapter is
1298 charged with indirect contempt of court, the court must issue an
1299 order to show cause and schedule hold a hearing within 24 hours
1300 to determine whether the child committed indirect contempt of a
1301 valid court order. The child must be served with the order to
1302 show cause and notice of hearing. At the hearing, the following
1303 due process rights must be provided to the child:
1304 1. Right to a copy of the order to show cause alleging
1305 facts supporting the contempt charge.
1306 2. Right to an explanation of the nature and the
1307 consequences of the proceedings.
1308 3. Right to legal counsel and the right to have legal
1309 counsel appointed by the court if the juvenile is indigent,
1310 pursuant to s. 984.07 s. 985.033.
1311 4. Right to confront witnesses.
1312 5. Right to present witnesses.
1313 6. Right to have a transcript or record of the proceeding.
1314 7. Right to appeal to an appropriate court.
1315
1316 The child’s parent, legal or guardian, or custodian may address
1317 the court regarding the due process rights of the child. If
1318 after the hearing, the court determines the child has committed
1319 indirect contempt of a valid court order, the court may impose
1320 an alternative sanction or may proceed under subsection (2). If
1321 the court orders shelter placement of a child found in contempt
1322 of court, the court shall review the matter placement of the
1323 child every 72 hours to determine whether it is appropriate for
1324 the child to remain in the facility.
1325 (c) The court may not order that a child be placed in a
1326 shelter secure facility for punishment for contempt unless the
1327 court determines that an alternative sanction is inappropriate
1328 or unavailable or that the child was initially ordered to an
1329 alternative sanction and did not comply with the alternative
1330 sanction. The court is encouraged to order a child to perform
1331 community service, up to the maximum number of hours, where
1332 appropriate before ordering that the child be placed in a
1333 shelter secure facility as punishment for contempt of court.
1334 (d) In addition to any other sanction imposed under this
1335 section, the court may direct the Department of Highway Safety
1336 and Motor Vehicles to withhold issuance of, or suspend, a
1337 child’s driver license or driving privilege. The court may order
1338 that a child’s driver license or driving privilege be withheld
1339 or suspended for up to 1 year for a first offense of contempt
1340 and up to 2 years for a second or subsequent offense. If the
1341 child’s driver license or driving privilege is suspended or
1342 revoked for any reason at the time the sanction for contempt is
1343 imposed, the court shall extend the period of suspension or
1344 revocation by the additional period ordered under this
1345 paragraph. If the child’s driver license is being withheld at
1346 the time the sanction for contempt is imposed, the period of
1347 suspension or revocation ordered under this paragraph shall
1348 begin on the date on which the child is otherwise eligible to
1349 drive. For a child in need of services whose driver license or
1350 driving privilege is suspended under this paragraph, the court
1351 may direct the Department of Highway Safety and Motor Vehicles
1352 to issue the child a license for driving privileges restricted
1353 to business or employment purposes only, as defined in s.
1354 322.271, or for the purpose of completing court-ordered
1355 community service, if the child is otherwise qualified for a
1356 license. However, the department may not issue a restricted
1357 license unless specifically ordered to do so by the court.
1358 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
1359 position of alternative sanctions coordinator within each
1360 judicial circuit, pursuant to subsection (3). Each alternative
1361 sanctions coordinator shall serve under the direction of the
1362 chief administrative judge of the juvenile division as directed
1363 by the chief judge of the circuit. The alternative sanctions
1364 coordinator shall act as the liaison between the judiciary,
1365 local department officials, district school board employees, and
1366 local law enforcement agencies. The alternative sanctions
1367 coordinator shall coordinate within the circuit community-based
1368 alternative sanctions, including nonsecure detention programs,
1369 community service projects, and other juvenile sanctions, in
1370 conjunction with the circuit plan implemented in accordance with
1371 s. 790.22(4)(c).
1372 Section 12. Section 984.10, Florida Statutes, is amended to
1373 read:
1374 984.10 Intake.—
1375 (1) Intake shall be performed by the department or the
1376 department’s authorized agent. A report or complaint alleging
1377 that a child is from a family in need of services shall be made
1378 to the intake office operating in the county in which the child
1379 is found or in which the case arose. Any person or agency,
1380 including, but not limited to, the parent, or legal guardian, or
1381 custodian, the local school district, a law enforcement agency,
1382 or the Department of Children and Families, having knowledge of
1383 the facts may make a report or complaint.
1384 (2) A representative of the department shall make a
1385 preliminary determination as to whether the report or complaint
1386 is complete. The criteria for the completeness of a report or
1387 complaint with respect to a child alleged to be from a family in
1388 need of services while subject to compulsory school attendance
1389 shall be governed by s. 984.03 s. 984.03(27). In any case in
1390 which the representative of the department finds that the report
1391 or complaint is incomplete, the representative of the department
1392 shall return the report or complaint without delay to the person
1393 or agency originating the report or complaint or having
1394 knowledge of the facts or to the appropriate law enforcement
1395 agency having investigative jurisdiction and request additional
1396 information in order to complete the report or complaint.
1397 (3) If the representative of the department determines that
1398 in his or her judgment the interests of the family, the child,
1399 and the public will be best served by providing the family and
1400 child services and treatment voluntarily accepted by the child
1401 and the parents, or legal guardians, or custodians, the
1402 department’s departmental representative may refer the family or
1403 child to an appropriate service and treatment provider. As part
1404 of the intake procedure, the department’s departmental
1405 representative shall inform the parent, or legal custodian
1406 guardian, or custodian, in writing, of the services currently
1407 and treatment available to the child and family by department
1408 providers and other or community agencies in the county in which
1409 the family is located, and the rights and responsibilities of
1410 the parent, or legal guardian, or custodian under this chapter.
1411 Upon admission, and depending on services, a staff member may be
1412 assigned to the family as deemed appropriate.
1413 (4) If the department reasonably believes has reasonable
1414 grounds to believe that the child has been abandoned, abused, or
1415 neglected, it shall proceed pursuant to the provisions of
1416 chapter 39 and report immediately to the central abuse hotline.
1417 Section 13. Section 984.11, Florida Statutes, is amended to
1418 read:
1419 984.11 Services to families in need of services.—
1420 (1) The department or its authorized agent shall provide an
1421 array of voluntary family services aimed at remediating school
1422 truancy, homelessness, and runaway and ungovernable behavior by
1423 children. Services and treatment to families in need of services
1424 shall be by voluntary agreement of the parent, or legal
1425 guardian, or custodian and the child or as directed by a court
1426 order pursuant to s. 984.22.
1427 (2) A family is not eligible to receive voluntary family
1428 services if, at the time of the referral, the child is under
1429 court-ordered supervision by the department for delinquency
1430 under chapter 985 or court-ordered supervision by the Department
1431 of Children and Families under chapter 39. A child who has
1432 received a prearrest delinquency citation, or is receiving
1433 delinquency diversion services, may receive voluntary family
1434 services.
1435 (3) If there is a pending investigation into an allegation
1436 of abuse, neglect, or abandonment, the child may be eligible for
1437 voluntary family services if the Department of Children and
1438 Families agrees to the provision of services and makes a
1439 referral. An interagency agreement between the department and
1440 the Department of Children and Families shall govern this
1441 referral process, which is contingent on available funding. The
1442 department must notify the Department of Children and Families
1443 if a referral is declined.
1444 (4)(2) These services may include, but need not be limited
1445 to:
1446 (a) Homemaker or Parent aide services.
1447 (b) Intensive crisis counseling.
1448 (c) Parent training.
1449 (d) Individual, group, or family counseling.
1450 (e) Referral to community mental health services.
1451 (f) Prevention and diversion services.
1452 (g) Services provided by voluntary or community agencies.
1453 (h) Runaway center services.
1454 (i) Runaway shelter Housekeeper services.
1455 (j) Referral for special educational, tutorial, or remedial
1456 services.
1457 (k) Referral to vocational, career development job
1458 training, or employment services.
1459 (l) Recreational services.
1460 (m) Assessment.
1461 (n) Case management.
1462 (o) Referral for or provision of substance abuse assessment
1463 or treatment.
1464 (5)(3) The department shall advise the parents, or legal
1465 guardian, or custodian that they are responsible for
1466 contributing to the cost of the child or family services and
1467 treatment to the extent of their ability to pay. The parent is
1468 responsible for using health care insurance to the extent it is
1469 available for the provision of health services The department
1470 shall set and charge fees for services and treatment provided to
1471 clients. The department may employ a collection agency for the
1472 purpose of receiving, collecting, and managing the payment of
1473 unpaid and delinquent fees. The collection agency must be
1474 registered and in good standing under chapter 559. The
1475 department may pay to the collection agency a fee from the
1476 amount collected under the claim or may authorize the agency to
1477 deduct the fee from the amount collected.
1478 (4) The department may file a petition with the circuit
1479 court to enforce the collection of fees for services and
1480 treatment rendered to the child or the parent and other legal
1481 custodians.
1482 Section 14. Section 984.12, Florida Statutes, is amended to
1483 read:
1484 984.12 Case staffing; services and treatment related to a
1485 family in need of services.—
1486 (1) The appropriate representative of the department shall
1487 request a meeting of the family and child with a case staffing
1488 committee to review the case of any family or child who the
1489 department determines is in need of services or treatment if:
1490 (a) The family or child is not in agreement with the
1491 services or treatment offered;
1492 (b) The family or child will not participate in the
1493 services or treatment selected; or
1494 (c) The representative of the department needs assistance
1495 in developing an appropriate plan for services. The time and
1496 place selected for the meeting shall be convenient for the child
1497 and family.
1498 (2) The composition of the case staffing committee shall be
1499 based on the needs of the family and child. It shall include a
1500 representative from the child’s school district and a
1501 representative of the department of Juvenile Justice, and may
1502 include the department’s authorized agent and a supervisor of
1503 the department’s contracted provider; a representative from the
1504 area of health, mental health, substance abuse, or social, or
1505 educational services; a representative of the state attorney; a
1506 representative of law enforcement the alternative sanctions
1507 coordinator; and any person recommended by the child, family, or
1508 department. The child and the child’s parent, legal guardian, or
1509 custodian must be invited to attend the committee meeting.
1510 (3) The case staffing committee shall:
1511 (a) Identify the family’s concerns and contributing
1512 factors.
1513 (b) Request the family and child to identify their needs
1514 and concerns.
1515 (c) Seek input from the school district and any other
1516 persons in attendance with knowledge of the family or child’s
1517 situation and concerns.
1518 (d) Consider the voluntary family services or other
1519 community services that have been offered and the results of
1520 those services.
1521 (e) Identify whether truancy is a concern and evaluate
1522 compliance with the remedial strategies provided pursuant to s.
1523 1003.26.
1524 (f) Reach a timely decision to provide the child or family
1525 with needed services and recommend any appropriate and treatment
1526 through the development of a plan for services.
1527 (4) The plan for services shall contain the following:
1528 (a) Statement of the concerns problems.
1529 (b) Needs of the child.
1530 (c) Needs of the parents, legal guardian, or legal
1531 custodian.
1532 (d) Measurable objectives that address the identified
1533 problems and needs.
1534 (e) Services and treatment to be provided, to include:
1535 1. Type of services or treatment.
1536 2. Frequency of services or treatment.
1537 3. Location.
1538 4. Accountable service providers or staff.
1539 (f) Timeframes for achieving objectives.
1540 (5) Upon receipt of the plan, the child and family shall
1541 acknowledge their position by accepting or rejecting the
1542 services and provisions in writing. If the plan is accepted, it
1543 shall be implemented as soon as is practicable.
1544 (6) The assigned case manager shall have responsibility A
1545 case manager shall be designated by the case staffing committee
1546 to be responsible for implementing the plan. The department’s
1547 authorized agent case manager shall periodically review the
1548 progress towards achieving the objectives of the plan in order
1549 to:
1550 (a) Advise the case staffing committee of the need to make
1551 adjustments to the plan; or
1552 (b) Recommend a child in need of services petition be filed
1553 by the department; or
1554 (c)(b) Terminate the case as indicated by successful or
1555 substantial achievement of the objectives of the plan.
1556 (7) The parent, legal guardian, or legal custodian may
1557 convene a meeting of the case staffing committee, and any other
1558 member of the committee may convene a meeting if the member
1559 finds that doing so is in the best interest of the family or
1560 child. A case staffing committee meeting requested by a parent,
1561 guardian, or legal custodian must be convened within 7 days,
1562 excluding weekends and legal holidays, after the date the
1563 department’s representative receives the request in writing.
1564 (8) Any other member of the committee may convene a meeting
1565 if voluntary family services have been offered and the services
1566 have been rejected by the child or family, or the child has not
1567 made measurable progress toward achieving the service plan
1568 goals, and the member finds that doing so is in the best
1569 interest of the family or child.
1570 (9) A case staffing committee meeting must be convened
1571 within 30 days after the date the case is referred by the court
1572 pursuant to s. 984.151.
1573 (10)(8) Within 7 days after meeting, the case staffing
1574 committee shall provide the parent, legal guardian, or legal
1575 custodian with a written report that details the reasons for the
1576 committee’s decision to recommend, or decline to recommend, that
1577 the department file a petition alleging that the child is a
1578 child in need of services.
1579 (11) The case staffing committee may reconvene from time to
1580 time as may be necessary to make adjustments to the plan.
1581 Section 15. Section 984.13, Florida Statutes, is amended to
1582 read:
1583 984.13 Taking a child into custody a child alleged to be
1584 from a family in need of services or to be a child in need of
1585 services.—
1586 (1) A child may be taken into custody:
1587 (a) By a law enforcement officer when the officer
1588 reasonably believes has reasonable grounds to believe that the
1589 child has run away from his or her parents, legal guardian, or
1590 other legal custodian.
1591 (b) By a designated school representative pursuant to s.
1592 1003.26(3) or a law enforcement officer when the officer
1593 reasonably believes has reasonable grounds to believe that the
1594 child is absent from school without authorization or is
1595 suspended or expelled and is not in the presence of his or her
1596 parent, or legal guardian, or custodian, for the purpose of
1597 delivering the child without unreasonable delay to the
1598 appropriate school system site. For the purpose of this
1599 paragraph, “school system site” includes, but is not limited to,
1600 a center approved by the superintendent of schools for the
1601 purpose of counseling students and referring them back to the
1602 school system or an approved alternative to a suspension or
1603 expulsion program. If a student is suspended or expelled from
1604 school without assignment to an alternative school placement,
1605 the law enforcement officer or designated school representative
1606 pursuant to s. 1003.26(3) shall deliver the child to the parent,
1607 or legal guardian, or custodian, to a location determined by the
1608 parent, legal or guardian, or custodian, or to a designated
1609 truancy interdiction site until the parent or guardian can be
1610 located.
1611 (c) Pursuant to an order of the circuit court based upon
1612 sworn testimony before or after a child in need of services
1613 petition is filed under s. 984.15.
1614 (d) Pursuant to an order of the circuit court based upon a
1615 finding of contempt under this chapter for the purpose of
1616 delivering the child to a designated shelter facility.
1617 (e)(d) By a law enforcement officer when the child
1618 voluntarily agrees to or requests services pursuant to this
1619 chapter or placement in a shelter.
1620 (2) The person taking the child into custody shall:
1621 (a) Release the child to a parent, legal guardian, legal
1622 custodian, or responsible adult relative and make a full written
1623 report to the department’s authorized agent for families in need
1624 of services within 3 days after release or to a department
1625 approved family-in-need-of-services and child-in-need-of
1626 services provider if the person taking the child into custody
1627 reasonably believes has reasonable grounds to believe the child
1628 has run away from a parent, legal guardian, or legal custodian;
1629 is truant; or is ungovernable and beyond the control of the
1630 parent, guardian, or legal custodian; following such release,
1631 the person taking the child into custody shall make a full
1632 written report to the intake office of the department within 3
1633 days; or
1634 (b) Deliver the child to a shelter when: the department,
1635 stating the facts by reason of which the child was taken into
1636 custody and sufficient information to establish probable cause
1637 that the child is from a family in need of services.
1638 1. The parent, legal guardian, or custodian is unavailable
1639 to take immediate custody of the child;
1640 2. The child requested voluntary family services and
1641 shelter placement;
1642 3. A court order under this chapter for shelter placement
1643 has been issued; or
1644 4. The child and the parent, legal guardian, or custodian
1645 voluntarily agree the child is in need of temporary shelter
1646 placement and such placement is necessary to provide a safe
1647 place for the child to remain until the parents and child can
1648 agree on conditions for the child’s safe return home.
1649 (c) Deliver the child to a hospital for necessary
1650 evaluation and treatment if the child is reasonably believed to
1651 be suffering from a serious physical condition which requires
1652 either prompt diagnosis or treatment.
1653 (d) Deliver the child to a designated public receiving
1654 facility as defined in s. 394.455 for examination under s.
1655 394.463 if the child is reasonably believed to be mentally ill,
1656 including immediate threat of suicide as provided in s.
1657 394.463(1).
1658 (e) Deliver the child to a hospital, addictions receiving
1659 facility, or treatment resource if the child is reasonably
1660 believed to be intoxicated and has threatened, attempted, or
1661 inflicted physical harm on himself or herself or another, or is
1662 incapacitated by substance abuse.
1663 (3) If the child is taken into custody and by, or is
1664 delivered to a shelter, the department, the department’s
1665 authorized agent appropriate representative of the department
1666 shall review the facts and make such further inquiry as
1667 necessary to determine whether the child shall remain in
1668 shelter, receive voluntary family services that would allow the
1669 child alleged to be from a family in need of services to remain
1670 at home, custody or be released. Unless shelter is required as
1671 provided in s. 984.14(1), the department shall:
1672 (a) Release the child to his or her parent, guardian, or
1673 legal custodian, to a responsible adult relative, to a
1674 responsible adult approved by the department, or to a
1675 department-approved family-in-need-of-services and child-in
1676 need-of-services provider; or
1677 (b) Authorize temporary services and treatment that would
1678 allow the child alleged to be from a family in need of services
1679 to remain at home.
1680 Section 16. Section 984.14, Florida Statutes, is amended to
1681 read:
1682 984.14 Voluntary shelter services placement; hearing.—
1683 (1) Temporary voluntary shelter services provided by the
1684 department shall provide a safe environment with 24-hour care
1685 and supervision, referrals for services as needed, and education
1686 at the center or offsite and counseling services for children.
1687 Unless ordered by the court pursuant to the provisions of this
1688 chapter, or upon voluntary consent to placement by the child and
1689 the child’s parent, legal guardian, or custodian, a child taken
1690 into custody shall not be placed in a shelter prior to a court
1691 hearing unless a determination has been made that the provision
1692 of appropriate and available services will not eliminate the
1693 need for placement and that such placement is required:
1694 (a) To provide an opportunity for the child and family to
1695 agree upon conditions for the child’s return home, when
1696 immediate placement in the home would result in a substantial
1697 likelihood that the child and family would not reach an
1698 agreement; or
1699 (b) Because a parent, custodian, or guardian is unavailable
1700 to take immediate custody of the child.
1701 (2) If a child is sheltered due to being a runaway, or a
1702 parent, legal guardian, or custodian is unavailable, the shelter
1703 shall immediately attempt to make contact with the parent, legal
1704 guardian, or custodian to advise the family of the child’s
1705 whereabouts, determine whether the child can safely return home,
1706 or determine whether the family is seeking temporary voluntary
1707 shelter services until they can arrange to take the child home.
1708 If the parent, legal guardian, or custodian cannot be located
1709 within 24 hours, the Department of Children and Families shall
1710 be contacted If the department determines that placement in a
1711 shelter is necessary according to the provisions of subsection
1712 (1), the departmental representative shall authorize placement
1713 of the child in a shelter provided by the community specifically
1714 for runaways and troubled youth who are children in need of
1715 services or members of families in need of services and shall
1716 immediately notify the parents or legal custodians that the
1717 child was taken into custody.
1718 (3) A child who is involuntarily placed in a shelter shall
1719 be given a shelter hearing within 24 hours after being taken
1720 into custody to determine whether shelter placement is required.
1721 The shelter petition filed with the court shall address each
1722 condition required to be determined in subsection (1).
1723 (4) A child may not be held involuntarily in a shelter
1724 longer than 24 hours unless an order so directing is made by the
1725 court after a shelter hearing finding that placement in a
1726 shelter is necessary based on the criteria in subsection (1) and
1727 that the department has made reasonable efforts to prevent or
1728 eliminate the need for removal of the child from the home.
1729 (5) Except as provided under s. 984.225, a child in need of
1730 services or a child from a family in need of services may not be
1731 placed in a shelter for longer than 35 days.
1732 (6) When any child is placed in a shelter pursuant to court
1733 order following a shelter hearing, the court shall order the
1734 natural or adoptive parents of such child, the natural father of
1735 such child born out of wedlock who has acknowledged his
1736 paternity in writing before the court, or the guardian of such
1737 child’s estate, if possessed of assets which under law may be
1738 disbursed for the care, support, and maintenance of the child,
1739 to pay, to the department, fees as established by the
1740 department. When the order affects the guardianship estate, a
1741 certified copy of the order shall be delivered to the judge
1742 having jurisdiction of the guardianship estate.
1743 (7) A child who is adjudicated a child in need of services
1744 or alleged to be from a family in need of services or a child in
1745 need of services may not be placed in a secure detention
1746 facility or jail or any other commitment program for delinquent
1747 children under any circumstances.
1748 (8) The court may order the placement of a child in need of
1749 services into a staff-secure facility for no longer than 5 days
1750 for the purpose of evaluation and assessment.
1751 Section 17. Section 984.15, Florida Statutes, is amended to
1752 read:
1753 984.15 Petition for a child in need of services.—
1754 (1) All proceedings seeking an adjudication that a child is
1755 a child in need of services shall be initiated by the filing of
1756 a petition by an attorney representing the department or by the
1757 child’s parent, legal guardian, or legal custodian. If a child
1758 in need of services has been placed in a shelter pursuant to s.
1759 984.14, the department shall file the petition immediately,
1760 including in the petition notice of arraignment pursuant to s.
1761 984.20.
1762 (2)(a) The department shall file a petition for a child in
1763 need of services if the child meets the definition of a child in
1764 need of services, and the case manager or staffing committee
1765 recommends requests that a petition be filed and:
1766 1. The family and child have in good faith, but
1767 unsuccessfully, used the services and process described in ss.
1768 984.11 and 984.12; or
1769 2. The family or child have refused all services described
1770 in ss. 984.11 and 984.12 after reasonable efforts by the
1771 department to involve the family and child in voluntary family
1772 services and treatment.
1773 (b) Once the requirements in paragraph (a) have been met,
1774 the department shall file a petition for a child in need of
1775 services as soon as practicable within 45 days.
1776 (c) The petition shall be in writing, shall state the
1777 specific grounds under s. 984.03(9) by which the child is
1778 designated a child in need of services, and shall certify that
1779 the conditions prescribed in paragraph (a) have been met. The
1780 petition shall be signed by the petitioner under oath stating
1781 good faith in filing the petition and shall be signed by an
1782 attorney for the department.
1783 (3)(a) The parent, legal guardian, or legal custodian may
1784 file a petition alleging that a child is a child in need of
1785 services if:
1786 1. The department waives the requirement for a case
1787 staffing committee.
1788 2. The department fails to convene a meeting of the case
1789 staffing committee within 7 days, excluding weekends and legal
1790 holidays, after receiving a written request for such a meeting
1791 from the child’s parent, legal guardian, or legal custodian.
1792 3. The parent, legal guardian, or legal custodian does not
1793 agree with the plan for services offered by the case staffing
1794 committee.
1795 4. The department fails to provide a written report within
1796 7 days after the case staffing committee meets, as required
1797 under s. 984.12(10) s. 984.12(8).
1798 (b) The parent, legal guardian, or legal custodian must
1799 give the department prior written notice of intent to file the
1800 petition. If, at the arraignment hearing, the court finds that
1801 such written notice of intent to file the petition was not
1802 provided to the department, the court shall dismiss the
1803 petition, postpone the hearing until such written notice is
1804 given, or, if the department agrees, proceed with the
1805 arraignment hearing. The petition must be served on the
1806 department’s office of general counsel.
1807 (c) The petition must be in writing and must set forth
1808 specific facts alleging that the child is a child in need of
1809 services as defined in s. 984.03(9). The petition must also
1810 demonstrate that the parent, legal guardian, or legal custodian
1811 has in good faith, but unsuccessfully, participated in the
1812 services and processes described in ss. 984.11 and 984.12.
1813 (4)(d) The petition must be signed by the petitioner under
1814 oath.
1815 (5)(e) The court, on its own motion or the motion of any
1816 party or the department, shall determine the legal sufficiency
1817 of a petition filed under this subsection and may dismiss any
1818 petition that lacks sufficient grounds. In addition, the court
1819 shall verify that the child is not:
1820 (a)1. The subject of a pending investigation into an
1821 allegation or suspicion of abuse, neglect, or abandonment;
1822 (b)2. The subject of a pending petition referral alleging
1823 that the child is delinquent; or
1824 (c)3. Under the current supervision of the department or
1825 the Department of Children and Families for an adjudication or
1826 withholding of adjudication of delinquency or dependency.
1827 (6)(4) The form of the petition and any additional contents
1828 shall be determined by rules of procedure adopted by the Supreme
1829 Court.
1830 (7)(5) The petitioner department or the parent, guardian,
1831 or legal custodian may withdraw a petition at any time before
1832 prior to the child is being adjudicated a child in need of
1833 services.
1834 Section 18. Section 984.151, Florida Statutes, is amended
1835 to read:
1836 984.151 Early truancy intervention; truancy petition;
1837 judgment prosecution; disposition.—
1838 (1) If the school determines that a student subject to
1839 compulsory school attendance has had at least five unexcused
1840 absences, or absences for which the reasons are unknown, within
1841 a calendar month or 10 unexcused absences, or absences for which
1842 the reasons are unknown, within a 90-calendar-day period
1843 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
1844 absences in a 90-calendar-day period, the superintendent of
1845 schools or his or her designee may file a truancy petition
1846 seeking early truancy intervention.
1847 (2) The petition shall be filed in the circuit in which the
1848 student is enrolled in school.
1849 (3) Original jurisdiction to hear a truancy petition shall
1850 be in the circuit court; however, the circuit court may use a
1851 general or special magistrate master pursuant to Supreme Court
1852 rules. Upon the filing of the petition, the clerk shall issue a
1853 summons to the parent, legal guardian, or legal custodian of the
1854 student, directing that person and the student to appear for a
1855 hearing at a time and place specified.
1856 (4) The petition must contain the following: the name, age,
1857 and address of the student; the name and address of the
1858 student’s parent or guardian; the school where the student is
1859 enrolled; the efforts the school has made to get the student to
1860 attend school in compliance with s. 1003.26; the number of out
1861 of-school contacts between the school system and student’s
1862 parent or guardian; and the number of days and dates of days the
1863 student has missed school. The petition shall be sworn to by the
1864 superintendent or his or her designee.
1865 (5) Once the petition is filed, the court shall hear the
1866 petition within 30 days.
1867 (6) The student and the student’s parent or guardian shall
1868 attend the hearing.
1869 (7) If the court determines that the student did miss any
1870 of the alleged days, the court shall enter an order finding the
1871 child to be a truant status offender and the court shall order
1872 the student to attend school and order the parent, legal
1873 guardian, or custodian to ensure that the student attends
1874 school. The court’s power under this subsection is limited to
1875 entering orders to require the student to attend school and
1876 require the student and family to participate in services to
1877 encourage regular school attendance. The court, and may order
1878 any of the following services:
1879 (a) The student to participate in alternative sanctions to
1880 include mandatory attendance at alternative classes; to be
1881 followed by mandatory community services hours for a period up
1882 to 6 months; the student and
1883 (b) The student’s parent, legal or guardian, or custodian
1884 to participate in parenting classes homemaker or parent aide
1885 services;
1886 (c) The student or the student’s parent, legal or guardian
1887 or custodian to participate in individual, group, or family
1888 intensive crisis counseling;
1889 (d) The student or the student’s parent, legal or guardian,
1890 or custodian to participate in community mental health services
1891 or substance abuse treatment services if available and
1892 applicable;
1893 (e) The student and the student’s parent, legal or
1894 guardian, or custodian to participate in services service
1895 provided by state or community voluntary or community agencies,
1896 if appropriate as available, including services for families in
1897 need of services as provided in s. 984.11;
1898 (f) The student and the student’s parent, legal guardian,
1899 or custodian to attend meetings with school officials to address
1900 the child’s educational needs, classroom assignment, class
1901 schedule, and other barriers to school attendance identified by
1902 the child’s school, the child, or his or her family;
1903 (g) The student and the student’s parent, legal guardian,
1904 or custodian to engage in learning activities provided by the
1905 school board as to why education is important and the potential
1906 impact on the child’s future employment and education options if
1907 the attendance problem persists; or
1908 (h) and The student or the student’s parent, legal or
1909 guardian, or custodian to participate in vocational or, job
1910 training, or employment services.
1911 (8) If the student does not substantially comply with
1912 compulsory school attendance and court-ordered services required
1913 under successfully complete the sanctions ordered in subsection
1914 (7), and the child meets the definition of a child in need of
1915 services, the case shall be referred by the court to the
1916 department’s authorized agent for review by the case staffing
1917 committee under s. 984.12 with a recommendation to file a
1918 petition for child in need of services child-in-need-of-services
1919 petition under s. 984.15. The court shall review the case not
1920 less than every 45 days to determine whether the child is in
1921 substantial compliance with compulsory education or if the case
1922 should be referred to the case staffing committee in accord with
1923 this subsection.
1924 (9) If the student substantially complies with compulsory
1925 school attendance, the court shall close the truancy case.
1926 (10) If the child is adjudicated a child in need of
1927 services pursuant to s. 984.21, the truancy case shall be closed
1928 and jurisdiction relinquished in accordance with s. 984.04.
1929 (11) The court may retain jurisdiction of any case in which
1930 the child is noncompliant with compulsory education and the
1931 child does not meet the definition of a child in need of
1932 services under this chapter until jurisdiction lapses pursuant
1933 to s. 984.04.
1934 (12) The court may not order a child placed in shelter
1935 pursuant to this section unless the court has found the child to
1936 be in contempt for violation of a court order under s. 984.09.
1937 (13)(9) The parent, legal guardian, or legal custodian and
1938 the student shall participate, as required by court order, in
1939 any sanctions or services required by the court under this
1940 section, and the court shall enforce such participation through
1941 its contempt power.
1942 (14) Any truant student that meets the definition of a
1943 child in need of services and who has been found in contempt for
1944 violation of a court order under s. 984.09 two or more times
1945 shall be referred to the case staffing committee under s. 984.12
1946 with a recommendation to file a petition for a child in need of
1947 services.
1948 (15) The clerk of court must serve any court order
1949 referring the case to voluntary family services or the case
1950 staffing committee to the department’s office of general counsel
1951 and to the department’s authorized agent.
1952 Section 19. Subsections (3) and (5) of section 984.16,
1953 Florida Statutes, are amended, and subsection (11) is added to
1954 that section, to read:
1955 984.16 Process and service for child in need of services
1956 petitions.—
1957 (3) The summons shall require the person on whom it is
1958 served to appear for a hearing at a time, and place, and manner
1959 specified. Except in cases of medical emergency, the time shall
1960 not be less than 24 hours after service of the summons. The
1961 summons must may require the custodian to bring the child to
1962 court if the court determines that the child’s presence is
1963 necessary. A copy of the petition shall be attached to the
1964 summons.
1965 (5) The jurisdiction of the court shall attach to the child
1966 and the parent, legal guardian, or custodian, or legal guardian
1967 of the child and the case when the summons is served upon the
1968 child or a parent, or legal guardian, or actual custodian of the
1969 child; or when the child is taken into custody with or without
1970 service of summons and after filing of a petition for a child in
1971 need of services; or when a party personally appears before the
1972 court, whichever occurs first, and thereafter the court may
1973 control the child and case in accordance with this chapter.
1974 (11) If a court takes action that directly involves a
1975 student’s school, including, but not limited to, an order that a
1976 student attend school, attend school with his or her parent,
1977 requiring the parent to participate in meetings, including
1978 parent-teacher conferences, Section 504 plan meetings or
1979 individualized education plan meetings to address the student’s
1980 disability, the office of the clerk of the court shall provide
1981 notice to the school of the court’s order.
1982 Section 20. Section 984.17, Florida Statutes, is amended to
1983 read:
1984 984.17 Response to petition and representation of parties.—
1985 (1) At the time a child in need of services petition is
1986 filed, the court may appoint a guardian ad litem for the child.
1987 (2) No answer to the petition or any other pleading need be
1988 filed by any child, parent, or legal guardian, or custodian, but
1989 any matters which might be set forth in an answer or other
1990 pleading may be pleaded orally before the court or filed in
1991 writing as any such person may choose. Notwithstanding the
1992 filing of an answer or any pleading, the child and or parent,
1993 legal guardian, or custodian shall, before prior to an
1994 adjudicatory hearing, be advised by the court of the right to
1995 counsel.
1996 (3) When a petition for a child in need of services has
1997 been filed and the parents, legal guardian, or legal custodian
1998 of the child and the child have advised the department that the
1999 truth of the allegations is acknowledged and that no contest is
2000 to be made of the adjudication, the attorney representing the
2001 department may set the case before the court for a disposition
2002 hearing. If there is a change in the plea at this hearing, the
2003 court shall continue the hearing to permit the attorney
2004 representing the department to prepare and present the case.
2005 (4) An attorney representing the department shall represent
2006 the state in any proceeding in which the petition alleges that a
2007 child is a child in need of services and in which a party denies
2008 the allegations of the petition and contests the adjudication.
2009 Section 21. Section 984.18, Florida Statutes, is repealed.
2010 Section 22. Section 984.19, Florida Statutes, is amended to
2011 read:
2012 984.19 Medical screening and treatment of child;
2013 examination of parent, legal guardian, or person requesting
2014 custody.—
2015 (1) When any child is to be placed in shelter care, the
2016 department or its authorized agent may is authorized to have a
2017 medical screening provided for performed on the child without
2018 authorization from the court and without consent from a parent,
2019 legal or guardian, or custodian. Such medical screening shall be
2020 provided performed by a licensed health care professional and
2021 shall be to screen examine the child for injury, illness, and
2022 communicable diseases. In no case does this subsection authorize
2023 the department to consent to medical treatment for such
2024 children.
2025 (2) When the department has performed the medical screening
2026 authorized by subsection (1) or when it is otherwise determined
2027 by a licensed health care professional that a child is in need
2028 of medical treatment, consent for medical treatment shall be
2029 obtained in the following manner:
2030 (a)1. Consent to medical treatment shall be obtained from a
2031 parent, legal or guardian, or custodian of the child; or
2032 2. A court order for such treatment shall be obtained.
2033 (b) If a parent, legal or guardian, or custodian of the
2034 child is unavailable and his or her whereabouts cannot be
2035 reasonably ascertained, and it is after normal working hours so
2036 that a court order cannot reasonably be obtained, an authorized
2037 agent of the department or its provider has the authority to
2038 consent to necessary medical treatment for the child. The
2039 authority of the department to consent to medical treatment in
2040 this circumstance is limited to the time reasonably necessary to
2041 obtain court authorization.
2042 (c) If a parent, legal or guardian, or custodian of the
2043 child is available but refuses to consent to the necessary
2044 treatment, a court order is required, unless the situation meets
2045 the definition of an emergency in s. 743.064 or the treatment
2046 needed is related to suspected abuse or neglect of the child by
2047 the parent or guardian. In such case, the department’s
2048 authorized agent may department has the authority to consent to
2049 necessary medical treatment. This authority is limited to the
2050 time reasonably necessary to obtain court authorization.
2051
2052 In no case may the department consent to sterilization,
2053 abortion, or termination of life support.
2054 (3) A judge may order that a child alleged to be or
2055 adjudicated a child in need of services be examined by a
2056 licensed health care professional. The judge may also order such
2057 child to be evaluated by a psychiatrist or a psychologist, by a
2058 district school board educational needs assessment team, or, if
2059 a developmental disability is suspected or alleged, by the
2060 developmental disability diagnostic and evaluation team of the
2061 Department of Children and Families or Agency for Persons with
2062 Disabilities. The judge may order a family assessment if that
2063 assessment was not completed at an earlier time. If it is
2064 necessary to place a child in a residential facility for such
2065 evaluation, then the criteria and procedure established in s.
2066 394.463(2) or chapter 393 shall be used, whichever is
2067 applicable. The educational needs assessment provided by the
2068 district school board educational needs assessment team shall
2069 include, but not be limited to, reports of intelligence and
2070 achievement tests, screening for learning disabilities and other
2071 handicaps, and screening for the need for alternative education
2072 pursuant to s. 1003.53.
2073 (4) A judge may order that a child alleged to be or
2074 adjudicated a child in need of services be treated by a licensed
2075 health care professional. The judge may also order such child to
2076 receive mental health or intellectual disability services from a
2077 psychiatrist, psychologist, or other appropriate service
2078 provider. If it is necessary to place the child in a residential
2079 facility for such services, the procedures and criteria
2080 established in s. 394.467 or chapter 393 shall be used, as
2081 applicable. A child may be provided services in emergency
2082 situations pursuant to the procedures and criteria contained in
2083 s. 394.463(1) or chapter 393, as applicable.
2084 (5) When there are indications of physical injury or
2085 illness, a licensed health care professional shall be
2086 immediately contacted called or the child shall be taken to the
2087 nearest available hospital for emergency care.
2088 (6) Except as otherwise provided herein, nothing in this
2089 section does not shall be deemed to eliminate the right of a
2090 parent, legal a guardian, or custodian, or the child, to consent
2091 to examination or treatment for the child.
2092 (7) Except as otherwise provided herein, nothing in this
2093 section does not shall be deemed to alter the provisions of s.
2094 743.064.
2095 (8) A court may order shall not be precluded from ordering
2096 services or treatment to be provided to the child by a duly
2097 accredited practitioner who relies solely on spiritual means for
2098 healing in accordance with the tenets and practices of a church
2099 or religious organization, when required by the child’s health
2100 and when requested by the child.
2101 (9) Nothing in This section does not shall be construed to
2102 authorize the permanent sterilization of the child, unless such
2103 sterilization is the result of or incidental to medically
2104 necessary treatment to protect or preserve the life of the
2105 child.
2106 (10) For the purpose of obtaining an evaluation or
2107 examination or receiving treatment as authorized pursuant to
2108 this section, no child alleged to be or found to be a child from
2109 a family in need of services or a child in need of services
2110 shall be placed in a detention facility or other program used
2111 primarily for the care and custody of children alleged or found
2112 to have committed delinquent acts.
2113 (11) The parents, legal guardian, or custodian guardian of
2114 a child alleged to be or adjudicated a child in need of services
2115 remain financially responsible for the cost of medical treatment
2116 provided to the child even if one or both of the parents or if
2117 the legal guardian or custodian did not consent to the medical
2118 treatment. After a hearing, the court may order the parents,
2119 legal or guardian, or custodian, if found able to do so, to
2120 reimburse the department or other provider of medical services
2121 for treatment provided.
2122 (12) A judge may order a child under its jurisdiction to
2123 submit to substance abuse evaluation, testing, and treatment in
2124 accordance with s. 397.706 Nothing in this section alters the
2125 authority of the department to consent to medical treatment for
2126 a child who has been committed to the department pursuant to s.
2127 984.22(3) and of whom the department has become the legal
2128 custodian.
2129 (13) At any time after the filing of a petition for a child
2130 in need of services, when the mental or physical condition,
2131 including the blood group, of a parent, guardian, or other
2132 person requesting custody of a child is in controversy, the
2133 court may order the person to submit to a physical or mental
2134 examination by a qualified professional. The order may be made
2135 only upon good cause shown and pursuant to notice and procedures
2136 as set forth by the Florida Rules of Juvenile Procedure.
2137 Section 23. Section 984.20, Florida Statutes, is amended to
2138 read:
2139 984.20 Hearings for child in need of services child-in
2140 need-of-services cases.—
2141 (1) ARRAIGNMENT HEARING.—
2142 (a) The clerk shall set a date for an arraignment hearing
2143 within a reasonable time after the date of the filing of the
2144 child in need of services petition. The court shall advise the
2145 child and the parent, legal guardian, or custodian of the right
2146 to counsel as provided in s. 984.07. When a child has been taken
2147 into custody by order of the court, an arraignment hearing shall
2148 be held within 7 days after the date the child is taken into
2149 custody. The hearing shall be held for the child and the parent,
2150 legal guardian, or custodian to admit, deny, or consent to
2151 findings that a child is in need of services as alleged in the
2152 petition. If the child and the parent, legal guardian, or
2153 custodian admit or consent to the findings in the petition, the
2154 court shall adjudicate the child a child in need of services and
2155 proceed as set forth in the Florida Rules of Juvenile Procedure.
2156 However, if either the child or the parent, legal guardian, or
2157 custodian denies any of the allegations of the petition, the
2158 court shall hold an adjudicatory hearing within a reasonable
2159 time after the date of the arraignment hearing 7 days after the
2160 date of the arraignment hearing.
2161 (b) The court may grant a continuance of the arraignment
2162 hearing When a child is in the custody of the parent, guardian,
2163 or custodian, upon the filing of a petition, the clerk shall set
2164 a date for an arraignment hearing within a reasonable time from
2165 the date of the filing of the petition. if the child or and the
2166 parent, legal guardian, or custodian request a continuance to
2167 obtain an attorney. The case shall be rescheduled for an
2168 arraignment hearing within a reasonable period of time to allow
2169 for consultation admit or consent to an adjudication, the court
2170 shall proceed as set forth in the Florida Rules of Juvenile
2171 Procedure. However, if either the child or the parent, guardian,
2172 or custodian denies any of the allegations of child in need of
2173 services, the court shall hold an adjudicatory hearing within a
2174 reasonable time from the date of the arraignment hearing.
2175 (c) If at the arraignment hearing the child and the parent,
2176 legal guardian, or custodian consents or admits to the
2177 allegations in the petition and the court determines that the
2178 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
2179 the court shall proceed to hold a disposition hearing at the
2180 earliest practicable time that will allow for the completion of
2181 a predisposition study.
2182 (d) Failure of a person served with notice to appear at the
2183 arraignment hearing constitutes the person’s consent to the
2184 adjudication of the child as a child in need of services. The
2185 document containing the notice to respond or appear must
2186 contain, in type as large as the balance of the document, the
2187 following or substantially similar language:
2188
2189 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
2190 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
2191 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
2192 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
2193 CHILD INTO SHELTER.
2194
2195 If a person appears for the arraignment hearing and the court
2196 orders that person to appear, either physically or through
2197 audio-video communication technology, at the adjudicatory
2198 hearing for the child in need of services case, stating the
2199 date, time, place, and, if applicable, the instructions for
2200 appearance through audio-video communication technology, of the
2201 adjudicatory hearing, that person’s failure to appear for the
2202 scheduled adjudicatory hearing constitutes consent to
2203 adjudication of the child as a child in need of services.
2204 (2) ADJUDICATORY HEARING.—
2205 (a) The adjudicatory hearing shall be held as soon as
2206 practicable after the petition for a child in need of services
2207 is filed and in accordance with the Florida Rules of Juvenile
2208 Procedure, but reasonable delay for the purpose of
2209 investigation, discovery, or procuring counsel or witnesses
2210 shall, whenever practicable, be granted. If the child is in
2211 custody, the adjudicatory hearing shall be held within 14 days
2212 after the date the child was taken into custody.
2213 (b) Adjudicatory hearings shall be conducted by the judge
2214 without a jury, applying the rules of evidence in use in civil
2215 cases and adjourning the hearings from time to time as
2216 necessary. In an adjudicatory a hearing on a petition in which
2217 it is alleged that the child is a child in need of services, a
2218 preponderance of evidence shall be required to establish that
2219 the child is in need of services. If the court finds the
2220 allegations are proven by a preponderance of evidence and the
2221 child is a child in need of services, the court shall enter an
2222 order of adjudication.
2223 (c) All hearings, except as hereinafter provided, shall be
2224 open to the public, and no person shall be excluded therefrom
2225 except on special order of the judge who, in his or her
2226 discretion, may close any hearing to the public when the public
2227 interest or the welfare of the child, in his or her opinion, is
2228 best served by so doing. Hearings involving more than one child
2229 may be held simultaneously when the several children involved
2230 are related to each other or were involved in the same case. The
2231 child and the parent, legal guardian, or custodian of the child
2232 may be examined separately and apart from each other.
2233 (3) DISPOSITION HEARING.—
2234 (a) At the disposition hearing, if the court finds that the
2235 facts alleged in the petition of a child in need of services
2236 were proven in the adjudicatory hearing, the court shall receive
2237 and consider a predisposition study, which shall be in writing
2238 and be presented by an authorized agent of the department or its
2239 provider.
2240 (a) The predisposition study shall cover:
2241 1. All treatment and services that the parent, legal
2242 guardian, or custodian and child received.
2243 2. The love, affection, and other emotional ties existing
2244 between the family parents and the child.
2245 3. The capacity and disposition of the parents, legal
2246 guardian, or custodian to provide the child with food, clothing,
2247 medical care or other remedial care recognized and permitted
2248 under the laws of this state in lieu of medical care, and other
2249 material needs.
2250 4. The length of time that the child has lived in a stable,
2251 satisfactory environment and the desirability of maintaining
2252 continuity.
2253 5. The permanence, as a family unit, of the existing or
2254 proposed custodial home.
2255 6. The moral fitness of the parents, legal guardian, or
2256 custodian.
2257 7. The mental and physical health of the family.
2258 8. The home, school, and community record of the child.
2259 9. The reasonable preference of the child, if the court
2260 deems the child to be of sufficient intelligence, understanding,
2261 and experience to express a preference.
2262 10. Any other factor considered by the court to be
2263 relevant.
2264 (b) The predisposition study also shall provide the court
2265 with documentation regarding:
2266 1. The availability of appropriate prevention, services,
2267 and treatment for the parent, legal guardian, custodian, and
2268 child to prevent the removal of the child from the home or to
2269 reunify the child with the parent, legal guardian, or custodian
2270 after removal or to reconcile the problems between the family
2271 parent, guardian, or custodian and the child.;
2272 2. The inappropriateness of other prevention, treatment,
2273 and services that were available.;
2274 3. The efforts by the department to prevent shelter out-of
2275 home placement of the child or, when applicable, to reunify the
2276 parent, legal guardian, or custodian if appropriate services
2277 were available.;
2278 4. Whether voluntary family the services were provided.;
2279 5. If the voluntary family services and treatment were
2280 provided, whether they were sufficient to meet the needs of the
2281 child and the family and to enable the child to remain at home
2282 or to be returned home.;
2283 6. If the voluntary family services and treatment were not
2284 provided, the reasons for such lack of provision.; and
2285 7. The need for, or appropriateness of, continuing such
2286 treatment and services if the child remains in the custody of
2287 the parent, legal guardian, or custodian or if the child is
2288 placed outside the home.
2289 (c) If placement of the child with anyone other than the
2290 child’s parent, guardian, or custodian is being considered, the
2291 study shall include the designation of a specific length of time
2292 as to when custody by the parent, guardian, or custodian shall
2293 be reconsidered.
2294 (d) A copy of this predisposition study shall be furnished
2295 to the person having custody of the child at the time such
2296 person is notified of the disposition hearing.
2297 (e) After review of the predisposition study and other
2298 relevant materials, the court shall hear from the parties and
2299 consider all recommendations for court-ordered services,
2300 evaluations, treatment, and required actions designed to remedy
2301 the child’s truancy, ungovernable behavior, or running away. The
2302 court shall enter an order of disposition.
2303
2304 Any other relevant and material evidence, including other
2305 written or oral reports, may be received by the court in its
2306 effort to determine the action to be taken with regard to the
2307 child and may be relied upon to the extent of its probative
2308 value, even though not competent in an adjudicatory hearing.
2309 Except as provided in paragraph (2)(c), nothing in this section
2310 does not shall prohibit the publication of proceedings in a
2311 hearing.
2312 (4) REVIEW HEARINGS.—
2313 (a) The court shall hold a review hearing within 45 days
2314 after the disposition hearing. Additional review hearings may be
2315 held as necessary, allowing sufficient time for the child and
2316 family to work toward compliance with the court orders and
2317 monitoring by the case manager. No longer than 90 days may
2318 elapse between judicial review hearings but no less than 45 days
2319 after the date of the last review hearing.
2320 (b) The parent, legal guardian, or custodian and the child
2321 shall be noticed to appear for the review hearing. The
2322 department must appear at the review hearing. If the parent,
2323 legal guardian, or custodian does not appear at a review
2324 hearing, or if the court finds good cause to waive the child’s
2325 presence, the court may proceed with the hearing and enter
2326 orders that affect the child and family accordingly.
2327 (c)(b) At the review hearings, the court shall consider the
2328 department’s judicial review summary. The court shall close the
2329 case if the child has substantially complied with the case plans
2330 and court orders and no longer requires continued court
2331 supervision, subject to the case being reopened. Upon request of
2332 the petitioner, the court may close the case and relinquish
2333 jurisdiction. If the child has significantly failed to comply
2334 with the case plan or court orders, the child shall continue to
2335 be a child in need of services and reviewed by the court as
2336 needed. At review hearings, the court may enter further orders
2337 to adjust the services case plan to address the family needs and
2338 compliance with court orders, including, but not limited to,
2339 ordering the child placed in shelter, but no less than 45 days
2340 after the date of the last review hearing.
2341 Section 24. Section 984.21, Florida Statutes, is amended to
2342 read:
2343 984.21 Orders of adjudication.—
2344 (2)(1) If the court finds that the child named in a
2345 petition is not a child in need of services, it shall enter an
2346 order so finding and dismiss dismissing the case.
2347 (2) If the court finds that the child named in the petition
2348 is a child in need of services, but finds that no action other
2349 than supervision in the home is required, it may enter an order
2350 briefly stating the facts upon which its finding is based, but
2351 withholding an order of adjudication and placing the child and
2352 family under the supervision of the department. If the court
2353 later finds that the parent, guardian, or custodian of the child
2354 have not complied with the conditions of supervision imposed,
2355 the court may, after a hearing to establish the noncompliance,
2356 but without further evidence of the state of the child in need
2357 of services, enter an order of adjudication and shall thereafter
2358 have full authority under this chapter to provide for the child
2359 as adjudicated.
2360 (3) If the court finds by a preponderance of evidence that
2361 the child named in a petition is a child in need of services,
2362 but elects not to proceed under subsection (2), it shall
2363 incorporate that finding in an order of adjudication entered in
2364 the case, briefly stating the facts upon which the finding is
2365 made, and the court shall thereafter have full authority under
2366 this chapter to provide for the child as adjudicated.
2367 (1)(4) An order of adjudication by a court that a child is
2368 a child in need of services is a civil adjudication, and is
2369 services shall not be deemed a conviction, nor shall the child
2370 be deemed to have been found guilty or to be a delinquent or
2371 criminal by reason of that adjudication, nor shall that
2372 adjudication operate to impose upon the child any of the civil
2373 disabilities ordinarily imposed by or resulting from conviction
2374 or disqualify or prejudice the child in any civil service
2375 application or appointment.
2376 Section 25. Section 984.22, Florida Statutes, is amended to
2377 read:
2378 984.22 Powers of disposition.—
2379 (1) If the court finds that services and treatment have not
2380 been provided or used utilized by a child or family, the court
2381 having jurisdiction of the child in need of services shall have
2382 the power to direct the least intrusive and least restrictive
2383 disposition, as follows:
2384 (a) Order the parent, legal guardian, or custodian and the
2385 child to participate in treatment, services, and any other
2386 alternative identified as necessary.
2387 (b) Order the parent, legal guardian, or custodian to pay a
2388 fine or fee based on the recommendations of the department.
2389 (2) When any child is adjudicated by the court to be a
2390 child in need of services, the court having jurisdiction of the
2391 child and parent, legal guardian, or custodian shall have the
2392 power, by order, to:
2393 (a) Place the child under the supervision of the
2394 department’s authorized agent contracted provider of programs
2395 and services for children in need of services and families in
2396 need of services. The term “supervision,” for the purposes of
2397 this section, means services as defined by the contract between
2398 the department and the provider.
2399 (b) Place the child in the temporary legal custody of an
2400 adult willing to care for the child.
2401 (c) Commit the child to a licensed child-caring agency
2402 willing to receive the child and to provide services without
2403 compensation from the department.
2404 (d) Order the child, and, if the court finds it
2405 appropriate, the parent, legal guardian, or custodian of the
2406 child, to render community service in a public service program.
2407 (e) Order the child placed in shelter pursuant to s.
2408 984.225 or s. 984.226.
2409 (3) When any child is adjudicated by the court to be a
2410 child in need of services and temporary legal custody of the
2411 child has been placed with an adult willing to care for the
2412 child, or a licensed child-caring agency, the Department of
2413 Juvenile Justice, or the Department of Children and Families,
2414 the court shall order the natural or adoptive parents of such
2415 child, including the natural father of such child born out of
2416 wedlock who has acknowledged his paternity in writing before the
2417 court, or the guardian of such child’s estate if possessed of
2418 assets which under law may be disbursed for the care, support,
2419 and maintenance of such child, to pay child support to the adult
2420 relative caring for the child, the licensed child-caring agency,
2421 the department of Juvenile Justice, or the Department of
2422 Children and Families. When such order affects the guardianship
2423 estate, a certified copy of such order shall be delivered to the
2424 judge having jurisdiction of such guardianship estate. If the
2425 court determines that the parent is unable to pay support,
2426 placement of the child shall not be contingent upon issuance of
2427 a support order. The department may employ a collection agency
2428 to receive, collect, and manage for the purpose of receiving,
2429 collecting, and managing the payment of unpaid and delinquent
2430 fees. The collection agency must be registered and in good
2431 standing under chapter 559. The department may pay to the
2432 collection agency a fee from the amount collected under the
2433 claim or may authorize the agency to deduct the fee from the
2434 amount collected.
2435 (4) All payments of fees made to the department under this
2436 chapter, or child support payments made to the department
2437 pursuant to subsection (3), shall be deposited in the General
2438 Revenue Fund.
2439 (4)(5) In carrying out the provisions of this chapter, the
2440 court shall order the child, family, parent, legal guardian, or
2441 custodian of a child who is found to be a child in need of
2442 services to participate in family counseling and other
2443 professional counseling activities or other alternatives deemed
2444 necessary to address the needs for the rehabilitation of the
2445 child and family.
2446 (5)(6) The participation and cooperation of the family,
2447 parent, legal guardian, or custodian, and the child with court
2448 ordered services, treatment, or community service are mandatory,
2449 not merely voluntary. The court may use its contempt powers to
2450 enforce its orders order.
2451 Section 26. Section 984.225, Florida Statutes, is amended
2452 to read:
2453 984.225 Powers of disposition; placement in a staff-secure
2454 shelter.—
2455 (1) Subject to specific legislative appropriation, The
2456 court may order that a child adjudicated as a child in need of
2457 services be placed in shelter to enforce the court’s orders, to
2458 ensure the child attends school, to ensure the child receives
2459 needed counseling, and to ensure the child adheres to a service
2460 plan. While a child is in a shelter, the child shall receive
2461 education commensurate with his or her grade level and
2462 educational ability. The department, or the department’s
2463 authorized agent, must verify to the court that a shelter bed is
2464 available for the child. If the department or the department’s
2465 authorized agent verifies that a bed is not available, the
2466 department shall place the child’s name on a waiting list. The
2467 child who has been on the waiting list the longest shall get the
2468 next available bed. for up to 90 days in a staff-secure shelter
2469 if:
2470 (2) The court shall order the parent, legal guardian, or
2471 custodian to cooperate with reunification efforts and
2472 participate in counseling. If a parent, legal guardian, or
2473 custodian prefers to arrange counseling or other services with a
2474 private provider in lieu of using services provided by the
2475 department, the family shall pay all costs associated with those
2476 services.
2477 (3) Placement of a child under this section is designed to
2478 provide residential care on a temporary basis. Such placement
2479 does not abrogate the legal responsibilities of the parent,
2480 legal guardian, or custodian with respect to the child, except
2481 to the extent that those responsibilities are temporarily
2482 altered by court order.
2483 (a) The court may order any child adjudicated a child in
2484 need of services to be placed in shelter for up to 35 days.
2485 (b) After other alternative, less restrictive, remedies
2486 have been exhausted, the child may be placed in shelter for up
2487 to 90 days if:
2488 1.(a) The child’s parent, legal guardian, or legal
2489 custodian refuses to provide food, clothing, shelter, and
2490 necessary parental support for the child and the refusal is a
2491 direct result of an established pattern of significant
2492 disruptive behavior of the child in the home of the parent,
2493 legal guardian, or legal custodian;
2494 2.(b) The child refuses to remain under the reasonable care
2495 and custody of the his or her parent, legal guardian, or legal
2496 custodian, as evidenced by repeatedly running away and failing
2497 to comply with a court order; or
2498 3.(c) The child has failed to successfully complete an
2499 alternative treatment program or to comply with a court-ordered
2500 services sanction and the child has been placed in a shelter
2501 residential program on at least one prior occasion pursuant to a
2502 court order after the child has been adjudicated a child in need
2503 of services under this chapter.
2504 (4) The court shall review the child’s 90-day shelter
2505 placement within 45 days after the child’s placement and
2506 determine whether continued shelter is deemed necessary. The
2507 court shall also determine whether the parent, legal guardian,
2508 or custodian has reasonably participated in the child’s
2509 counseling and treatment program, and is following the
2510 recommendations of the program to work toward reunification. The
2511 court shall also determine whether the department’s
2512 reunification efforts have been reasonable. If the court finds
2513 an inadequate level of support or participation by the parent,
2514 legal guardian, or custodian before the end of the shelter
2515 commitment period, the court shall direct a staffing to take
2516 place with the Department of Children and Families.
2517 (2) This section applies after other alternative, less
2518 restrictive remedies have been exhausted. The court may order
2519 that a child be placed in a staff-secure shelter. The
2520 department, or an authorized representative of the department,
2521 must verify to the court that a bed is available for the child.
2522 If the department or an authorized representative of the
2523 department verifies that a bed is not available, the department
2524 will place the child’s name on a waiting list. The child who has
2525 been on the waiting list the longest will get the next available
2526 bed.
2527 (3) The court shall order the parent, guardian, or legal
2528 custodian to cooperate with efforts to reunite the child with
2529 the family, participate in counseling, and pay all costs
2530 associated with the care and counseling provided to the child
2531 and family, in accordance with the family’s ability to pay as
2532 determined by the court. Commitment of a child under this
2533 section is designed to provide residential care on a temporary
2534 basis. Such commitment does not abrogate the legal
2535 responsibilities of the parent, guardian, or legal custodian
2536 with respect to the child, except to the extent that those
2537 responsibilities are temporarily altered by court order.
2538 (4) While a child is in a staff-secure shelter, the child
2539 shall receive education commensurate with his or her grade level
2540 and educational ability.
2541 (5) If a child has not been reunited with his or her
2542 parent, legal guardian, or legal custodian at the expiration of
2543 the 90-day commitment period, the court may order that the child
2544 remain in the staff-secure shelter for an additional 30 days if
2545 the court finds that reunification could be achieved within that
2546 period.
2547 (6) The department is deemed to have exhausted the
2548 reasonable remedies offered under this chapter if, at the end of
2549 the 90-day shelter commitment period, the parent, legal
2550 guardian, or legal custodian continues to refuse to allow the
2551 child to remain at home or creates unreasonable conditions for
2552 the child’s return. If, at the end of the 90-day shelter
2553 commitment period, the child is not reunited with his or her
2554 parent, legal guardian, or custodian due solely to the continued
2555 refusal of the parent, legal guardian, or custodian to provide
2556 food, clothing, shelter, and parental support, the child is
2557 considered to be threatened with harm as a result of such acts
2558 or omissions, and the court shall direct that the child be
2559 handled in every respect as a dependent child. Jurisdiction
2560 shall be transferred to the custody of the Department of
2561 Children and Families, and the child’s care shall be governed
2562 under the relevant provisions of chapter 39. The department
2563 shall coordinate with the Department of Children and Families as
2564 provided in s. 984.086. The clerk of court shall serve the
2565 Department of Children and Families with any court order of
2566 referral.
2567 (7) The court shall review the child’s commitment once
2568 every 45 days as provided in s. 984.20. The court shall
2569 determine whether the parent, guardian, or custodian has
2570 reasonably participated in and financially contributed to the
2571 child’s counseling and treatment program. The court shall also
2572 determine whether the department’s efforts to reunite the family
2573 have been reasonable. If the court finds an inadequate level of
2574 support or participation by the parent, guardian, or custodian
2575 prior to the end of the commitment period, the court shall
2576 direct that the child be handled in every respect as a dependent
2577 child. Jurisdiction shall be transferred to the Department of
2578 Children and Families, and the child’s care shall be governed
2579 under the relevant provisions of chapter 39.
2580 (6)(8) If the child requires residential mental health
2581 treatment or residential care for a developmental disability,
2582 the court shall refer the child to the Agency for Persons with
2583 Disabilities or to the Department of Children and Families for
2584 the provision of necessary services.
2585 Section 27. Section 984.226, Florida Statutes, is amended
2586 to read:
2587 984.226 Physically secure shelter setting.—
2588 (1) Subject to specific legislative appropriation, the
2589 department of Juvenile Justice shall establish or contract for
2590 physically secure shelters settings designated exclusively for
2591 the placement of children in need of services who meet the
2592 criteria provided in this section.
2593 (2) When a petition is filed alleging that a child is a
2594 child in need of services, the child must be represented by
2595 counsel at each court appearance unless the record in that
2596 proceeding affirmatively demonstrates by clear and convincing
2597 evidence that the child knowingly and intelligently waived the
2598 right to counsel after being fully advised by the court of the
2599 nature of the proceedings and the dispositional alternatives
2600 available to the court under this section. If the court decides
2601 to appoint counsel for the child and if the child is indigent,
2602 the court shall appoint an attorney to represent the child as
2603 provided under s. 985.033. Nothing precludes the court from
2604 requesting reimbursement of attorney’s fees and costs from the
2605 nonindigent parent or legal guardian.
2606 (2)(3) When a child is adjudicated as a child in need of
2607 services by a court and all other less restrictive placements
2608 have been exhausted, the court may order the child to be placed
2609 in a physically secure shelter setting authorized in this
2610 section if the child has:
2611 (a) Failed to appear for placement in a staff-secure
2612 shelter for up to 90 days as ordered under s. 984.225, or failed
2613 to comply with any other provision of a valid court order
2614 relating to such placement and, as a result of such failure, has
2615 been found to be in direct or indirect contempt of court; or
2616 (b) Run away from a 90-day staff-secure shelter following
2617 placement under s. 984.225 or s. 984.09.
2618
2619 The department or an authorized agent representative of the
2620 department must verify to the court that a bed is available for
2621 the child in a physically secure shelter. If a bed is not
2622 available in a physically secure shelter, the court must stay
2623 the placement until such a bed is available, and the department
2624 must place the child’s name on a waiting list. The child who has
2625 been on the waiting list the longest has first priority for
2626 placement in the physically secure shelter. Physically secure
2627 shelter placement may only be used when the child cannot receive
2628 appropriate and available services due to the child running away
2629 or refusing to cooperate with attempts to provide services in
2630 other less restrictive placements setting.
2631 (3)(4) A child may be placed in a physically secure shelter
2632 setting for up to 90 days by order of the court. If a child has
2633 not been reunited with his or her parent, guardian, or legal
2634 custodian at the expiration of the placement in a physically
2635 secure shelter setting, the court may order that the child
2636 remain in the physically secure shelter setting for an
2637 additional 30 days if the court finds that reunification could
2638 be achieved within that period.
2639 (4)(5)(a) The court shall review the child’s placement once
2640 within every 45 days to determine whether the child can be
2641 returned home with the provision of ongoing services as provided
2642 in s. 984.20.
2643 (b) At any time during the placement of a child in need of
2644 services in a physically secure shelter setting, the department
2645 or an authorized agent representative of the department may
2646 submit to the court a report that recommends:
2647 1. That the child has received all of the services
2648 available from the physically secure shelter setting and is
2649 ready for reunification with a parent or guardian; or
2650 2. That the child is unlikely to benefit from continued
2651 placement in the physically secure shelter setting and is more
2652 likely to have his or her needs met in a different type of
2653 placement. The court may order that the child be transitioned
2654 from a physically secure shelter to a shelter placement as
2655 provided in s. 984.225 upon a finding that the physically secure
2656 shelter is no longer necessary for the child’s safety and to
2657 provide needed services.
2658 (c) The court shall determine if the parent, legal
2659 guardian, or custodian has reasonably participated in and has
2660 financially contributed to or participated in the child’s
2661 counseling and treatment program.
2662 (d) If the court finds an inadequate level of support or
2663 participation by the parent, legal guardian, or custodian before
2664 the end of the placement, the court shall direct a staffing to
2665 take place with the Department of Children and Families that the
2666 child be handled as a dependent child, jurisdiction shall be
2667 transferred to the Department of Children and Families, and the
2668 child’s care shall be governed by chapter 39.
2669 (e) If the child requires long-term residential mental
2670 health treatment or residential care for a developmental
2671 disability, the court shall refer the child to the Department of
2672 Children and Families or the Agency for Persons with
2673 Disabilities for the provision of necessary services. The clerk
2674 of court shall serve the Agency for Persons with Disabilities or
2675 the Department of Children and Families with any court order of
2676 referral.
2677 (5)(6) Prior to being ordered to a physically secure
2678 shelter setting, the child must be afforded all rights of due
2679 process required under s. 984.07 985.037.
2680 (6) While in the physically secure shelter setting, the
2681 child shall receive appropriate assessment, intervention,
2682 treatment, and educational services that are designed to
2683 eliminate or reduce the child’s truant, ungovernable, or runaway
2684 behavior. The child and family shall be provided with individual
2685 and family counseling and other support services necessary for
2686 reunification.
2687 (7) The court shall order the parent, legal guardian, or
2688 legal custodian to cooperate with efforts to reunite the child
2689 with the family, participate in counseling, and pay all costs
2690 associated with the care and counseling provided to the child
2691 and family, in accordance with the child’s insurance and the
2692 family’s ability to pay as determined by the court. Placement of
2693 a child under this section is designed to provide residential
2694 care on a temporary basis. Such placement does not abrogate the
2695 legal responsibilities of the parent, legal guardian, or legal
2696 custodian with respect to the child, except to the extent that
2697 those responsibilities are temporarily altered by court order.
2698 Section 28. Section 985.731, Florida Statutes, is
2699 transferred and renumbered as section 787.035, Florida Statutes.
2700 Section 29. Subsection (9) of section 985.03, Florida
2701 Statutes, is amended to read:
2702 985.03 Definitions.—As used in this chapter, the term:
2703 (9) “Child who has been found to have committed a
2704 delinquent act” means a child who, under this chapter, is found
2705 by a court to have committed a violation of law or to be in
2706 direct or indirect contempt of court, except that this
2707 definition does not include an act constituting contempt of
2708 court arising out of a dependency proceeding under chapter 39 or
2709 chapter 984 or a proceeding concerning a child or family in need
2710 of services.
2711 Section 30. Subsection (4) of section 985.24, Florida
2712 Statutes, is amended to read:
2713 985.24 Use of detention; prohibitions.—
2714 (4) A child who is alleged to be dependent under chapter
2715 39, or any child subject to proceedings under chapter 984, but
2716 who is not alleged to have committed a delinquent act or
2717 violation of law, may not, under any circumstances, be placed
2718 into secure detention care.
2719 Section 31. Section 1003.26, Florida Statutes, is amended
2720 to read:
2721 1003.26 Enforcement of school attendance.—The Legislature
2722 finds that poor academic performance is associated with
2723 nonattendance and that school districts must take an active role
2724 in promoting and enforcing attendance as a means of improving
2725 student performance. It is the policy of the state that each
2726 district school superintendent be responsible for enforcing
2727 school attendance of all students subject to the compulsory
2728 school age in the school district and supporting enforcement of
2729 school attendance by local law enforcement agencies. The
2730 responsibility includes recommending policies and procedures to
2731 the district school board that require public schools to respond
2732 in a timely manner to every unexcused absence, and every absence
2733 for which the reason is unknown, of students enrolled in the
2734 schools. District school board policies shall require the parent
2735 of a student to justify each absence of the student, and that
2736 justification will be evaluated based on adopted district school
2737 board policies that define excused and unexcused absences. The
2738 policies must provide that public schools track excused and
2739 unexcused absences and contact the home in the case of an
2740 unexcused absence from school, or an absence from school for
2741 which the reason is unknown, to prevent the development of
2742 patterns of nonattendance. The Legislature finds that early
2743 intervention in school attendance is the most effective way of
2744 producing good attendance habits that will lead to improved
2745 student learning and achievement. Each public school is required
2746 to shall implement the following steps to promote and enforce
2747 regular school attendance:
2748 (1) CONTACT, REFER, AND ENFORCE.—
2749 (a) Upon each unexcused absence, or absence for which the
2750 reason is unknown, the school principal or his or her designee
2751 must shall contact the student’s parent to determine the reason
2752 for the absence. If the absence is an excused absence, as
2753 defined by district school board policy, the school shall
2754 provide opportunities for the student to make up assigned work
2755 and not receive an academic penalty unless the work is not made
2756 up within a reasonable time.
2757 (b) If a student has had at least five unexcused absences,
2758 or absences for which the reasons are unknown, within a calendar
2759 month or 10 unexcused absences, or absences for which the
2760 reasons are unknown, within a 90-calendar-day period, the
2761 student’s primary teacher must shall report to the school
2762 principal or his or her designee that the student may be
2763 exhibiting a pattern of nonattendance. The principal shall,
2764 Unless there is clear evidence that the absences are not a
2765 pattern of nonattendance, the principal must refer the case to
2766 the school’s child study team to determine if early patterns of
2767 truancy are developing. If the child study team finds that a
2768 pattern of nonattendance is developing, whether the absences are
2769 excused or not, a meeting with the parent must be scheduled to
2770 identify potential remedies, and the principal must shall notify
2771 the district school superintendent and the school district
2772 contact for home education programs that the referred student is
2773 exhibiting a pattern of nonattendance. The child study team may
2774 allow the parent to attend the meeting virtually or by telephone
2775 if the parent is unable to attend the meeting in person.
2776 (c) If the parent or child fails to attend the child study
2777 team meeting, the meeting shall be held in his or her absence,
2778 and the child study team shall make written recommendations to
2779 remediate the truancy based upon the information available to
2780 the school. The recommendations shall be provided to the parent
2781 within 7 days after the child study team meeting. If the an
2782 initial meeting does not resolve the problem, the child study
2783 team shall implement the following:
2784 1. Frequent attempts at communication between the teacher
2785 and the family.
2786 2. Attempt to determine the reasons the child is truant
2787 from school and provide remedies if available or refer the
2788 family to services, including referring the family for available
2789 scholarship options if the learning environment is an issue of
2790 concern.
2791 3.2. Evaluation for alternative education programs.
2792 4.3. Attendance contracts.
2793
2794 The child study team may, but is not required to, implement
2795 other interventions, including referral to the Department of
2796 Juvenile Justice’s designated provider for voluntary family
2797 services, or to other agencies for family services or recommend
2798 recommendation for filing a truancy petition pursuant to s.
2799 984.151.
2800 (d) The child study team must shall be diligent in
2801 facilitating intervention services and shall report the case to
2802 the district school superintendent only when all reasonable
2803 efforts to resolve the nonattendance behavior are exhausted.
2804 (e) If the parent refuses to participate in the remedial
2805 strategies because he or she believes that those strategies are
2806 unnecessary or inappropriate, the parent may appeal to the
2807 district school board. The district school board may provide a
2808 hearing officer, and the hearing officer shall make a
2809 recommendation for final action to the district school board. If
2810 the district school board’s final determination is that the
2811 strategies of the child study team are appropriate, and the
2812 parent still refuses to participate or cooperate, the district
2813 school superintendent may seek criminal prosecution for
2814 noncompliance with compulsory school attendance.
2815 (f)1. If the parent of a child who has been identified as
2816 exhibiting a pattern of nonattendance enrolls the child in a
2817 home education program pursuant to chapter 1002, the district
2818 school superintendent shall provide the parent a copy of s.
2819 1002.41 and the accountability requirements of this paragraph.
2820 The district school superintendent shall also refer the parent
2821 to a home education review committee composed of the district
2822 contact for home education programs and at least two home
2823 educators selected by the parent from a district list of all
2824 home educators who have conducted a home education program for
2825 at least 3 years and who have indicated a willingness to serve
2826 on the committee. The home education review committee shall
2827 review the portfolio of the student, as defined by s. 1002.41,
2828 every 30 days during the district’s regular school terms until
2829 the committee is satisfied that the home education program is in
2830 compliance with s. 1002.41(1)(d). The first portfolio review
2831 must occur within the first 30 calendar days after of the
2832 establishment of the program. The provisions of subparagraph 2.
2833 do not apply once the committee determines the home education
2834 program is in compliance with s. 1002.41(1)(d).
2835 2. If the parent fails to provide a portfolio to the
2836 committee, the committee shall notify the district school
2837 superintendent. The district school superintendent shall then
2838 terminate the home education program and require the parent to
2839 enroll the child in an attendance option that meets the
2840 definition of the term “regular school attendance” under s.
2841 1003.01(16)(a), (b), (c), or (e), within 3 days. Upon
2842 termination of a home education program pursuant to this
2843 subparagraph, the parent shall not be eligible to reenroll the
2844 child in a home education program for 180 calendar days. Failure
2845 of a parent to enroll the child in an attendance option as
2846 required by this subparagraph after termination of the home
2847 education program pursuant to this subparagraph shall constitute
2848 noncompliance with the compulsory attendance requirements of s.
2849 1003.21 and may result in criminal prosecution under s.
2850 1003.27(2). Nothing contained herein shall restrict the ability
2851 of the district school superintendent, or the ability of his or
2852 her designee, to review the portfolio pursuant to s.
2853 1002.41(1)(e).
2854 (g) If a student subject to compulsory school attendance
2855 will not comply with attempts to enforce school attendance, the
2856 parent or the district school superintendent or his or her
2857 designee must shall refer the case to the Department of Juvenile
2858 Justice’s authorized agent, which shall then offer voluntary
2859 family services, and schedule a meeting of the case staffing
2860 committee pursuant to s. 984.12 if the services do not remediate
2861 the child’s truancy, and the district school superintendent or
2862 his or her designee may file a truancy petition pursuant to the
2863 procedures in s. 984.151.
2864 (h) If a student subject to compulsory school attendance is
2865 responsive to the interventions described in this section and
2866 has completed the necessary requirements to pass the current
2867 grade as indicated in the district pupil progression plan, the
2868 student may not be determined to be a habitual truant and shall
2869 be promoted.
2870 (2) GIVE WRITTEN NOTICE.—
2871 (a) Under the direction of the district school
2872 superintendent, a designated school representative must provide
2873 shall give written notice in person or by return-receipt mail to
2874 the parent, requiring the child’s that requires enrollment or
2875 attendance within 3 days after the date of notice, in person or
2876 by return-receipt mail, to the parent when no valid reason is
2877 found for a student’s nonenrollment in school if the child is
2878 under compulsory education requirements, and is not exempt. If
2879 the child is not enrolled or in attendance in school within 3
2880 days after the notice being provided and requirement are
2881 ignored, the designated school representative must shall report
2882 the case to the district school superintendent, who must may
2883 refer the case to the child study team in paragraph (1)(b) at
2884 the school the student would be assigned according to district
2885 school board attendance area policies. In addition, the
2886 designated school representative may refer the case to the
2887 Department of Juvenile Justice’s authorized agent for families
2888 in need of services or to the case staffing committee,
2889 established pursuant to s. 984.12. The child study team must
2890 shall diligently facilitate intervention services and shall
2891 report the case back to the district school superintendent
2892 within 15 days after referral of the case if only when all
2893 reasonable efforts to resolve the nonenrollment behavior have
2894 been made and the child is still not attending school are
2895 exhausted. If the parent still refuses to cooperate or enroll
2896 the child in school within 15 days after referral of the case to
2897 the child study team, the district school superintendent must
2898 make a report to law enforcement and refer the case to the
2899 Office of the State Attorney shall take such steps as are
2900 necessary to bring criminal prosecution against the parent.
2901 (b) Subsequent to referring the case to the Office of the
2902 State Attorney the activities required under subsection (1), the
2903 district school superintendent or his or her designee must shall
2904 give written notice in person or by return-receipt mail to the
2905 parent that criminal prosecution is being sought for
2906 nonattendance. The district school superintendent may file a
2907 truancy petition, as defined in s. 984.03, following the
2908 procedures outlined in s. 984.151.
2909 (3) RETURN STUDENT TO PARENT.—A designated school
2910 representative may visit the home or place of residence of a
2911 student and any other place in which he or she is likely to find
2912 any student who is required to attend school when the student is
2913 not enrolled or is absent from school during school hours
2914 without an excuse, and, when the student is found, shall return
2915 the student to his or her parent or to the principal or teacher
2916 in charge of the school, or to the private tutor from whom
2917 absent. If the parent cannot be located or is unavailable to
2918 take custody of the child, and the child is not to be presented
2919 to the child’s school or tutor, the youth shall be referred to
2920 the Department of Juvenile Justice’s shelter, to another
2921 facility, or to the juvenile assessment center or other location
2922 established by the district school board to receive students who
2923 are absent from school. Upon receipt of the student, the parent
2924 shall be immediately notified.
2925 (4) REPORT TO APPROPRIATE AUTHORITY.—A designated school
2926 representative shall report to the appropriate authority
2927 designated by law to receive such notices, all violations of the
2928 Child Labor Law that may come to his or her knowledge.
2929 (5) RIGHT TO INSPECT.—A designated school representative
2930 shall have the right of access to, and inspection of,
2931 establishments where minors may be employed or detained only for
2932 the purpose of ascertaining whether students of compulsory
2933 school age are actually employed there and are actually working
2934 there regularly. The designated school representative shall, if
2935 he or she finds unsatisfactory working conditions or violations
2936 of the Child Labor Law, report his or her findings to the
2937 appropriate authority.
2938 Section 32. Subsections (2), (3), (4), (6), and (7) of
2939 section 1003.27, Florida Statutes, are amended to read:
2940 1003.27 Court procedure and penalties.—The court procedure
2941 and penalties for the enforcement of the provisions of this
2942 part, relating to compulsory school attendance, shall be as
2943 follows:
2944 (2) NONENROLLMENT AND NONATTENDANCE CASES.—
2945 (a) In each case of nonenrollment or of nonattendance upon
2946 the part of a student who is required to attend some school,
2947 when no valid reason for such nonenrollment or nonattendance is
2948 found, The district school superintendent shall institute a
2949 criminal prosecution against the student’s parent, in each case
2950 of nonenrollment or of nonattendance of a student who is
2951 required to attend school, when no valid reason for the
2952 nonenrollment or nonattendance is found. However, Criminal
2953 prosecution may not be instituted against the student’s parent
2954 until the school and school district have complied with s.
2955 1003.26.
2956 (b) Each public school principal or the principal’s
2957 designee must shall notify the district school board of each
2958 minor student under its jurisdiction who accumulates 15
2959 unexcused absences in a period of 90 calendar days. Reports
2960 shall be made to the district school board at the end of each
2961 school quarter. The calculation of 15 absences within 90 days
2962 are determined based on calendar days and are not limited to the
2963 span of one school quarter during which the nonattendance begins
2964 or ends. The district school board shall verify the schools
2965 reporting 15 or more unexcused absences within a 90-day period
2966 have complied with the requirements of remediating truancy at
2967 the school level or pursuing appropriate court intervention as
2968 provided in this section. Any school not meeting the
2969 requirements in this paragraph shall provide a remedial action
2970 plan to the school board within 30 days, and follow up within 90
2971 days to confirm all truancy cases have been addressed either
2972 through the child’s enrollment and regular attendance or
2973 referral of the case to the appropriate court or agency to
2974 pursue court intervention.
2975 (c) The district school superintendent must provide the
2976 Department of Highway Safety and Motor Vehicles the legal name,
2977 sex, date of birth, and social security number of each minor
2978 student who has been reported under this paragraph and who fails
2979 to otherwise satisfy the requirements of s. 322.091. The
2980 Department of Highway Safety and Motor Vehicles may not issue a
2981 driver license or learner’s driver license to, and shall suspend
2982 any previously issued driver license or learner’s driver license
2983 of, any such minor student, pursuant to the provisions of s.
2984 322.091.
2985 (d)(c) Each designee of the governing body of each private
2986 school and each parent whose child is enrolled in a home
2987 education program or personalized education program may provide
2988 the Department of Highway Safety and Motor Vehicles with the
2989 legal name, sex, date of birth, and social security number of
2990 each minor student under his or her jurisdiction who fails to
2991 satisfy relevant attendance requirements and who fails to
2992 otherwise satisfy the requirements of s. 322.091. The Department
2993 of Highway Safety and Motor Vehicles may not issue a driver
2994 license or learner’s driver license to, and shall suspend any
2995 previously issued driver license or learner’s driver license of,
2996 any such minor student pursuant to s. 322.091.
2997 (3) HABITUAL TRUANCY CASES.— The district school
2998 superintendent may is authorized to file a truancy petition
2999 seeking early truancy intervention, as defined in s. 984.03,
3000 following the procedures outlined in s. 984.151. If the district
3001 school superintendent chooses not to file a truancy petition,
3002 the case must be referred to the Department of Juvenile
3003 Justice’s authorized agent for families in need of services. The
3004 procedures for filing a child in need of services child-in-need
3005 of-services petition must shall be commenced pursuant to this
3006 subsection and chapter 984 if voluntary family services do not
3007 remediate the child’s truancy. The. In accordance with
3008 procedures established by the district school board, the
3009 designated school representative must shall refer a student who
3010 is a habitual habitually truant and the student’s family to the
3011 Department of Juvenile Justice’s designated children in need of
3012 services provider for provision of voluntary services, and may
3013 refer the case to children-in-need-of-services and families-in
3014 need-of-services provider or the case staffing committee,
3015 established pursuant to s. 984.12, following the referral
3016 process established by the cooperative interagency agreement as
3017 determined by the cooperative agreement required in this
3018 section. The case staffing committee may request the Department
3019 of Juvenile Justice or its designee to file a petition for child
3020 in need of services child-in-need-of-services petition based
3021 upon the report and efforts of the district school board or
3022 other community agency, and early truancy intervention by the
3023 circuit court, after review and an initial meeting, or may seek
3024 to resolve the truant behavior through the school or community
3025 based organizations or other state or local agencies. Prior to
3026 and subsequent to the filing of a child-in-need-of-services
3027 petition for a child in need of services due to habitual
3028 truancy, the appropriate governmental agencies must allow a
3029 reasonable time to complete actions required by this section and
3030 ss. 984.11 and s. 1003.26 to remedy the conditions leading to
3031 the truant behavior. Prior to the filing of a petition, the
3032 district school board must have complied with the requirements
3033 of s. 1003.26, and those efforts must have been unsuccessful.
3034 (4) COOPERATIVE AGREEMENTS.—The circuit manager of the
3035 Department of Juvenile Justice’s authorized agent Justice or his
3036 or her designee, the circuit manager’s designee, the district
3037 administrator of the Department of Children and Families or the
3038 district administrator’s designee, and the district school
3039 superintendent or his or her the superintendent’s designee must
3040 develop a cooperative interagency agreement that:
3041 (a) Clearly defines each department’s role, responsibility,
3042 and function in working with habitual truants and their
3043 families.
3044 (b) Identifies and implements measures to quickly resolve
3045 and reduce truant behavior.
3046 (c) Addresses issues of streamlining service delivery, the
3047 appropriateness of legal intervention, case management, the role
3048 and responsibility of the case staffing committee, student and
3049 parental intervention and involvement, and community action
3050 plans.
3051 (d) Delineates timeframes for implementation and identifies
3052 a mechanism for reporting results by the Department of Juvenile
3053 Justice or its authorized agent circuit juvenile justice manager
3054 or the circuit manager’s designee and the district school
3055 superintendent or the superintendent’s designee to the
3056 Department of Juvenile Justice and the Department of Education
3057 and other governmental entities as needed.
3058 (e) Designates which agency is responsible for each of the
3059 intervention steps in this section, to yield more effective and
3060 efficient intervention services.
3061 (6) PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN.
3062 Proceedings or prosecutions under this chapter may be commenced
3063 by the district school superintendent or his or her designee, by
3064 a designated school representative, by the probation officer of
3065 the county, by the executive officer of any court of competent
3066 jurisdiction, by an officer of any court of competent
3067 jurisdiction, or by a duly authorized agent of the Department of
3068 Education or the Department of Juvenile Justice, by a parent, or
3069 in the case of a criminal prosecution, by the Office of the
3070 State Attorney. If a proceeding has been commenced against both
3071 a parent and a child pursuant to this chapter, the presiding
3072 courts shall make every effort to coordinate services or
3073 sanctions against the child and parent, including ordering the
3074 child and parent to perform community service hours or attend
3075 counseling together.
3076 (7) PENALTIES.—The penalties for refusing or failing to
3077 comply with this chapter shall be as follows:
3078 (a) The parent.—
3079 1. A parent who refuses or fails to have a minor student
3080 who is under his or her control attend school regularly, or who
3081 refuses or fails to comply with the requirements in subsection
3082 (3), commits a misdemeanor of the second degree, punishable as
3083 provided in s. 775.082 or s. 775.083.
3084 2. The continued or habitual absence of a minor student
3085 without the consent of the principal or teacher in charge of the
3086 school he or she attends or should attend, or of the tutor who
3087 instructs or should instruct him or her, is prima facie evidence
3088 of a violation of this chapter; however, a showing that the
3089 parent has made a bona fide and diligent effort to control and
3090 keep the student in school shall be an affirmative defense to
3091 any criminal or other liability under this subsection and the
3092 court shall refer the parent and child for counseling, guidance,
3093 or other needed services.
3094 3. In addition to any other sanctions authorized under s.
3095 984.151 punishment, the court shall order a parent who has
3096 violated this section to send the minor student to school, and
3097 may also order the parent to participate in an approved parent
3098 training class, attend school with the student unless this would
3099 cause undue hardship or is prohibited by rules or policy of the
3100 school board, perform community service hours at the school, or
3101 participate in counseling or other services, as appropriate. If
3102 a parent is ordered to attend school with a student, the school
3103 shall provide for programming to educate the parent and student
3104 on the importance of school attendance. It shall be unlawful to
3105 terminate any employee solely because he or she is attending
3106 school with his or her child pursuant to a court order.
3107 (b) The principal or teacher.—A principal or teacher in any
3108 public, parochial, religious, denominational, or private school,
3109 or a private tutor who willfully violates any provision of this
3110 chapter may, upon satisfactory proof of such violation, have his
3111 or her certificate revoked by the Department of Education.
3112 (c) The employer.—
3113 1. An employer who fails to notify the district school
3114 superintendent when he or she ceases to employ a student commits
3115 a misdemeanor of the second degree, punishable as provided in s.
3116 775.082 or s. 775.083.
3117 2. An employer who terminates any employee solely because
3118 he or she is attending school with a student pursuant to court
3119 order commits a misdemeanor of the second degree, punishable as
3120 provided in s. 775.082 or s. 775.083.
3121 (d) The student.—
3122 1. In addition to any other sanctions authorized under s.
3123 984.151 sanctions, the court shall order a student found to be a
3124 habitual truant to make up all school work missed and attend
3125 school daily with no unexcused absences or tardiness, and may
3126 order the child to and may order the student to pay a civil
3127 penalty of up to $2, based on the student’s ability to pay, for
3128 each day of school missed, perform up to 25 community service
3129 hours at the school, or participate in counseling or other
3130 services, as appropriate.
3131 2. Upon a second or subsequent finding that a student is a
3132 habitual truant, the court, in addition to any other authorized
3133 sanctions, shall order the student to make up all school work
3134 missed and may order the student to pay a civil penalty of up to
3135 $5, based on the student’s ability to pay, for each day of
3136 school missed, perform up to 50 community service hours at the
3137 school, or participate in counseling or other services, as
3138 appropriate.
3139 Section 33. Paragraph (g) is added to subsection (7) of
3140 section 381.02035, Florida Statutes, to read:
3141 381.02035 Canadian Prescription Drug Importation Program.—
3142 (7) ELIGIBLE IMPORTERS.—The following entities may import
3143 prescription drugs from an eligible Canadian supplier under the
3144 program:
3145 (g) A pharmacist or wholesaler employed by or under
3146 contract with the Department of Juvenile Justice, for dispensing
3147 to juveniles in the custody of the Department of Juvenile
3148 Justice.
3149 Section 34. Paragraph (a) of subsection (5) of section
3150 790.22, Florida Statutes, is amended to read:
3151 790.22 Use of BB guns, air or gas-operated guns, or
3152 electric weapons or devices by minor under 16; limitation;
3153 possession of firearms by minor under 18 prohibited; penalties.—
3154 (5)(a) A minor who violates subsection (3):
3155 1. For a first offense, commits a misdemeanor of the first
3156 degree; shall serve a period of detention of up to 5 days in a
3157 secure detention facility, with credit for time served in secure
3158 detention prior to disposition; and shall be required to perform
3159 100 hours of community service or paid work as determined by the
3160 department.
3161 2. For a second or subsequent offense, commits a felony of
3162 the third degree. For a second offense, the minor shall serve a
3163 period of detention of up to 21 days in a secure detention
3164 facility, with credit for time served in secure detention prior
3165 to disposition, and shall be required to perform not less than
3166 100 nor more than 250 hours of community service or paid work as
3167 determined by the department. For a third or subsequent offense,
3168 the minor shall be adjudicated delinquent and committed to a
3169 residential program. A finding by a court that a minor committed
3170 a violation of this section, regardless of whether the court
3171 adjudicates the minor delinquent or withholds adjudication of
3172 delinquency, withhold of adjudication of delinquency shall be
3173 considered a prior offense for the purpose of determining a
3174 second, third, or subsequent offense.
3175
3176 For the purposes of this subsection, community service shall be
3177 performed, if possible, in a manner involving a hospital
3178 emergency room or other medical environment that deals on a
3179 regular basis with trauma patients and gunshot wounds.
3180 Section 35. Paragraph (a) of subsection (2) of section
3181 985.12, Florida Statutes, is amended to read:
3182 985.12 Prearrest delinquency citation programs.—
3183 (2) JUDICIAL CIRCUIT DELINQUENCY CITATION PROGRAM
3184 DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
3185 (a) A prearrest delinquency citation program for
3186 misdemeanor offenses shall be established in each judicial
3187 circuit in the state. The state attorney and public defender of
3188 each circuit, the clerk of the court for each county in the
3189 circuit, and representatives of participating law enforcement
3190 agencies in the circuit shall create a prearrest delinquency
3191 citation program and develop its policies and procedures. In
3192 developing the program’s policies and procedures, input from
3193 other interested stakeholders may be solicited. The department
3194 shall annually develop and provide guidelines on best practice
3195 models for prearrest delinquency citation programs to the
3196 judicial circuits as a resource.
3197 Section 36. Subsection (5) of section 985.126, Florida
3198 Statutes, is amended to read:
3199 985.126 Prearrest and postarrest diversion programs; data
3200 collection; denial of participation or expunged record.—
3201 (5) The department shall provide a quarterly report to be
3202 published on its website and distributed to the Governor,
3203 President of the Senate, and Speaker of the House of
3204 Representatives listing the entities that use prearrest
3205 delinquency citations for less than 80 70 percent of first-time
3206 misdemeanor offenses.
3207 Section 37. Paragraph (c) of subsection (1) of section
3208 985.25, Florida Statutes, is amended to read:
3209 985.25 Detention intake.—
3210 (1) The department shall receive custody of a child who has
3211 been taken into custody from the law enforcement agency or court
3212 and shall review the facts in the law enforcement report or
3213 probable cause affidavit and make such further inquiry as may be
3214 necessary to determine whether detention care is appropriate.
3215 (c) If the final score on the child’s risk assessment
3216 instrument indicates detention care is appropriate, but the
3217 department otherwise determines the child should be released,
3218 the department shall contact the state attorney, who may
3219 authorize release. If the final score on the child’s risk
3220 assessment instrument indicates release or supervised release is
3221 appropriate, but the department otherwise determines that there
3222 should be supervised release or detention, the department shall
3223 contact the state attorney, who may authorize an upward
3224 departure. Notwithstanding any other provision of this
3225 paragraph, a child may only be moved one category in either
3226 direction within the risk assessment instrument and release is
3227 not authorized if it would cause the child to be moved more than
3228 one category.
3229
3230 Under no circumstances shall the department or the state
3231 attorney or law enforcement officer authorize the detention of
3232 any child in a jail or other facility intended or used for the
3233 detention of adults, without an order of the court.
3234 Section 38. Paragraph (c) of subsection (7) of section
3235 985.433, Florida Statutes, is amended to read:
3236 985.433 Disposition hearings in delinquency cases.—When a
3237 child has been found to have committed a delinquent act, the
3238 following procedures shall be applicable to the disposition of
3239 the case:
3240 (7) If the court determines that the child should be
3241 adjudicated as having committed a delinquent act and should be
3242 committed to the department, such determination shall be in
3243 writing or on the record of the hearing. The determination shall
3244 include a specific finding of the reasons for the decision to
3245 adjudicate and to commit the child to the department, including
3246 any determination that the child was a member of a criminal
3247 gang.
3248 (c) The court may also require that the child be placed on
3249 conditional release in a probation program following the child’s
3250 discharge from commitment. Community-based sanctions under
3251 subsection (8) may be imposed by the court at the disposition
3252 hearing or at any time prior to the child’s release from
3253 commitment.
3254 Section 39. Section 985.625, Florida Statutes, is repealed.
3255 Section 40. Subsection (4) of section 985.632, Florida
3256 Statutes, is amended to read:
3257 985.632 Quality improvement and cost-effectiveness;
3258 Comprehensive Accountability Report.—
3259 (4) COST-EFFECTIVENESS MODEL.—The department, in
3260 consultation with the Office of Economic and Demographic
3261 Research and contract service providers, shall develop a cost
3262 effectiveness model and apply the model to each commitment
3263 program.
3264 (a) The cost-effectiveness model shall compare program
3265 costs to expected and actual child recidivism rates. It is the
3266 intent of the Legislature that continual development efforts
3267 take place to improve the validity and reliability of the cost
3268 effectiveness model.
3269 (b) The department shall rank commitment programs based on
3270 the cost-effectiveness model, performance measures, and
3271 adherence to quality improvement standards and shall report this
3272 data in the annual Comprehensive Accountability Report.
3273 (c) Based on reports of the department on child outcomes
3274 and program outputs and on the department’s most recent cost
3275 effectiveness rankings, the department may terminate a program
3276 operated by the department or a provider if the program has
3277 failed to achieve a minimum standard of program effectiveness.
3278 This paragraph does not preclude the department from terminating
3279 a contract as provided under this section or as otherwise
3280 provided by law or contract, and does not limit the department’s
3281 authority to enter into or terminate a contract.
3282 (d) In collaboration with the Office of Economic and
3283 Demographic Research, and contract service providers, the
3284 department shall develop a work plan to refine the cost
3285 effectiveness model so that the model is consistent with the
3286 performance-based program budgeting measures approved by the
3287 Legislature to the extent the department deems appropriate. The
3288 department shall notify the Office of Program Policy Analysis
3289 and Government Accountability of any meetings to refine the
3290 model.
3291 (e) Contingent upon specific appropriation, the department,
3292 in consultation with the Office of Economic and Demographic
3293 Research, and contract service providers, shall:
3294 1. Construct a profile of each commitment program that uses
3295 the results of the quality improvement data portion of the
3296 Comprehensive Accountability Report required by this section,
3297 the cost-effectiveness data portion of the Comprehensive
3298 Accountability Report required in this subsection, and other
3299 reports available to the department.
3300 2. Target, for a more comprehensive evaluation, any
3301 commitment program that has achieved consistently high, low, or
3302 disparate ratings in the reports required under subparagraph 1.
3303 and target, for technical assistance, any commitment program
3304 that has achieved low or disparate ratings in the reports
3305 required under subparagraph 1.
3306 3. Identify the essential factors that contribute to the
3307 high, low, or disparate program ratings.
3308 4. Use the results of these evaluations in developing or
3309 refining juvenile justice programs or program models, child
3310 outcomes and program outputs, provider contracts, quality
3311 improvement standards, and the cost-effectiveness model.
3312 Section 41. Subsection (8) of section 95.11, Florida
3313 Statutes, is amended to read:
3314 95.11 Limitations other than for the recovery of real
3315 property.—Actions other than for recovery of real property shall
3316 be commenced as follows:
3317 (8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
3318 on alleged abuse, as defined in s. 39.01 or, s. 415.102, or s.
3319 984.03; incest, as defined in s. 826.04; or an action brought
3320 pursuant to s. 787.061 may be commenced at any time within 7
3321 years after the age of majority, or within 4 years after the
3322 injured person leaves the dependency of the abuser, or within 4
3323 years from the time of discovery by the injured party of both
3324 the injury and the causal relationship between the injury and
3325 the abuse, whichever occurs later.
3326 Section 42. Subsection (1) of section 409.2564, Florida
3327 Statutes, is amended to read:
3328 409.2564 Actions for support.—
3329 (1) In each case in which regular support payments are not
3330 being made as provided herein, the department shall institute,
3331 within 30 days after determination of the obligor’s reasonable
3332 ability to pay, action as is necessary to secure the obligor’s
3333 payment of current support, any arrearage that may have accrued
3334 under an existing order of support, and, if a parenting time
3335 plan was not incorporated into the existing order of support,
3336 include either a signed, agreed-upon parenting time plan or a
3337 signed Title IV-D Standard Parenting Time Plan, if appropriate.
3338 The department shall notify the program attorney in the judicial
3339 circuit in which the recipient resides setting forth the facts
3340 in the case, including the obligor’s address, if known, and the
3341 public assistance case number. Whenever applicable, the
3342 procedures established under chapter 88, Uniform Interstate
3343 Family Support Act, chapter 61, Dissolution of Marriage;
3344 Support; Time-sharing, chapter 39, Proceedings Relating to
3345 Children, chapter 984, Children and Families in Need of
3346 Services; Prevention and Intervention for School Truancy and
3347 Ungovernable and Runaway Children, and chapter 985, Delinquency;
3348 Interstate Compact on Juveniles, may govern actions instituted
3349 under this act, except that actions for support under chapter
3350 39, chapter 984, or chapter 985 brought pursuant to this act
3351 shall not require any additional investigation or supervision by
3352 the department.
3353 Section 43. Paragraph (e) of subsection (1) of section
3354 419.001, Florida Statutes, is amended to read:
3355 419.001 Site selection of community residential homes.—
3356 (1) For the purposes of this section, the term:
3357 (e) “Resident” means any of the following: a frail elder as
3358 defined in s. 429.65; a person who has a disability as defined
3359 in s. 760.22(3)(a); a person who has a developmental disability
3360 as defined in s. 393.063; a nondangerous person who has a mental
3361 illness as defined in s. 394.455; or a child who is found to be
3362 dependent as defined in s. 39.01 or s. 984.03, or a child in
3363 need of services as defined in s. 984.03 or s. 985.03.
3364 Section 44. Subsection (3) of section 744.309, Florida
3365 Statutes, is amended to read:
3366 744.309 Who may be appointed guardian of a resident ward.—
3367 (3) DISQUALIFIED PERSONS.—No person who has been convicted
3368 of a felony or who, from any incapacity or illness, is incapable
3369 of discharging the duties of a guardian, or who is otherwise
3370 unsuitable to perform the duties of a guardian, shall be
3371 appointed to act as guardian. Further, no person who has been
3372 judicially determined to have committed abuse, abandonment, or
3373 neglect against a child as defined in s. 39.01 or s. 984.03(1),
3374 (2), and (24) (37), or who has been found guilty of, regardless
3375 of adjudication, or entered a plea of nolo contendere or guilty
3376 to, any offense prohibited under s. 435.04 or similar statute of
3377 another jurisdiction, shall be appointed to act as a guardian.
3378 Except as provided in subsection (5) or subsection (6), a person
3379 who provides substantial services to the proposed ward in a
3380 professional or business capacity, or a creditor of the proposed
3381 ward, may not be appointed guardian and retain that previous
3382 professional or business relationship. A person may not be
3383 appointed a guardian if he or she is in the employ of any
3384 person, agency, government, or corporation that provides service
3385 to the proposed ward in a professional or business capacity,
3386 except that a person so employed may be appointed if he or she
3387 is the spouse, adult child, parent, or sibling of the proposed
3388 ward or the court determines that the potential conflict of
3389 interest is insubstantial and that the appointment would clearly
3390 be in the proposed ward’s best interest. The court may not
3391 appoint a guardian in any other circumstance in which a conflict
3392 of interest may occur.
3393 Section 45. Section 784.075, Florida Statutes, is amended
3394 to read:
3395 784.075 Battery on detention or commitment facility staff
3396 or a juvenile probation officer.—A person who commits a battery
3397 on a juvenile probation officer, as defined in s. 984.03 or s.
3398 985.03, on other staff of a detention center or facility as
3399 defined in s. 984.03 s. 984.03(19) or s. 985.03, or on a staff
3400 member of a commitment facility as defined in s. 985.03, commits
3401 a felony of the third degree, punishable as provided in s.
3402 775.082, s. 775.083, or s. 775.084. For purposes of this
3403 section, a staff member of the facilities listed includes
3404 persons employed by the Department of Juvenile Justice, persons
3405 employed at facilities licensed by the Department of Juvenile
3406 Justice, and persons employed at facilities operated under a
3407 contract with the Department of Juvenile Justice.
3408 Section 46. Paragraph (b) of subsection (4) of section
3409 985.618, Florida Statutes, is amended to read:
3410 985.618 Educational and career-related programs.—
3411 (4)
3412 (b) Evaluations of juvenile educational and career-related
3413 programs shall be conducted according to the following
3414 guidelines:
3415 1. Systematic evaluations and quality assurance monitoring
3416 shall be implemented, in accordance with s. 985.632(1), (2), and
3417 (4) (5), to determine whether the programs are related to
3418 successful postrelease adjustments.
3419 2. Operations and policies of the programs shall be
3420 reevaluated to determine if they are consistent with their
3421 primary objectives.
3422 Section 47. This act shall take effect July 1, 2025.