Florida Senate - 2025 CS for SB 1344
By the Committee on Criminal Justice; and Senator Simon
591-02827-25 20251344c1
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; amending s. 984.11,
37 F.S.; requiring that an array of voluntary family
38 services be available to remediate specified problems;
39 providing that certain families are not eligible for
40 voluntary family services; providing eligibility for
41 children in certain circumstances if the Department of
42 Children and Families agrees; providing for an
43 interagency agreement to govern such referrals;
44 amending s. 984.12, F.S.; requiring parents to use
45 health care insurance to the extent that it is
46 available; deleting provisions concerning collection
47 of fees; amending s. 984.13, F.S.; authorizing that a
48 child be taken into custody pursuant to a finding of
49 contempt; specifying placement a child taken into
50 custody in specified circumstances; revising the
51 duties of a person taking a child into custody;
52 amending s. 984.14, F.S.; revising provisions
53 concerning voluntary shelter services and placement of
54 children in such services; deleting provisions
55 concerning involuntary placement in a shelter;
56 amending s. 984.15, F.S.; revising requirements for
57 petitions for a child in need of services; amending s.
58 984.151, F.S.; providing for early truancy
59 intervention; providing for additional services to be
60 ordered if a student is found to be a truant status
61 offender; revising provisions concerning compliance;
62 providing for applicability in cases in which a
63 student is found to be a child in need of services;
64 providing for retention of jurisdiction by courts;
65 providing an exception; providing for service of court
66 orders on specified entities; amending s. 984.16,
67 F.S.; requiring that a student’s school receive notice
68 of certain actions by courts; amending s. 984.17,
69 F.S.; specifying when a guardian ad litem may be
70 appointed; revising provisions concerning
71 representation of the Department of Juvenile Justice
72 in cases in which a child is alleged to be in need of
73 services; repealing s. 984.18, F.S., relating to
74 referral of child-in-need-of-services cases to
75 mediation; amending s. 984.19, F.S.; providing that an
76 authorized agent of the department may have a medical
77 screening performed on a child placed in shelter care;
78 revising provisions concerning consent for medical
79 care for a child in the care of the department;
80 amending s. 984.20, F.S.; revising provisions for
81 hearings in child in need of services cases; providing
82 that the failure of a person served with notice to
83 appear at the arraignment hearing constitutes the
84 person’s consent to the child in need of services
85 petition; requiring a specified notice in such
86 petitions; amending s. 984.21, F.S.; specifying that
87 an order of adjudication by a court that a child is a
88 child in need of services is a civil adjudication and
89 not a conviction; deleting provisions allowing a court
90 to withhold an adjudication that a is child in need of
91 services in certain cases; amending s. 984.22, F.S.;
92 conforming provisions to changes made by the act;
93 deleting provisions on the deposit of fees received;
94 amending s. 984.225, F.S.; revising when a child in
95 need of services may be placed in a shelter; revising
96 placement procedures; providing for counseling orders;
97 specifying the effect of a placement the legal
98 responsibilities of a parent, guardian, or custodian;
99 providing limits for shelter stays; deleting
100 provisions concerning exhaustion of less restrictive
101 alternatives; providing for periodic review of
102 placements; providing for transfer of a child to the
103 Department of Children and Families in certain
104 circumstances; authorizing transfer to the custody of
105 the Agency for Persons with Disabilities in certain
106 circumstances; amending s. 984.226, F.S.; authorizing
107 contracting for physically secure shelters; deleting
108 provisions on representation in certain proceedings;
109 requiring exhaustion of less restrictive placements
110 before a child may be placed in a physically secure
111 shelter; providing a time limit on secure shelter
112 orders; proving legislative intent; revising
113 provisions concerning review of secure shelter
114 placements; providing for transfer to shelter
115 placements in certain circumstances; requiring a child
116 to be transferred to the Department of Children and
117 Families in certain circumstances; providing for the
118 transfer of a child to the Agency for Persons with
119 Disabilities in certain circumstances; transferring
120 and renumbering s. 985.731, F.S. as s. 787.035, F.S.,
121 relating to offenses concerning providing sheltering
122 unmarried minors and aiding unmarried minor runaways;
123 providing criminal penalties; amending s. 985.03,
124 F.S.; revising the definition of the term “child who
125 has been found to have committed a delinquent act”;
126 amending s. 985.24, F.S.; prohibiting placement of a
127 child subject to certain proceedings into secure
128 detention care; amending s. 1003.26, F.S.; authorizing
129 that certain meetings with parents may be conducted
130 virtually or by telephone; providing for child study
131 team meetings in the absence of a parent, legal
132 guardian, or custodian or child; revising
133 interventions by such team; providing for promotion of
134 a child who is responsive to intervention and meets
135 specified requirements; revising provisions concerning
136 required notice of a child’s enrollment or attendance
137 issues; revising provisions concerning returning a
138 student to a parent or other party in certain
139 circumstances; amending s. 1003.27, F.S.; revising
140 reporting requirements for reports by school
141 principals to school boards concerning minor students
142 who accumulate more than a specified number of
143 absences; requiring actions by school boards;
144 providing for remedial actions for failure to comply;
145 revising provisions concerning habitual truancy cases;
146 revising provisions concerning cooperative agreements;
147 revising who may begin certain proceedings and
148 prosecutions; deleting a provision concerning a civil
149 penalty for students; revising provisions concerning
150 truant students; amending s. 381.02035, F.S.;
151 authorizing pharmacists employed by the Department of
152 Juvenile Justice to import drugs from Canada under a
153 specified program; amending s. 790.22, F.S.; revising
154 provisions concerning the treatment of a finding that
155 a minor violated specified provisions, regardless of
156 whether adjudication was withheld, for the purposes of
157 determining whether a prior offense was committed;
158 amending s. 985.12, F.S.; deleting a requirement that
159 the Department of Juvenile Justice annually develop
160 and produce best practice models for prearrest
161 delinquency citation programs; amending s. 985.126,
162 F.S.; revising the requirements for a quarterly report
163 on prearrest citation programs; amending s. 985.25,
164 F.S.; providing for supervised release or detention of
165 a child despite the child’s risk assessment score in
166 certain circumstances; limiting the number of
167 categories that a child may be moved; amending s.
168 985.433, F.S.; requiring that a child be placed on
169 conditional release rather than probation following
170 discharge from commitment; repealing s. 985.625, F.S.,
171 relating to literacy programs for juvenile offenders;
172 amending s. 985.632, F.S.; deleting a provision
173 regarding development of a cost-effectiveness model
174 and application of the model to each commitment
175 program; amending ss. 95.11, 409.2564, 419.001,
176 744.309, 784.075, and 985.618, F.S.; conforming
177 provisions to changes made by the act; providing an
178 effective date.
179
180 Be It Enacted by the Legislature of the State of Florida:
181
182 Section 1. Chapter 984, Florida Statutes, entitled
183 “Children and Families in Need of Services,” is renamed
184 “Children and Families in Need of Services; Prevention and
185 Intervention for School Truancy and Ungovernable and Runaway
186 Children.”
187 Section 2. Section 984.01, Florida Statutes, is amended to
188 read:
189 984.01 Purposes and intent; personnel standards and
190 screening.—
191 (1) The purposes of this chapter are:
192 (a) To provide judicial, nonjudicial, and other procedures
193 to address the status offenses of children who are truant from
194 school, run away from their caregivers, or exhibit ungovernable
195 behavior by refusing to follow the household rules of their
196 caregivers and engage in behavior that places the child at risk
197 of harm; and to ensure assure due process through which children
198 and other interested parties are assured fair hearings by a
199 respectful and respected court or other tribunal and the
200 recognition, protection, and enforcement of their constitutional
201 and other legal rights, while ensuring that public safety
202 interests and the authority and dignity of the courts are
203 adequately protected.
204 (b) To provide for the care, safety, and protection of
205 children in an environment that cultivates fosters healthy
206 social, emotional, intellectual, and physical development; to
207 ensure the safety of children secure and safe custody; and to
208 promote the education, health, and well-being of all children
209 under the state’s care.
210 (c) To provide ensure the protection of society, by
211 providing for a needs comprehensive standardized assessment of
212 the child’s needs, strengths, and family dynamics so that the
213 most appropriate services control, discipline, punishment, and
214 treatment can be provided in the most appropriate environment
215 administered consistent with the seriousness of the act
216 committed, the community’s long-term need for public safety and
217 the safety of the individual child, with consideration given to
218 the education and overall well-being, the prior record of the
219 child, and the specific rehabilitation needs of the child, while
220 also providing restitution, whenever possible, to the victim of
221 the offense.
222 (d) To preserve and strengthen the child’s family ties
223 whenever possible; provide for temporary shelter placement of
224 the child only when necessary for the child’s education, safety,
225 and welfare and when other less restrictive alternatives have
226 been exhausted; provide, by providing for removal of the child
227 from parental custody only when his or her welfare or the safety
228 and protection of the public cannot be adequately safeguarded
229 without such removal; and, when the child is removed from his or
230 her own family, to secure custody, care, and education;
231 encourage self-discipline; and increase protective factors when
232 the child is in temporary shelter placement discipline for the
233 child as nearly as possible equivalent to that which should have
234 been given by the parents; and to assure, in all cases in which
235 a child must be permanently removed from parental custody, that
236 the child be placed in an approved family home, adoptive home,
237 independent living program, or other placement that provides the
238 most stable and permanent living arrangement for the child, as
239 determined by the court.
240 (e)1. To ensure assure that the adjudication and
241 disposition of a child alleged or found to be a child in need of
242 services have committed a violation of Florida law be exercised
243 with appropriate discretion and in keeping with the seriousness
244 of the misconduct offense and the need for treatment services,
245 and that all findings made under this chapter be based upon
246 facts presented at a hearing that meets the constitutional
247 standards of fundamental fairness and due process.
248 2. To assure that the sentencing and placement of a child
249 tried as an adult be appropriate and in keeping with the
250 seriousness of the offense and the child’s need for
251 rehabilitative services, and that the proceedings and procedures
252 applicable to such sentencing and placement be applied within
253 the full framework of constitutional standards of fundamental
254 fairness and due process.
255 (f) To provide a court process through which school boards
256 are able to access the court for the limited purpose of early
257 truancy intervention for children, subject to compulsory
258 education, who are not engaging in regular school attendance,
259 and encourage school attendance by educating children and their
260 families on the importance of regular school attendance and
261 provide services to families to prevent the child’s pattern of
262 truancy from becoming habitual children committed to the
263 Department of Juvenile Justice with training in life skills,
264 including career education.
265 (2) The department of Juvenile Justice or the Department of
266 Children and Families, as appropriate, may contract with the
267 Federal Government, other state departments and agencies, county
268 and municipal governments and agencies, public and private
269 agencies, and private individuals and corporations in carrying
270 out the purposes of, and the responsibilities established in,
271 this chapter.
272 (a) If the department contracts with a provider for any
273 program for children, all personnel, including owners,
274 operators, employees, and volunteers, in the facility must be of
275 good moral character. The Each contract entered into by either
276 department and any agency providing services for the department
277 must require that each contract entered into for services
278 delivered on an appointment or intermittent basis by a provider
279 that does or does not have regular custodial responsibility for
280 children and each contract with a school for before or aftercare
281 services must ensure that the owners, operators, and all
282 personnel who have direct contact with children are of good
283 moral character and must meet level 2 screening requirements as
284 described in s. 435.04. A volunteer who assists on an
285 intermittent basis for less than 10 hours per month need not be
286 screened if a person who meets the screening requirement of this
287 section is always present and has the volunteer in his or her
288 line of sight.
289 (b) The department of Juvenile Justice and the Department
290 of Children and Families shall require employment screening
291 pursuant to chapter 435, using the level 2 standards set forth
292 in that chapter for personnel in programs for children or
293 youths.
294 (b)(c) The department of Juvenile Justice or the Department
295 of Children and Families may grant exemptions from
296 disqualification from working with children as provided in s.
297 435.07.
298 (c) Any shelter used for the placement of children under
299 this chapter must be licensed by the Department of Children and
300 Families.
301 (3) It is the intent of the Legislature that This chapter
302 is to be liberally interpreted and construed in conformity with
303 its declared purposes.
304 Section 3. Section 984.02, Florida Statutes, is amended to
305 read:
306 984.02 Legislative intent for prevention and intervention
307 under chapter 984 the juvenile justice system.—
308 (1) GENERAL PROTECTIONS FOR CHILDREN.—It is a purpose of
309 the Legislature that the children of this state be provided with
310 the following protections:
311 (a) Protection from abuse, neglect, and exploitation.
312 (b) A permanent and stable home.
313 (c) A safe and nurturing environment which will preserve a
314 sense of personal dignity and integrity.
315 (d) Adequate nutrition, shelter, and clothing.
316 (e) Effective services or treatment to address physical,
317 social, and emotional needs, regardless of geographical
318 location.
319 (f) Equal opportunity and access to quality and effective
320 education which will meet the individual needs of each child and
321 prepare the child for future employment, and to recreation and
322 other community resources to develop individual abilities.
323 (g) Access to preventive services to provide the child and
324 family the support of community resources to address the needs
325 of the child and reduce the risk of harm or engaging in
326 delinquent behavior.
327 (h) Court An independent, trained advocate when
328 intervention only when is necessary to address at-risk behavior
329 before the behavior escalates into harm to the child or to the
330 community through delinquent behavior.
331 (i) Access to representation by a trained advocate when
332 court proceedings are initiated under this chapter.
333 (j) Supervision and services by skilled staff when
334 temporary out of home placement is necessary and a skilled
335 guardian or caretaker in a safe environment when alternative
336 placement is necessary.
337 (2) SUBSTANCE ABUSE SERVICES.—The Legislature finds that
338 children in the care of the state’s juvenile justice and
339 intervention dependency and delinquency systems need appropriate
340 health care services and, that the impact of substance abuse on
341 health requires indicates the need for health care services to
342 include substance abuse services when where appropriate., and
343 that It is in the state’s best interest that such children be
344 provided the services they need to enable them to become and
345 remain independent of state care. In order to provide these
346 services, the state’s juvenile justice and intervention
347 dependency and delinquency systems must have the ability to
348 identify and make referrals to experts capable of providing
349 provide appropriate intervention and treatment for children with
350 personal or family-related substance abuse problems. It is
351 therefore the purpose of the Legislature to provide authority
352 for the state to contract with community substance abuse
353 treatment providers for the development and operation of
354 specialized support and overlay services for the juvenile
355 justice and intervention dependency and delinquency systems,
356 subject to legislative appropriation, which will be fully
357 implemented and utilized as resources permit. This section does
358 not prevent agencies from referring children and families to
359 privately operated community service providers to the extent the
360 families have funding or insurance to provide care.
361 (3) JUVENILE JUSTICE AND INTERVENTION DELINQUENCY
362 PREVENTION.—It is the policy of the state regarding with respect
363 to juvenile justice and intervention delinquency prevention to
364 first protect the public from acts of delinquency. In addition,
365 it is the policy of the state to:
366 (a) Develop and implement effective methods of preventing
367 and reducing acts of delinquency, with a focus on maintaining
368 and strengthening the family as a whole so that children may
369 remain in their homes or communities.
370 (b) Develop and implement effective programs to prevent
371 delinquency, to divert children from the traditional juvenile
372 justice system, to intervene at an early stage of delinquency,
373 and to provide critically needed alternatives to
374 institutionalization and deep-end commitment.
375 (c) Provide well-trained personnel, high-quality services,
376 and cost-effective programs within the juvenile justice system.
377 (d) Increase the capacity of local governments and public
378 and private agencies to conduct rehabilitative treatment
379 programs and to provide research, evaluation, and training
380 services for in the field of juvenile delinquency prevention.
381 (e) Develop and implement effective early prevention
382 programs to address truancy and ungovernable and runaway
383 behavior of children which places the child at risk of harm, and
384 allow for intervention before the child engages in a delinquent
385 act.
386
387 The Legislature intends that temporary shelter detention care,
388 in addition to providing safe care secure and safe custody, will
389 promote the health and well-being of the children placed therein
390 committed thereto and provide an environment that fosters their
391 social, emotional, intellectual, and physical development.
392 (4) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES.
393 Parents, custodians, and guardians are deemed by the state to be
394 responsible for providing their children with sufficient
395 support, guidance, and supervision to deter their participation
396 in delinquent acts, and ensure their children attend school and
397 engage in education to prepare their child for their future. The
398 state further recognizes that the ability of parents,
399 custodians, and guardians to fulfill those responsibilities can
400 be greatly impaired by economic, social, behavioral, emotional,
401 and related problems. It is therefore the policy of the
402 Legislature that it is the state’s responsibility to ensure that
403 factors impeding the ability of caretakers to fulfill their
404 responsibilities are identified and appropriate recommendations
405 are provided to address those impediments through the provision
406 of nonjudicial voluntary family services for families in need of
407 services and through the child in need of services court
408 processes delinquency intake process and that appropriate
409 recommendations to address those problems are considered in any
410 judicial or nonjudicial proceeding.
411 (5) PROVISION OF SERVICES.-Services to families shall be
412 provided on a continuum of increasing intensity and
413 participation by the parent, legal guardian, or custodian and
414 child. Judicial intervention to resolve the problems and
415 conflicts that exist within a family shall be limited to
416 situations in which a resolution to the problem or conflict has
417 not been achieved through individual and family services after
418 all available less restrictive resources have been exhausted. In
419 creating this chapter, the Legislature recognizes the need to
420 distinguish the problems of truants, runaways, and children
421 beyond the control of their parents, and the services provided
422 to these children, from the problems and services designed to
423 meet the needs of abandoned, abused, neglected, and delinquent
424 children. In achieving this distinction, it is the policy of the
425 state to develop short-term services using the least restrictive
426 method for children and families, early truancy intervention,
427 and children in need of services.
428 Section 4. Section 984.03, Florida Statutes, is amended to
429 read:
430 984.03 Definitions.—When used in this chapter, the term:
431 (1) “Abandoned” or “abandonment” have the same meaning as
432 in s. 39.01(1) means a situation in which the parent or legal
433 custodian of a child or, in the absence of a parent or legal
434 custodian, the person responsible for the child’s welfare, while
435 being able, makes no provision for the child’s support and makes
436 no effort to communicate with the child, which situation is
437 sufficient to evince a willful rejection of parental
438 obligations. If the efforts of such parent or legal custodian,
439 or person primarily responsible for the child’s welfare to
440 support and communicate with the child are, in the opinion of
441 the court, only marginal efforts that do not evince a settled
442 purpose to assume all parental duties, the court may declare the
443 child to be abandoned. The term “abandoned” does not include a
444 “child in need of services” as defined in subsection (9) or a
445 “family in need of services” as defined in subsection (25). The
446 incarceration of a parent, legal custodian, or person
447 responsible for a child’s welfare does not constitute a bar to a
448 finding of abandonment.
449 (2) “Abuse” has the same meaning as in s. 39.01(2) means
450 any willful act that results in any physical, mental, or sexual
451 injury that causes or is likely to cause the child’s physical,
452 mental, or emotional health to be significantly impaired.
453 Corporal discipline of a child by a parent or guardian for
454 disciplinary purposes does not in itself constitute abuse when
455 it does not result in harm to the child as defined in s. 39.01.
456 (3) “Addictions receiving facility” means a substance abuse
457 service provider as defined in chapter 397.
458 (3)(4) “Adjudicatory hearing” means a hearing for the court
459 to determine whether or not the facts support the allegations
460 stated in the petition as is provided for under s. 984.20(2) in
461 child in need of services child-in-need-of-services cases.
462 (4)(5) “Adult” means any natural person other than a child.
463 (5)(6) “Authorized agent” or “designee” of the department
464 means a person or agency assigned or designated by the
465 Department of Juvenile Justice or the Department of Children and
466 Families, as appropriate, to perform duties or exercise powers
467 pursuant to this chapter and includes contract providers and
468 subcontracted providers and their employees for purposes of
469 providing voluntary family services, and providing court-ordered
470 services to and managing cases of children in need of services
471 and families in need of services.
472 (7) “Caretaker/homemaker” means an authorized agent of the
473 Department of Children and Families who shall remain in the
474 child’s home with the child until a parent, legal guardian, or
475 relative of the child enters the home and is capable of assuming
476 and agrees to assume charge of the child.
477 (6)(8) “Child” or “juvenile” or “youth” means any unmarried
478 person under the age of 18 who has not been emancipated by order
479 of the court and who has been found or alleged to be dependent,
480 in need of services, or from a family in need of services; or
481 any married or unmarried person who is charged with a violation
482 of law occurring prior to the time that person reached the age
483 of 18 years.
484 (7)(9) “Child in need of services” means a child for whom
485 there is no pending petition filed with the court investigation
486 into an allegation or suspicion of abuse, neglect, or
487 abandonment; no pending referral alleging the child is
488 delinquent; or no current court ordered supervision by the
489 department for delinquency under chapter 985 of Juvenile Justice
490 or the Department of Children and Families for an adjudication
491 of dependency under chapter 39 or delinquency. The child must
492 also, pursuant to this chapter, be found by the court:
493 (a) To have persistently run away from the child’s parents,
494 or legal guardians, or custodians despite reasonable efforts of
495 the child, the parents, or legal guardians, or custodians, and
496 appropriate agencies to remedy the conditions contributing to
497 the behavior. Reasonable efforts shall include voluntary
498 participation by the child’s parents or legal guardian, or
499 custodians and the child in family mediation, voluntary
500 services, and treatment offered by the department or through its
501 authorized agent of Juvenile Justice or the Department of
502 Children and Families;
503 (b) To be a habitual habitually truant from school, while
504 subject to compulsory school attendance, despite reasonable
505 efforts to remedy the situation pursuant to ss. 1003.26 and
506 1003.27 and through voluntary participation by the child’s
507 parents or legal custodians and by the child in family
508 mediation, services, and treatment offered by the department or
509 its authorized agent of Juvenile Justice or the Department of
510 Children and Families; or
511 (c) To be ungovernable by having have persistently
512 disobeyed the reasonable and lawful rules and demands of the
513 child’s parents, or legal guardians, or custodians, and to be
514 beyond their control despite the child having the mental and
515 physical capacity to understand and obey lawful rules and
516 demands, and despite efforts by the child’s parents, or legal
517 guardians, or custodians and appropriate agencies to remedy the
518 conditions contributing to the behavior. Reasonable efforts may
519 include such things as good faith participation in voluntary
520 family services or individual services counseling.
521 (10) “Child support” means a court-ordered obligation,
522 enforced under chapter 61 and ss. 409.2551-409.2597, for
523 monetary support for the care, maintenance, training, and
524 education of a child.
525 (11) “Child who has been found to have committed a
526 delinquent act” means a child who, pursuant to the provisions of
527 chapter 985, is found by a court to have committed a violation
528 of law or to be in direct or indirect contempt of court, except
529 that this definition shall not include an act constituting
530 contempt of court arising out of a dependency proceeding or a
531 proceeding pursuant to this chapter.
532 (12) “Child who is found to be dependent” or “dependent
533 child” means a child who, pursuant to this chapter, is found by
534 the court:
535 (a) To have been abandoned, abused, or neglected by the
536 child’s parents or other custodians.
537 (b) To have been surrendered to the former Department of
538 Health and Rehabilitative Services, the Department of Children
539 and Families, or a licensed child-placing agency for purpose of
540 adoption.
541 (c) To have been voluntarily placed with a licensed child
542 caring agency, a licensed child-placing agency, an adult
543 relative, the former Department of Health and Rehabilitative
544 Services, or the Department of Children and Families, after
545 which placement, under the requirements of this chapter, a case
546 plan has expired and the parent or parents have failed to
547 substantially comply with the requirements of the plan.
548 (d) To have been voluntarily placed with a licensed child
549 placing agency for the purposes of subsequent adoption and a
550 natural parent or parents signed a consent pursuant to the
551 Florida Rules of Juvenile Procedure.
552 (e) To have no parent, legal custodian, or responsible
553 adult relative to provide supervision and care.
554 (f) To be at substantial risk of imminent abuse or neglect
555 by the parent or parents or the custodian.
556 (8)(13) “Circuit” means any of the 20 judicial circuits as
557 set forth in s. 26.021.
558 (14) “Comprehensive assessment” or “assessment” means the
559 gathering of information for the evaluation of a juvenile
560 offender’s or a child’s physical, psychological, educational,
561 vocational, and social condition and family environment as they
562 relate to the child’s need for rehabilitative and treatment
563 services, including substance abuse treatment services, mental
564 health services, developmental services, literacy services,
565 medical services, family services, and other specialized
566 services, as appropriate.
567 (9)(15) “Court,” unless otherwise expressly stated, means
568 the circuit court assigned to exercise jurisdiction under this
569 chapter.
570 (10) “Custodian” means any adult person who is exercising
571 actual physical custody of the child and is providing food,
572 clothing, and care for the child in the absence of a parent or
573 legal guardian.
574 (16) “Delinquency program” means any intake, community
575 control, or similar program; regional detention center or
576 facility; or community-based program, whether owned and operated
577 by or contracted by the Department of Juvenile Justice, or
578 institution owned and operated by or contracted by the
579 Department of Juvenile Justice, which provides intake,
580 supervision, or custody and care of children who are alleged to
581 be or who have been found to be delinquent pursuant to chapter
582 985.
583 (11)(17) “Department” means the Department of Juvenile
584 Justice.
585 (18) “Detention care” means the temporary care of a child
586 in secure, nonsecure, or home detention, pending a court
587 adjudication or disposition or execution of a court order. There
588 are three types of detention care, as follows:
589 (a) “Secure detention” means temporary custody of the child
590 while the child is under the physical restriction of a detention
591 center or facility pending adjudication, disposition, or
592 placement.
593 (b) “Nonsecure detention” means temporary custody of the
594 child while the child is in a residential home in the community
595 in a physically nonrestrictive environment under the supervision
596 of the Department of Juvenile Justice pending adjudication,
597 disposition, or placement.
598 (c) “Home detention” means temporary custody of the child
599 while the child is released to the custody of the parent,
600 guardian, or custodian in a physically nonrestrictive
601 environment under the supervision of the Department of Juvenile
602 Justice staff pending adjudication, disposition, or placement.
603 (19) “Detention center or facility” means a facility used
604 pending court adjudication or disposition or execution of court
605 order for the temporary care of a child alleged or found to have
606 committed a violation of law. A detention center or facility may
607 provide secure or nonsecure custody. A facility used for the
608 commitment of adjudicated delinquents shall not be considered a
609 detention center or facility.
610 (20) “Detention hearing” means a hearing for the court to
611 determine if a child should be placed in temporary custody, as
612 provided for under s. 39.402, in dependency cases.
613 (21) “Diligent efforts of social service agency” means
614 reasonable efforts to provide social services or reunification
615 services made by any social service agency as defined in this
616 section that is a party to a case plan.
617 (22) “Diligent search” means the efforts of a social
618 service agency to locate a parent or prospective parent whose
619 identity or location is unknown, or a relative made known to the
620 social services agency by the parent or custodian of a child.
621 When the search is for a parent, prospective parent, or relative
622 of a child in the custody of the department, this search must be
623 initiated as soon as the agency is made aware of the existence
624 of such parent, prospective parent, or relative. A diligent
625 search shall include interviews with persons who are likely to
626 have information about the identity or location of the person
627 being sought, comprehensive database searches, and records
628 searches, including searches of employment, residence,
629 utilities, Armed Forces, vehicle registration, child support
630 enforcement, law enforcement, and corrections records, and any
631 other records likely to result in identifying and locating the
632 person being sought. The initial diligent search must be
633 completed within 90 days after a child is taken into custody.
634 After the completion of the initial diligent search, the
635 department, unless excused by the court, shall have a continuing
636 duty to search for relatives with whom it may be appropriate to
637 place the child, until such relatives are found or until the
638 child is placed for adoption.
639 (12)(23) “Disposition hearing” means a hearing in which the
640 court determines the most appropriate dispositional services in
641 the least restrictive available setting provided for under s.
642 984.20(3), in child in need of services child-in-need-of
643 services cases.
644 (13) “Early truancy intervention” means action taken by a
645 school or school district pursuant to s. 1003.26 to identify a
646 pattern of nonattendance by a student subject to compulsory
647 school attendance at the earliest opportunity to address the
648 reasons for the student’s nonattendance, and includes services
649 provided by the school or school district, or the department or
650 its authorized agent pursuant to s. 984.11, and may include
651 judicial action pursuant to s. 984.151 or s. 1003.27.
652 (14)(24) “Family” means a collective body of persons,
653 consisting of a child and a parent, legal guardian, adult
654 custodian, or adult relative, in which:
655 (a) The persons reside in the same house or living unit; or
656 (b) The parent, legal guardian, adult custodian, or adult
657 relative has a legal responsibility by blood, marriage, or court
658 order to support or care for the child.
659 (15)(25) “Family in need of services” means a family that
660 has a child who is running away; who is ungovernable and
661 persistently disobeying reasonable and lawful demands of the
662 parent or legal custodian and is beyond the control of the
663 parent or legal custodian; or who is a habitual habitually
664 truant from school or engaging in other serious behaviors that
665 place the child at risk of future abuse, neglect, or abandonment
666 or at risk of entering the juvenile justice system. The child
667 must be referred to a law enforcement agency, the department of
668 Juvenile Justice, or an agency contracted to provide services to
669 children in need of services. A family is not eligible to
670 receive voluntary family services if, at the time of the
671 referral, there is an open investigation into an allegation of
672 abuse, neglect, or abandonment or if the child is currently
673 under court-ordered supervision by the department for
674 delinquency under chapter 985 of Juvenile Justice or the
675 Department of Children and Families due to a finding of
676 dependency under chapter 39 an adjudication of dependency or
677 delinquency.
678 (26) “Foster care” means care provided a child in a foster
679 family or boarding home, group home, agency boarding home, child
680 care institution, or any combination thereof.
681 (16)(27) “Habitual Habitually truant” has the same meaning
682 as in s. 1003.01(12). means that:
683 (a) The child has 15 unexcused absences within 90 calendar
684 days with or without the knowledge or justifiable consent of the
685 child’s parent or legal guardian, is subject to compulsory
686 school attendance under s. 1003.21(1) and (2)(a), and is not
687 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
688 specified by law or the rules of the State Board of Education.
689 (b) Activities to determine the cause, and to attempt the
690 remediation, of the child’s truant behavior under ss. 1003.26
691 and 1003.27(3), have been completed.
692
693 If a child who is subject to compulsory school attendance is
694 responsive to the interventions described in ss. 1003.26 and
695 1003.27(3) and has completed the necessary requirements to pass
696 the current grade as indicated in the district pupil progression
697 plan, the child shall not be determined to be habitually truant
698 and shall be passed. If a child within the compulsory school
699 attendance age has 15 unexcused absences within 90 calendar days
700 or fails to enroll in school, the State Attorney may, or the
701 appropriate jurisdictional agency shall, file a child-in-need
702 of-services petition if recommended by the case staffing
703 committee, unless it is determined that another alternative
704 action is preferable. The failure or refusal of the parent or
705 legal guardian or the child to participate, or make a good faith
706 effort to participate, in the activities prescribed to remedy
707 the truant behavior, or the failure or refusal of the child to
708 return to school after participation in activities required by
709 this subsection, or the failure of the child to stop the truant
710 behavior after the school administration and the Department of
711 Juvenile Justice have worked with the child as described in ss.
712 1003.26 and 1003.27(3) shall be handled as prescribed in s.
713 1003.27.
714 (17)(28) “Intake” means the initial acceptance and
715 screening by the department or its authorized agent of a
716 referral from an early truancy intervention court, a school
717 board, or a school requesting services; a request for assistance
718 from a parent or child; or a complaint, of Juvenile Justice of a
719 complaint or a law enforcement report, or probable cause
720 affidavit of a child’s truancy, ungovernable behavior, or
721 running away, on behalf of a family delinquency, family in need
722 of services, or child in need of services to determine the most
723 appropriate course of action recommendation to be taken in the
724 best interests of the child, the family, and the community. The
725 emphasis of intake is on diversion and the least restrictive
726 available services. Consequently, intake includes such
727 alternatives as:
728 (a) The disposition of the request for services, complaint,
729 report, or probable cause affidavit without court or public
730 agency action or judicial handling when appropriate.
731 (b) The referral of the child to another public or private
732 agency when appropriate.
733 (c) The recommendation by the assigned intake case manager
734 juvenile probation officer of judicial handling when appropriate
735 and warranted.
736 (18)(29) “Judge” means the circuit judge exercising
737 jurisdiction pursuant to this chapter.
738 (30) “Juvenile justice continuum” includes, but is not
739 limited to, delinquency prevention programs and services
740 designed for the purpose of preventing or reducing delinquent
741 acts, including criminal activity by criminal gangs and juvenile
742 arrests, as well as programs and services targeted at children
743 who have committed delinquent acts, and children who have
744 previously been committed to residential treatment programs for
745 delinquents. The term includes children-in-need-of-services and
746 families-in-need-of-services programs; conditional release;
747 substance abuse and mental health programs; educational and
748 vocational programs; recreational programs; community services
749 programs; community service work programs; and alternative
750 dispute resolution programs serving children at risk of
751 delinquency and their families, whether offered or delivered by
752 state or local governmental entities, public or private for
753 profit or not-for-profit organizations, or religious or
754 charitable organizations.
755 (31) “Juvenile probation officer” means the authorized
756 agent of the department who performs and directs intake,
757 assessment, probation, or conditional release, and other related
758 services.
759 (19)(32) “Legal custody” means a legal status created by
760 court order or letter of guardianship which vests in a custodian
761 of the person or guardian, whether an agency or an individual,
762 the right to have physical custody of the child and the right
763 and duty to protect, train, and discipline the child and to
764 provide him or her with food, shelter, education, and ordinary
765 medical, dental, psychiatric, and psychological care.
766 (20)(33) “Licensed child-caring agency” means a person,
767 society, association, or agency licensed by the Department of
768 Children and Families to care for, receive, and board children,
769 and includes shelters under this chapter.
770 (21)(34) “Licensed health care professional” means a
771 physician licensed under chapter 458, an osteopathic physician
772 licensed under chapter 459, a nurse licensed under part I of
773 chapter 464, a physician assistant licensed under chapter 458 or
774 chapter 459, or a dentist licensed under chapter 466.
775 (35) “Mediation” means a process whereby a neutral third
776 person called a mediator acts to encourage and facilitate the
777 resolution of a dispute between two or more parties. It is an
778 informal and nonadversarial process with the objective of
779 helping the disputing parties reach a mutually acceptable and
780 voluntary agreement. In mediation, decisionmaking authority
781 rests with the parties. The role of the mediator includes, but
782 is not limited to, assisting the parties in identifying issues,
783 fostering joint problem solving, and exploring settlement
784 alternatives.
785 (22)(36) “Necessary medical treatment” means care that is
786 necessary within a reasonable degree of medical certainty to
787 prevent the deterioration of a child’s condition or to alleviate
788 immediate pain of a child.
789 (23) “Needs assessment” means the gathering of information
790 for the evaluation of a child’s physical, psychological,
791 educational, vocational, and social condition and family
792 environment related to the child’s need for services, including
793 substance abuse treatment services, mental health services,
794 developmental services, literacy services, medical services,
795 family services, individual and family counseling, education
796 services, and other specialized services, as appropriate.
797 (24)(37) “Neglect” has the same meaning as in s. 39.01(53).
798 occurs when the parent or legal custodian of a child or, in the
799 absence of a parent or legal custodian, the person primarily
800 responsible for the child’s welfare deprives a child of, or
801 allows a child to be deprived of, necessary food, clothing,
802 shelter, or medical treatment or permits a child to live in an
803 environment when such deprivation or environment causes the
804 child’s physical, mental, or emotional health to be
805 significantly impaired or to be in danger of being significantly
806 impaired. The foregoing circumstances shall not be considered
807 neglect if caused primarily by financial inability unless actual
808 services for relief have been offered to and rejected by such
809 person. A parent or guardian legitimately practicing religious
810 beliefs in accordance with a recognized church or religious
811 organization who thereby does not provide specific medical
812 treatment for a child shall not, for that reason alone, be
813 considered a negligent parent or guardian; however, such an
814 exception does not preclude a court from ordering the following
815 services to be provided, when the health of the child so
816 requires:
817 (a) Medical services from a licensed physician, dentist,
818 optometrist, podiatric physician, or other qualified health care
819 provider; or
820 (b) Treatment by a duly accredited practitioner who relies
821 solely on spiritual means for healing in accordance with the
822 tenets and practices of a well-recognized church or religious
823 organization.
824 (38) “Next of kin” means an adult relative of a child who
825 is the child’s brother, sister, grandparent, aunt, uncle, or
826 first cousin.
827 (25)(39) “Parent” means a woman who gives birth to a child
828 and a man whose consent to the adoption of the child would be
829 required under s. 63.062(1). If a child has been legally
830 adopted, the term “parent” means the adoptive mother or father
831 of the child. The term does not include an individual whose
832 parental relationship to the child has been legally terminated,
833 or an alleged or prospective parent, unless the parental status
834 falls within the terms of either s. 39.503(1) or s. 63.062(1).
835 (26)(40) “Participant,” for purposes of a shelter
836 proceeding under this chapter, means any person who is not a
837 party but who should receive notice of hearings involving the
838 child, including foster parents, identified prospective parents,
839 grandparents entitled to priority for adoption consideration
840 under s. 63.0425, actual custodians of the child, and any other
841 person whose participation may be in the best interest of the
842 child. Participants may be granted leave by the court to be
843 heard without the necessity of filing a motion to intervene.
844 (27)(41) “Party,” for purposes of a shelter proceeding
845 under this chapter, means the parent, legal guardian, or actual
846 custodian of the child, the petitioner, the department, the
847 guardian ad litem when one has been appointed, and the child.
848 The presence of the child may be excused by order of the court
849 when presence would not be in the child’s best interest or the
850 child has failed to appear for a proceeding after having been
851 noticed. Notice to the child may be excused by order of the
852 court when the age, capacity, or other condition of the child is
853 such that the notice would be meaningless or detrimental to the
854 child.
855 (28) “Physically secure shelter” means a department
856 approved locked facility or locked unit within a facility for
857 the care of a child adjudicated a child in need of services who
858 is court ordered to be held pursuant to s. 984.226. A physically
859 secure shelter unit shall provide 24-hour, continuous
860 supervision.
861 (42) “Preliminary screening” means the gathering of
862 preliminary information to be used in determining a child’s need
863 for further evaluation or assessment or for referral for other
864 substance abuse services through means such as psychosocial
865 interviews; urine and breathalyzer screenings; and reviews of
866 available educational, delinquency, and dependency records of
867 the child.
868 (29)(43) “Preventive services” means social services and
869 other supportive and evaluation and intervention rehabilitative
870 services provided to the child or the parent, of the child, the
871 legal guardian of the child, or the custodian of the child and
872 to the child for the purpose of averting the removal of the
873 child from the home or disruption of a family which will or
874 could result in an adjudication that orders the placement of a
875 child under dependency supervision into foster care or into the
876 delinquency system or that will or could result in the child
877 living on the street. Social services and other supportive and
878 rehabilitative services may include the provision of assessment
879 and screening services; individual, group, or family counseling;
880 specialized educational and vocational services; temporary
881 voluntary shelter for the child; outreach services for children
882 living on the street; independent living services to assist
883 adolescents in achieving a successful transition to adulthood;
884 and other specialized services.
885 (44) “Protective supervision” means a legal status in
886 child-in-need-of-services cases or family-in-need-of-services
887 cases which permits the child to remain in his or her own home
888 or other placement under the supervision of an agent of the
889 Department of Juvenile Justice or the Department of Children and
890 Families, subject to being returned to the court during the
891 period of supervision.
892 (30)(45) “Relative” means a grandparent, great-grandparent,
893 sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
894 niece, or nephew, whether related by the whole or half blood, by
895 affinity, or by adoption. The term does not include a
896 stepparent.
897 (31)(46) “Reunification services” means social services and
898 other supportive and rehabilitative services provided to the
899 child and the parent of the child, the legal guardian of the
900 child, or the custodian of the child, whichever is applicable,;
901 the child; and, where appropriate, the foster parents of the
902 child for the purpose of assisting enabling a child who has been
903 placed in temporary shelter care to return to his or her family
904 at the most appropriate and effective earliest possible time
905 based on the presenting concerns at intake. Social services and
906 other supportive and rehabilitative services shall be consistent
907 with the child’s need for a safe, continuous, and stable living
908 environment and shall promote the strengthening of family life
909 whenever possible.
910 (32)(47) “Secure detention center or facility” means a
911 physically restricting facility for the temporary care of
912 children, pending adjudication, disposition, or placement under
913 chapter 985.
914 (33)(48) “Shelter” means a department-approved shelter
915 facility for the temporary care of runaway children; children
916 placed for voluntary shelter respite upon request of the child
917 or the child’s parent, legal guardian, or custodian; or for
918 placement of a child who has been adjudicated a child in need of
919 services or who has been found in contempt of court under s.
920 984.09. Shelters must provide 24-hour continual supervision a
921 place for the temporary care of a child who is alleged to be or
922 who has been found to be dependent, a child from a family in
923 need of services, or a child in need of services, pending court
924 disposition before or after adjudication or after execution of a
925 court order. “Shelter” may include a facility which provides 24
926 hour continual supervision for the temporary care of a child who
927 is placed pursuant to s. 984.14.
928 (49) “Shelter hearing” means a hearing provided for under
929 s. 984.14 in family-in-need-of-services cases or child-in-need
930 of-services cases.
931 (50) “Staff-secure shelter” means a facility in which a
932 child is supervised 24 hours a day by staff members who are
933 awake while on duty. The facility is for the temporary care and
934 assessment of a child who has been found to be dependent, who
935 has violated a court order and been found in contempt of court,
936 or whom the Department of Children and Families is unable to
937 properly assess or place for assistance within the continuum of
938 services provided for dependent children.
939 (34)(51) “Substance abuse” means using, without medical
940 reason, any psychoactive or mood-altering drug, including
941 alcohol, in such a manner as to induce impairment resulting in
942 dysfunctional social behavior.
943 (35)(52) “Taken into custody” means the status of a child
944 immediately when temporary physical control over the child is
945 attained by a person authorized by law, pending the child’s
946 release, shelter detention, placement, or other disposition as
947 authorized by law.
948 (36)(53) “Temporary legal custody” means the relationship
949 that a juvenile court creates between a child and an adult
950 relative of the child, adult nonrelative approved by the court,
951 or other person until a more permanent arrangement is ordered.
952 Temporary legal custody confers upon the custodian the right to
953 have temporary physical custody of the child and the right and
954 duty to protect, train, and discipline the child and to provide
955 the child with food, shelter, and education, and ordinary
956 medical, dental, psychiatric, and psychological care, unless
957 these rights and duties are otherwise enlarged or limited by the
958 court order establishing the temporary legal custody
959 relationship.
960 (37)(54) “Truancy petition” means a petition filed by the
961 superintendent of schools under s. 984.151 for the purpose of
962 early truancy intervention alleging that a student subject to
963 compulsory school attendance has had at least five unexcused
964 absences, or absences for which the reasons are unknown, within
965 a calendar month or 10 unexcused absences, or absences for which
966 the reasons are unknown, within a 90-calendar-day period, or has
967 had more than 15 unexcused absences in a 90-calendar-day period.
968 A truancy petition is filed and processed under s. 984.151.
969 (38) “Truant status offender” means a child subject to the
970 jurisdiction of the court under s. 984.151 who has been found by
971 the court to be truant while subject to compulsory education.
972 The court’s jurisdiction is limited to entering orders to
973 require the child to attend school and participate in services
974 to encourage regular school attendance. A truant status offender
975 is not a delinquent child and may not be deemed to have
976 committed a criminal or delinquent act solely due to failure to
977 attend school.
978 (39)(55) “Violation of law” or “delinquent act” means a
979 violation of any law of this state, the United States, or any
980 other state which is a misdemeanor or a felony or a violation of
981 a county or municipal ordinance which would be punishable by
982 incarceration if the violation were committed by an adult.
983 (40) “Voluntary family services” means voluntary services
984 provided by the department or an agency designated by the
985 department to a family that has a child who is running away; who
986 is ungovernable by persistently disobeying reasonable and lawful
987 demands of the parent, legal guardian, or custodian and is
988 beyond the control of the parent, legal guardian, or custodian;
989 or who is a habitual truant or engaging in other serious
990 behaviors that place the child at risk of future abuse, neglect,
991 abandonment, or entering the juvenile justice system. The child
992 must be referred to the Department of Juvenile Justice or an
993 agency designated by the department to provide voluntary
994 services to families and children.
995 Section 5. Section 984.04, Florida Statutes, is amended to
996 read:
997 984.04 Early truancy intervention; families in need of
998 services and children in need of services; procedures and
999 jurisdiction.—
1000 (1) It is the intent of the Legislature to address the
1001 problems of families in need of services by providing them with
1002 an array of services designed to preserve the unity and
1003 integrity of the family and to emphasize parental responsibility
1004 for the behavior of their children. Services to families in need
1005 of services and children in need of services shall be provided
1006 on a continuum of increasing intensity and participation by the
1007 parent and child. Judicial intervention to resolve the problems
1008 and conflicts that exist within a family shall be limited to
1009 situations in which a resolution to the problem or conflict has
1010 not been achieved through service, treatment, and family
1011 intervention after all available less restrictive resources have
1012 been exhausted. In creating this chapter, the Legislature
1013 recognizes the need to distinguish the problems of truants,
1014 runaways, and children beyond the control of their parents, and
1015 the services provided to these children, from the problems and
1016 services designed to meet the needs of abandoned, abused,
1017 neglected, and delinquent children. In achieving this
1018 recognition, it shall be the policy of the state to develop
1019 short-term, temporary services and programs utilizing the least
1020 restrictive method for families in need of services and children
1021 in need of services.
1022 (1)(2) The department of Juvenile Justice shall be
1023 responsible for all nonjudicial proceedings involving voluntary
1024 a family in need of services for a family identified as a family
1025 in need of services.
1026 (3) All nonjudicial procedures in family-in-need-of
1027 services cases shall be according to rules established by the
1028 department of Juvenile Justice under chapter 120.
1029 (2)(4) The circuit court shall have exclusive original
1030 jurisdiction of judicial proceedings involving early truancy
1031 intervention. When the jurisdiction of any child found to be
1032 truant under s. 984.151 is obtained, the court may retain
1033 jurisdiction for up to 180 days. The court must terminate
1034 supervision and relinquish jurisdiction if the child has
1035 substantially complied with the requirements of early truancy
1036 intervention, is no longer subject to compulsory education, or
1037 is adjudicated a child in need of services under s. 984.21
1038 continued placement of a child from a family in need of services
1039 in shelter.
1040 (3)(5) The circuit court shall have exclusive original
1041 jurisdiction of proceedings in which a child is alleged to be a
1042 child in need of services. When the jurisdiction of any child
1043 who has been found to be a child in need of services or the
1044 parent, custodian, or legal guardian of such a child is
1045 obtained, the court shall retain jurisdiction, unless
1046 relinquished by its order or unless the department withdraws its
1047 petition because the child no longer meets the definition of a
1048 child in need of services as defined in s. 984.03, until the
1049 child reaches 18 years of age. This subsection does shall not be
1050 construed to prevent the exercise of jurisdiction by any other
1051 court having jurisdiction of the child if the child commits a
1052 violation of law, is the subject of the dependency provisions
1053 under this chapter, or is the subject of a pending investigation
1054 into an allegation or suspicion of abuse, neglect, or
1055 abandonment.
1056 (4) Jurisdiction of the circuit court shall attach to the
1057 case and parties to proceedings filed under s. 984.15 or under
1058 s. 984.151 when the summons is served upon the child and a
1059 parent, legal guardian, or custodian, or when the parties
1060 personally appear before the court.
1061 (5)(6) All procedures, including petitions, pleadings,
1062 subpoenas, summonses, and hearings, in proceedings under this
1063 chapter family-in-need-of-services cases and child-in-need-of
1064 services cases shall be according to the Florida Rules of
1065 Juvenile Procedure unless otherwise provided by law.
1066 (7) The department may contract with a provider to provide
1067 services and programs for families in need of services and
1068 children in need of services.
1069 Section 6. Subsections (2) and (4) of section 984.06,
1070 Florida Statutes, are amended to read:
1071 984.06 Oaths, records, and confidential information.—
1072 (2) The court shall make and keep records of all cases
1073 brought before it pursuant to this chapter and shall preserve
1074 the records pertaining to a child in need of services until 10
1075 years after the last entry was made or until the child is 18
1076 years of age, whichever date is first reached, and may then
1077 destroy them. The court shall make official records, consisting
1078 of all petitions and orders filed in a case arising pursuant to
1079 this chapter and any other pleadings, certificates, proofs of
1080 publication, summonses, warrants, and other writs which are
1081 filed in the case.
1082 (4) Except as provided in subsection (3), all information
1083 obtained pursuant to this chapter in the discharge of official
1084 duty by any judge, employee of the court, authorized agent of
1085 the department, school employee, district superintendent, school
1086 board employee, or law enforcement agent is confidential and may
1087 not be disclosed to anyone other than the authorized personnel
1088 of the court, the department and its designees, school or school
1089 board personnel, law enforcement agencies, and others entitled
1090 under this chapter to receive that information, except upon
1091 order of the court.
1092 Section 7. Section 984.07, Florida Statutes, is amended to
1093 read:
1094 984.07 Right to counsel; waiver; appointed counsel;
1095 compensation.—
1096 (1) When a petition is filed alleging that a child is a
1097 child in need of services or if the child is subject to contempt
1098 proceedings under s. 984.09, the child must be represented by
1099 counsel at each court appearance. The court must appoint counsel
1100 unless the child is not indigent and has counsel present to
1101 represent the child or the record in that proceeding
1102 affirmatively demonstrates by clear and convincing evidence that
1103 the child knowingly and intelligently waived the right to
1104 counsel after being fully advised by the court of the nature of
1105 the proceedings and the dispositional alternatives available to
1106 the court. If the child waives counsel at any proceeding, the
1107 court shall advise the child with respect to the right to
1108 counsel at every subsequent hearing.
1109 (2) A child in proceedings under s. 984.151 may have
1110 counsel appointed by the court if the court determines it is in
1111 the best interest of the child.
1112 (3) If the court appoints counsel for a child, and if the
1113 child and his or her parents or legal guardians are indigent and
1114 unable to employ counsel, the court must appoint an attorney to
1115 represent the child under s. 27.511. Determination of indigence
1116 and costs of representation shall be as provided by s. 57.082.
1117 Legal counsel representing a child who exercises the right to
1118 counsel may provide advice and counsel to the child at any time
1119 after appointment.
1120 (4) If the parents or legal guardians of an indigent child
1121 are not indigent but refuse to employ counsel, the court shall
1122 appoint counsel pursuant to s. 27.511 to represent the child
1123 until counsel is provided. Costs of representation must be
1124 imposed as provided by s. 57.082. Thereafter, the court may not
1125 appoint counsel for an indigent child with nonindigent parents
1126 or legal guardian but shall order the parents or legal guardian
1127 to obtain private counsel.
1128 (a) A parent or legal guardian of an indigent child who has
1129 been ordered to obtain private counsel for the child and who
1130 willfully fails to follow the court order shall be punished by
1131 the court in civil contempt proceedings.
1132 (b) An indigent child may have counsel appointed pursuant
1133 to ss. 27.511 and 57.082 if the parents or legal guardian have
1134 willfully refused to obey the court order to obtain counsel for
1135 the child and have been punished by civil contempt. Costs of
1136 representation must be imposed as provided by s. 57.082.
1137 (5) If the court makes a finding that nonindigent parents
1138 have made a good faith effort to participate in services and
1139 remediate the child’s behavior, but despite their good faith
1140 efforts, the child’s truancy, ungovernable behavior, or runaway
1141 behavior has persisted, the court may appoint counsel to
1142 represent the child as provided in s. 27.511.
1143 (6) If counsel is entitled to receive compensation for
1144 representation pursuant to court appointment in a child in need
1145 of services proceeding, such compensation may not exceed $1,000
1146 at the trial level and $2,500 at the appellate level.
1147 (7) This section does not preclude the court from
1148 requesting reimbursement of attorney fees and costs from the
1149 nonindigent parent or legal guardian.
1150 (8) The court may appoint an attorney to represent a parent
1151 or legal guardian under this chapter only upon a finding that
1152 the parent or legal guardian is indigent pursuant to s. 57.082.
1153 If an attorney is appointed, the parent or legal guardian shall
1154 be enrolled in a payment plan pursuant to s. 28.246 If counsel
1155 is entitled to receive compensation for representation pursuant
1156 to court appointment in a child-in-need-of-services proceeding,
1157 such compensation shall not exceed $1,000 at the trial level and
1158 $2,500 at the appellate level.
1159 Section 8. Subsection (1) of section 984.071, Florida
1160 Statutes, is amended, and subsection (3) is added to that
1161 section, to read:
1162 984.071 Resources and information.—
1163 (1) The department of Juvenile Justice, in collaboration
1164 with the Department of Children and Families and the Department
1165 of Education, shall develop and publish an information guide
1166 packet that explains the current process under this chapter for
1167 obtaining assistance for a child in need of services or a family
1168 in need of services and the community services and resources
1169 available to parents of troubled or runaway children. The
1170 information guide shall be published in a written format for
1171 distribution and shall also be published on the department’s
1172 website. In preparing the information packet, the Department of
1173 Juvenile Justice shall work with school district
1174 superintendents, juvenile court judges, county sheriffs, and
1175 other local law enforcement officials in order to ensure that
1176 the information packet lists services and resources that are
1177 currently available within the county in which the packet is
1178 distributed. Each information guide packet shall be reviewed
1179 annually and updated as appropriate. The school district shall
1180 distribute this information guide packet to parents of truant
1181 children, and to other parents upon request or as deemed
1182 appropriate by the school district. In addition, the department
1183 of Juvenile Justice shall distribute the information guide
1184 packet to state and local law enforcement agencies. Any law
1185 enforcement officer who has contact with the parent of a child
1186 who is locked out of the home, who is ungovernable, or who runs
1187 away from home shall make the information guide available to the
1188 parent.
1189 (3) The Department of Education and the Department of
1190 Children and Families must each post the department’s
1191 information guide on their respective websites.
1192 Section 9. Sections 984.08 and 984.085, Florida Statutes,
1193 are repealed.
1194 Section 10. Section 984.0861, Florida Statutes, is created
1195 to read:
1196 984.0861 Prohibited use of detention.—A child under the
1197 jurisdiction of the court solely pursuant to this chapter may
1198 not be placed in:
1199 (1) Any form of detention care intended for the use of
1200 alleged juvenile delinquents as authorized under chapter 985 for
1201 any purpose.
1202 (2) A secure detention facility authorized for use under
1203 chapter 985 for any purpose.
1204 (3) Any jail or other similar facility used for the purpose
1205 of detention or confinement of adults for any purpose.
1206 Section 11. Section 984.09, Florida Statutes, is amended to
1207 read:
1208 984.09 Punishment for contempt of court; alternative
1209 sanctions.—
1210 (1) CONTEMPT OF COURT; LEGISLATIVE INTENT.—The court may
1211 punish any child for contempt for interfering with the court or
1212 with court administration, or for violating any provision of
1213 this chapter or order of the court relative thereto. It is the
1214 intent of the Legislature that the court restrict and limit the
1215 use of contempt powers and prohibit the use of detention care
1216 and secure detention facilities as provided in s. 984.0861 with
1217 respect to commitment of a child to a secure facility. A child
1218 who commits direct contempt of court or indirect contempt of a
1219 valid court order may be taken into custody and ordered to serve
1220 an alternative sanction or placed in a shelter secure facility,
1221 as authorized in this section, by order of the court.
1222 (2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child
1223 adjudicated as a child in need of services may only be placed in
1224 a shelter secure facility for purposes of punishment for
1225 contempt of court if alternative sanctions are unavailable or
1226 inappropriate, or if the child has already been ordered to serve
1227 an alternative sanction but failed to comply with the sanction.
1228 (a) A delinquent child who has been held in direct or
1229 indirect contempt may be placed in a secure detention facility
1230 for 5 days for a first offense or 15 days for a second or
1231 subsequent offense, or in a secure residential commitment
1232 facility.
1233 (a)(b) A child in need of services who has been held in
1234 direct contempt or indirect contempt may be placed, for 5 days
1235 for a first offense or 15 days for a second or subsequent
1236 offense, in a staff-secure shelter operated by or contracted
1237 with the department to provide such services or a staff-secure
1238 residential facility solely for children in need of services if
1239 such placement is available, or, if such placement is not
1240 available, the child may be placed in an appropriate mental
1241 health facility or substance abuse facility for assessment. In
1242 addition to disposition under this paragraph, a child in need of
1243 services who is held in direct contempt or indirect contempt may
1244 be placed in a physically secure shelter setting as provided
1245 under s. 984.226 if conditions of eligibility are met.
1246 (b) A child subject to proceedings under s. 984.151 who has
1247 been held in direct contempt or indirect contempt may only be
1248 placed, for 5 days for a first offense or 15 days for a second
1249 or subsequent offense, in a shelter operated by or contracted
1250 with the department for such services if a shelter bed is
1251 available. Upon a second or subsequent finding of contempt under
1252 this section, the court must refer the child to the case
1253 staffing committee with a recommendation to file a child in need
1254 of services petition.
1255 (c) Any shelter placement ordered under this section must
1256 be given as a cumulative sanction. Separate sanctions for the
1257 same act or series of acts within the same episode may not be
1258 imposed.
1259 (3) ALTERNATIVE SANCTIONS.—Each judicial circuit shall have
1260 an alternative sanctions coordinator who shall serve under the
1261 chief administrative judge of the juvenile division of the
1262 circuit court, and who shall coordinate and maintain a spectrum
1263 of contempt sanction alternatives in conjunction with the
1264 circuit plan implemented in accordance with s. 790.22(4)(c).
1265 Upon determining that a child has committed direct contempt of
1266 court or indirect contempt of a valid court order, the court may
1267 immediately request the circuit alternative sanctions
1268 coordinator to recommend the most appropriate available
1269 alternative sanction and shall order the child to perform up to
1270 50 hours of community-service manual labor or a similar
1271 alternative sanction, unless an alternative sanction is
1272 unavailable or inappropriate, or unless the child has failed to
1273 comply with a prior alternative sanction. Alternative contempt
1274 sanctions may be provided by local industry or by any nonprofit
1275 organization or any public or private business or service entity
1276 that has entered into a contract with the department of Juvenile
1277 Justice to act as an agent of the state to provide voluntary
1278 supervision of children on behalf of the state in exchange for
1279 the manual labor of children and limited immunity in accordance
1280 with s. 768.28(11).
1281 (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
1282 PROCESS.—
1283 (a) If a child subject to proceedings under this chapter is
1284 charged with direct contempt of court, including traffic court,
1285 the court may impose an authorized sanction immediately.
1286 (b) If a child subject to proceedings under this chapter is
1287 charged with indirect contempt of court, the court must issue an
1288 order to show cause and schedule hold a hearing within 24 hours
1289 to determine whether the child committed indirect contempt of a
1290 valid court order. The child must be served with the order to
1291 show cause and notice of hearing. At the hearing, the following
1292 due process rights must be provided to the child:
1293 1. Right to a copy of the order to show cause alleging
1294 facts supporting the contempt charge.
1295 2. Right to an explanation of the nature and the
1296 consequences of the proceedings.
1297 3. Right to legal counsel and the right to have legal
1298 counsel appointed by the court if the juvenile is indigent,
1299 pursuant to s. 984.07 s. 985.033.
1300 4. Right to confront witnesses.
1301 5. Right to present witnesses.
1302 6. Right to have a transcript or record of the proceeding.
1303 7. Right to appeal to an appropriate court.
1304
1305 The child’s parent, legal or guardian, or custodian may address
1306 the court regarding the due process rights of the child. If
1307 after the hearing, the court determines the child has committed
1308 indirect contempt of a valid court order, the court may impose
1309 an alternative sanction or may proceed under subsection (2). If
1310 the court orders shelter placement of a child found in contempt
1311 of court, the court shall review the matter placement of the
1312 child every 72 hours to determine whether it is appropriate for
1313 the child to remain in the facility.
1314 (c) The court may not order that a child be placed in a
1315 shelter secure facility for punishment for contempt unless the
1316 court determines that an alternative sanction is inappropriate
1317 or unavailable or that the child was initially ordered to an
1318 alternative sanction and did not comply with the alternative
1319 sanction. The court is encouraged to order a child to perform
1320 community service, up to the maximum number of hours, where
1321 appropriate before ordering that the child be placed in a
1322 shelter secure facility as punishment for contempt of court.
1323 (d) In addition to any other sanction imposed under this
1324 section, the court may direct the Department of Highway Safety
1325 and Motor Vehicles to withhold issuance of, or suspend, a
1326 child’s driver license or driving privilege. The court may order
1327 that a child’s driver license or driving privilege be withheld
1328 or suspended for up to 1 year for a first offense of contempt
1329 and up to 2 years for a second or subsequent offense. If the
1330 child’s driver license or driving privilege is suspended or
1331 revoked for any reason at the time the sanction for contempt is
1332 imposed, the court shall extend the period of suspension or
1333 revocation by the additional period ordered under this
1334 paragraph. If the child’s driver license is being withheld at
1335 the time the sanction for contempt is imposed, the period of
1336 suspension or revocation ordered under this paragraph shall
1337 begin on the date on which the child is otherwise eligible to
1338 drive. For a child in need of services whose driver license or
1339 driving privilege is suspended under this paragraph, the court
1340 may direct the Department of Highway Safety and Motor Vehicles
1341 to issue the child a license for driving privileges restricted
1342 to business or employment purposes only, as defined in s.
1343 322.271, or for the purpose of completing court-ordered
1344 community service, if the child is otherwise qualified for a
1345 license. However, the department may not issue a restricted
1346 license unless specifically ordered to do so by the court.
1347 (5) ALTERNATIVE SANCTIONS COORDINATOR.—There is created the
1348 position of alternative sanctions coordinator within each
1349 judicial circuit, pursuant to subsection (3). Each alternative
1350 sanctions coordinator shall serve under the direction of the
1351 chief administrative judge of the juvenile division as directed
1352 by the chief judge of the circuit. The alternative sanctions
1353 coordinator shall act as the liaison between the judiciary,
1354 local department officials, district school board employees, and
1355 local law enforcement agencies. The alternative sanctions
1356 coordinator shall coordinate within the circuit community-based
1357 alternative sanctions, including nonsecure detention programs,
1358 community service projects, and other juvenile sanctions, in
1359 conjunction with the circuit plan implemented in accordance with
1360 s. 790.22(4)(c).
1361 Section 12. Section 984.10, Florida Statutes, is amended to
1362 read:
1363 984.10 Intake.—
1364 (1) Intake shall be performed by the department or the
1365 department’s authorized agent. A report or complaint alleging
1366 that a child is from a family in need of services shall be made
1367 to the intake office operating in the county in which the child
1368 is found or in which the case arose. Any person or agency,
1369 including, but not limited to, the parent, or legal guardian, or
1370 custodian, the local school district, a law enforcement agency,
1371 or the Department of Children and Families, having knowledge of
1372 the facts may make a report or complaint.
1373 (2) A representative of the department shall make a
1374 preliminary determination as to whether the report or complaint
1375 is complete. The criteria for the completeness of a report or
1376 complaint with respect to a child alleged to be from a family in
1377 need of services while subject to compulsory school attendance
1378 shall be governed by s. 984.03 s. 984.03(27). In any case in
1379 which the representative of the department finds that the report
1380 or complaint is incomplete, the representative of the department
1381 shall return the report or complaint without delay to the person
1382 or agency originating the report or complaint or having
1383 knowledge of the facts or to the appropriate law enforcement
1384 agency having investigative jurisdiction and request additional
1385 information in order to complete the report or complaint.
1386 (3) If the representative of the department determines that
1387 in his or her judgment the interests of the family, the child,
1388 and the public will be best served by providing the family and
1389 child services and treatment voluntarily accepted by the child
1390 and the parents, or legal guardians, or custodians, the
1391 department’s departmental representative may refer the family or
1392 child to an appropriate service and treatment provider. As part
1393 of the intake procedure, the department’s departmental
1394 representative shall inform the parent, or legal custodian
1395 guardian, or custodian, in writing, of the services currently
1396 and treatment available to the child and family by department
1397 providers and other or community agencies in the county in which
1398 the family is located, and the rights and responsibilities of
1399 the parent, or legal guardian, or custodian under this chapter.
1400 Upon admission, and depending on services, a staff member may be
1401 assigned to the family as deemed appropriate.
1402 (4) If the department reasonably believes has reasonable
1403 grounds to believe that the child has been abandoned, abused, or
1404 neglected, it shall proceed pursuant to the provisions of
1405 chapter 39 and report immediately to the central abuse hotline.
1406 Section 13. Section 984.11, Florida Statutes, is amended to
1407 read:
1408 984.11 Services to families in need of services.—
1409 (1) The department or its authorized agent shall provide an
1410 array of voluntary family services aimed at remediating school
1411 truancy, homelessness, and runaway and ungovernable behavior by
1412 children. Services and treatment to families in need of services
1413 shall be by voluntary agreement of the parent, or legal
1414 guardian, or custodian and the child or as directed by a court
1415 order pursuant to s. 984.22.
1416 (2) A family is not eligible to receive voluntary family
1417 services, if, at the time of the referral, the child is under
1418 court-ordered supervision by the department for delinquency
1419 under chapter 985 or by the Department of Children and Families
1420 due to a finding of dependency under chapter 39. A child who has
1421 received a prearrest delinquency citation, or is receiving
1422 delinquency diversion services, may receive voluntary family
1423 services.
1424 (3) If there is a pending investigation into an allegation
1425 of abuse, neglect or abandonment, the child may be eligible for
1426 voluntary family services if the Department of Children and
1427 Families agrees to the provision of services and makes a
1428 referral. An interagency agreement between the department and
1429 the Department of Children and Families shall govern this
1430 referral process, which is contingent on available funding. The
1431 department must notify the Department of Children and Families
1432 if a referral is declined.
1433 (4)(2) These services may include, but need not be limited
1434 to:
1435 (a) Homemaker or Parent aide services.
1436 (b) Intensive crisis counseling.
1437 (c) Parent training.
1438 (d) Individual, group, or family counseling.
1439 (e) Referral to community mental health services.
1440 (f) Prevention and diversion services.
1441 (g) Services provided by voluntary or community agencies.
1442 (h) Runaway center services.
1443 (i) Runaway shelter Housekeeper services.
1444 (j) Referral for special educational, tutorial, or remedial
1445 services.
1446 (k) Referral to vocational, career development job
1447 training, or employment services.
1448 (l) Recreational services.
1449 (m) Assessment.
1450 (n) Case management.
1451 (o) Referral for or provision of substance abuse assessment
1452 or treatment.
1453 (5)(3) The department shall advise the parents, or legal
1454 guardian, or custodian that they are responsible for
1455 contributing to the cost of the child or family services and
1456 treatment to the extent of their ability to pay. The parent is
1457 responsible for using health care insurance to the extent it is
1458 available for the provision of health services The department
1459 shall set and charge fees for services and treatment provided to
1460 clients. The department may employ a collection agency for the
1461 purpose of receiving, collecting, and managing the payment of
1462 unpaid and delinquent fees. The collection agency must be
1463 registered and in good standing under chapter 559. The
1464 department may pay to the collection agency a fee from the
1465 amount collected under the claim or may authorize the agency to
1466 deduct the fee from the amount collected.
1467 (4) The department may file a petition with the circuit
1468 court to enforce the collection of fees for services and
1469 treatment rendered to the child or the parent and other legal
1470 custodians.
1471 Section 14. Section 984.12, Florida Statutes, is amended to
1472 read:
1473 984.12 Case staffing; services and treatment related to a
1474 family in need of services.—
1475 (1) The appropriate representative of the department shall
1476 request a meeting of the family and child with a case staffing
1477 committee to review the case of any family or child who the
1478 department determines is in need of services or treatment if:
1479 (a) The family or child is not in agreement with the
1480 services or treatment offered;
1481 (b) The family or child will not participate in the
1482 services or treatment selected; or
1483 (c) The representative of the department needs assistance
1484 in developing an appropriate plan for services. The time and
1485 place selected for the meeting shall be convenient for the child
1486 and family.
1487 (2) The composition of the case staffing committee shall be
1488 based on the needs of the family and child. It shall include a
1489 representative from the child’s school district and a
1490 representative of the department of Juvenile Justice, and may
1491 include the department’s authorized agent and a supervisor of
1492 the department’s contracted provider; a representative from the
1493 area of health, mental health, substance abuse, or social, or
1494 educational services; a representative of the state attorney; a
1495 representative of law enforcement the alternative sanctions
1496 coordinator; and any person recommended by the child, family, or
1497 department. The child and the child’s parent, legal guardian, or
1498 custodian must be invited to attend the committee meeting.
1499 (3) The case staffing committee shall:
1500 (a) Identify the family’s concerns and contributing
1501 factors.
1502 (b) Request the family and child to identify their needs
1503 and concerns.
1504 (c) Seek input from the school district and any other
1505 persons in attendance with knowledge of the family or child’s
1506 situation and concerns.
1507 (d) Consider the voluntary family services or other
1508 community services that have been offered and the results of
1509 those services.
1510 (e) Identify whether truancy is a concern and evaluate
1511 compliance with the remedial strategies provided pursuant to s.
1512 1003.26.
1513 (f) Reach a timely decision to provide the child or family
1514 with needed services and recommend any appropriate and treatment
1515 through the development of a plan for services.
1516 (4) The plan for services shall contain the following:
1517 (a) Statement of the concerns problems.
1518 (b) Needs of the child.
1519 (c) Needs of the parents, legal guardian, or legal
1520 custodian.
1521 (d) Measurable objectives that address the identified
1522 problems and needs.
1523 (e) Services and treatment to be provided, to include:
1524 1. Type of services or treatment.
1525 2. Frequency of services or treatment.
1526 3. Location.
1527 4. Accountable service providers or staff.
1528 (f) Timeframes for achieving objectives.
1529 (5) Upon receipt of the plan, the child and family shall
1530 acknowledge their position by accepting or rejecting the
1531 services and provisions in writing. If the plan is accepted, it
1532 shall be implemented as soon as is practicable.
1533 (6) The assigned case manager shall have responsibility A
1534 case manager shall be designated by the case staffing committee
1535 to be responsible for implementing the plan. The department’s
1536 authorized agent case manager shall periodically review the
1537 progress towards achieving the objectives of the plan in order
1538 to:
1539 (a) Advise the case staffing committee of the need to make
1540 adjustments to the plan; or
1541 (b) Recommend a child in need of services petition be filed
1542 by the department; or
1543 (c)(b) Terminate the case as indicated by successful or
1544 substantial achievement of the objectives of the plan.
1545 (7) The parent, legal guardian, or legal custodian may
1546 convene a meeting of the case staffing committee, and any other
1547 member of the committee may convene a meeting if the member
1548 finds that doing so is in the best interest of the family or
1549 child. A case staffing committee meeting requested by a parent,
1550 guardian, or legal custodian must be convened within 7 days,
1551 excluding weekends and legal holidays, after the date the
1552 department’s representative receives the request in writing.
1553 (8) Any other member of the committee may convene a meeting
1554 if voluntary family services have been offered and the services
1555 have been rejected by the child or family, or the child has not
1556 made measurable progress toward achieving the service plan
1557 goals, and the member finds that doing so is in the best
1558 interest of the family or child.
1559 (9) A case staffing committee meeting must be convened
1560 within 30 days after the date the case is referred by the court
1561 pursuant to s. 984.151.
1562 (10)(8) Within 7 days after meeting, the case staffing
1563 committee shall provide the parent, legal guardian, or legal
1564 custodian with a written report that details the reasons for the
1565 committee’s decision to recommend, or decline to recommend, that
1566 the department file a petition alleging that the child is a
1567 child in need of services.
1568 (11) The case staffing committee may reconvene from time to
1569 time as may be necessary to make adjustments to the plan.
1570 Section 15. Section 984.13, Florida Statutes, is amended to
1571 read:
1572 984.13 Taking a child into custody a child alleged to be
1573 from a family in need of services or to be a child in need of
1574 services.—
1575 (1) A child may be taken into custody:
1576 (a) By a law enforcement officer when the officer
1577 reasonably believes has reasonable grounds to believe that the
1578 child has run away from his or her parents, legal guardian, or
1579 other legal custodian.
1580 (b) By a designated school representative pursuant to s.
1581 1003.26(3) or a law enforcement officer when the officer
1582 reasonably believes has reasonable grounds to believe that the
1583 child is absent from school without authorization or is
1584 suspended or expelled and is not in the presence of his or her
1585 parent, or legal guardian, or custodian, for the purpose of
1586 delivering the child without unreasonable delay to the
1587 appropriate school system site. For the purpose of this
1588 paragraph, “school system site” includes, but is not limited to,
1589 a center approved by the superintendent of schools for the
1590 purpose of counseling students and referring them back to the
1591 school system or an approved alternative to a suspension or
1592 expulsion program. If a student is suspended or expelled from
1593 school without assignment to an alternative school placement,
1594 the law enforcement officer or designated school representative
1595 pursuant to s. 1003.26(3) shall deliver the child to the parent,
1596 or legal guardian, or custodian, to a location determined by the
1597 parent, legal or guardian, or custodian, or to a designated
1598 truancy interdiction site until the parent or guardian can be
1599 located.
1600 (c) Pursuant to an order of the circuit court based upon
1601 sworn testimony before or after a child in need of services
1602 petition is filed under s. 984.15.
1603 (d) Pursuant to an order of the circuit court based upon a
1604 finding of contempt under this chapter for the purpose of
1605 delivering the child to a designated shelter facility.
1606 (e)(d) By a law enforcement officer when the child
1607 voluntarily agrees to or requests services pursuant to this
1608 chapter or placement in a shelter.
1609 (2) The person taking the child into custody shall:
1610 (a) Release the child to a parent, legal guardian, legal
1611 custodian, or responsible adult relative and make a full written
1612 report to the department’s authorized agent for families in need
1613 of services within 3 days after release or to a department
1614 approved family-in-need-of-services and child-in-need-of
1615 services provider if the person taking the child into custody
1616 reasonably believes has reasonable grounds to believe the child
1617 has run away from a parent, legal guardian, or legal custodian;
1618 is truant; or is ungovernable and beyond the control of the
1619 parent, guardian, or legal custodian; following such release,
1620 the person taking the child into custody shall make a full
1621 written report to the intake office of the department within 3
1622 days; or
1623 (b) Deliver the child to a shelter when: the department,
1624 stating the facts by reason of which the child was taken into
1625 custody and sufficient information to establish probable cause
1626 that the child is from a family in need of services.
1627 1. The parent, legal guardian, or custodian is unavailable
1628 to take immediate custody of the child;
1629 2. The child requested voluntary family services and
1630 shelter placement;
1631 3. A court order under this chapter for shelter placement
1632 has been issued; or
1633 4. The child and the parent, legal guardian, or custodian
1634 voluntarily agree the child is in need of temporary shelter
1635 placement and such placement is necessary to provide a safe
1636 place for the child to remain until the parents and child can
1637 agree on conditions for the child’s safe return home.
1638 (c) Deliver the child to a hospital for necessary
1639 evaluation and treatment if the child is reasonably believed to
1640 be suffering from a serious physical condition which requires
1641 either prompt diagnosis or treatment.
1642 (d) Deliver the child to a designated public receiving
1643 facility as defined in s. 394.455 for examination under s.
1644 394.463 if the child is reasonably believed to be mentally ill,
1645 including immediate threat of suicide as provided in s.
1646 394.463(1).
1647 (e) Deliver the child to a hospital, addictions receiving
1648 facility, or treatment resource if the child is reasonably
1649 believed to be intoxicated and has threatened, attempted, or
1650 inflicted physical harm on himself or herself or another, or is
1651 incapacitated by substance abuse.
1652 (3) If the child is taken into custody and by, or is
1653 delivered to a shelter, the department, the department’s
1654 authorized agent appropriate representative of the department
1655 shall review the facts and make such further inquiry as
1656 necessary to determine whether the child shall remain in
1657 shelter, receive voluntary family services that would allow the
1658 child alleged to be from a family in need of services to remain
1659 at home, custody or be released. Unless shelter is required as
1660 provided in s. 984.14(1), the department shall:
1661 (a) Release the child to his or her parent, guardian, or
1662 legal custodian, to a responsible adult relative, to a
1663 responsible adult approved by the department, or to a
1664 department-approved family-in-need-of-services and child-in
1665 need-of-services provider; or
1666 (b) Authorize temporary services and treatment that would
1667 allow the child alleged to be from a family in need of services
1668 to remain at home.
1669 Section 16. Section 984.14, Florida Statutes, is amended to
1670 read:
1671 984.14 Voluntary shelter services placement; hearing.—
1672 (1) Temporary voluntary shelter services provided by the
1673 department shall provide a safe environment with 24-hour care
1674 and supervision, referrals for services as needed, and education
1675 at the center or offsite and counseling services for children.
1676 Unless ordered by the court pursuant to the provisions of this
1677 chapter, or upon voluntary consent to placement by the child and
1678 the child’s parent, legal guardian, or custodian, a child taken
1679 into custody shall not be placed in a shelter prior to a court
1680 hearing unless a determination has been made that the provision
1681 of appropriate and available services will not eliminate the
1682 need for placement and that such placement is required:
1683 (a) To provide an opportunity for the child and family to
1684 agree upon conditions for the child’s return home, when
1685 immediate placement in the home would result in a substantial
1686 likelihood that the child and family would not reach an
1687 agreement; or
1688 (b) Because a parent, custodian, or guardian is unavailable
1689 to take immediate custody of the child.
1690 (2) If a child is sheltered due to being a runaway, or a
1691 parent, legal guardian, or custodian is unavailable, the shelter
1692 shall immediately attempt to make contact with the parent, legal
1693 guardian, or custodian to advise the family of the child’s
1694 whereabouts, determine whether the child can safely return home,
1695 or determine whether the family is seeking temporary voluntary
1696 shelter services until they can arrange to take the child home.
1697 If the parent, legal guardian, or custodian cannot be located
1698 within 24 hours, the Department of Children and Families shall
1699 be contacted to assume custody of the child If the department
1700 determines that placement in a shelter is necessary according to
1701 the provisions of subsection (1), the departmental
1702 representative shall authorize placement of the child in a
1703 shelter provided by the community specifically for runaways and
1704 troubled youth who are children in need of services or members
1705 of families in need of services and shall immediately notify the
1706 parents or legal custodians that the child was taken into
1707 custody.
1708 (3) A child who is involuntarily placed in a shelter shall
1709 be given a shelter hearing within 24 hours after being taken
1710 into custody to determine whether shelter placement is required.
1711 The shelter petition filed with the court shall address each
1712 condition required to be determined in subsection (1).
1713 (4) A child may not be held involuntarily in a shelter
1714 longer than 24 hours unless an order so directing is made by the
1715 court after a shelter hearing finding that placement in a
1716 shelter is necessary based on the criteria in subsection (1) and
1717 that the department has made reasonable efforts to prevent or
1718 eliminate the need for removal of the child from the home.
1719 (5) Except as provided under s. 984.225, a child in need of
1720 services or a child from a family in need of services may not be
1721 placed in a shelter for longer than 35 days.
1722 (6) When any child is placed in a shelter pursuant to court
1723 order following a shelter hearing, the court shall order the
1724 natural or adoptive parents of such child, the natural father of
1725 such child born out of wedlock who has acknowledged his
1726 paternity in writing before the court, or the guardian of such
1727 child’s estate, if possessed of assets which under law may be
1728 disbursed for the care, support, and maintenance of the child,
1729 to pay, to the department, fees as established by the
1730 department. When the order affects the guardianship estate, a
1731 certified copy of the order shall be delivered to the judge
1732 having jurisdiction of the guardianship estate.
1733 (7) A child who is adjudicated a child in need of services
1734 or alleged to be from a family in need of services or a child in
1735 need of services may not be placed in a secure detention
1736 facility or jail or any other commitment program for delinquent
1737 children under any circumstances.
1738 (8) The court may order the placement of a child in need of
1739 services into a staff-secure facility for no longer than 5 days
1740 for the purpose of evaluation and assessment.
1741 Section 17. Section 984.15, Florida Statutes, is amended to
1742 read:
1743 984.15 Petition for a child in need of services.—
1744 (1) All proceedings seeking an adjudication that a child is
1745 a child in need of services shall be initiated by the filing of
1746 a petition by an attorney representing the department or by the
1747 child’s parent, legal guardian, or legal custodian. If a child
1748 in need of services has been placed in a shelter pursuant to s.
1749 984.14, the department shall file the petition immediately,
1750 including in the petition notice of arraignment pursuant to s.
1751 984.20.
1752 (2)(a) The department shall file a petition for a child in
1753 need of services if the child meets the definition of a child in
1754 need of services, and the case manager or staffing committee
1755 recommends requests that a petition be filed and:
1756 1. The family and child have in good faith, but
1757 unsuccessfully, used the services and process described in ss.
1758 984.11 and 984.12; or
1759 2. The family or child have refused all services described
1760 in ss. 984.11 and 984.12 after reasonable efforts by the
1761 department to involve the family and child in voluntary family
1762 services and treatment.
1763 (b) Once the requirements in paragraph (a) have been met,
1764 the department shall file a petition for a child in need of
1765 services as soon as practicable within 45 days.
1766 (c) The petition shall be in writing, shall state the
1767 specific grounds under s. 984.03(9) by which the child is
1768 designated a child in need of services, and shall certify that
1769 the conditions prescribed in paragraph (a) have been met. The
1770 petition shall be signed by the petitioner under oath stating
1771 good faith in filing the petition and shall be signed by an
1772 attorney for the department.
1773 (3)(a) The parent, legal guardian, or legal custodian may
1774 file a petition alleging that a child is a child in need of
1775 services if:
1776 1. The department waives the requirement for a case
1777 staffing committee.
1778 2. The department fails to convene a meeting of the case
1779 staffing committee within 7 days, excluding weekends and legal
1780 holidays, after receiving a written request for such a meeting
1781 from the child’s parent, legal guardian, or legal custodian.
1782 3. The parent, legal guardian, or legal custodian does not
1783 agree with the plan for services offered by the case staffing
1784 committee.
1785 4. The department fails to provide a written report within
1786 7 days after the case staffing committee meets, as required
1787 under s. 984.12(10) s. 984.12(8).
1788 (b) The parent, legal guardian, or legal custodian must
1789 give the department prior written notice of intent to file the
1790 petition. If, at the arraignment hearing, the court finds that
1791 such written notice of intent to file the petition was not
1792 provided to the department, the court shall dismiss the
1793 petition, postpone the hearing until such written notice is
1794 given, or, if the department agrees, proceed with the
1795 arraignment hearing. The petition must be served on the
1796 department’s office of general counsel.
1797 (c) The petition must be in writing and must set forth
1798 specific facts alleging that the child is a child in need of
1799 services as defined in s. 984.03(9). The petition must also
1800 demonstrate that the parent, legal guardian, or legal custodian
1801 has in good faith, but unsuccessfully, participated in the
1802 services and processes described in ss. 984.11 and 984.12.
1803 (4)(d) The petition must be signed by the petitioner under
1804 oath.
1805 (5)(e) The court, on its own motion or the motion of any
1806 party or the department, shall determine the legal sufficiency
1807 of a petition filed under this subsection and may dismiss any
1808 petition that lacks sufficient grounds. In addition, the court
1809 shall verify that the child is not:
1810 (a)1. The subject of a pending investigation into an
1811 allegation or suspicion of abuse, neglect, or abandonment;
1812 (b)2. The subject of a pending petition referral alleging
1813 that the child is delinquent; or
1814 (c)3. Under the current supervision of the department or
1815 the Department of Children and Families for an adjudication or
1816 withholding of adjudication of delinquency or dependency.
1817 (6)(4) The form of the petition and any additional contents
1818 shall be determined by rules of procedure adopted by the Supreme
1819 Court.
1820 (7)(5) The petitioner department or the parent, guardian,
1821 or legal custodian may withdraw a petition at any time before
1822 prior to the child is being adjudicated a child in need of
1823 services.
1824 Section 18. Section 984.151, Florida Statutes, is amended
1825 to read:
1826 984.151 Early truancy intervention; truancy petition;
1827 judgment prosecution; disposition.—
1828 (1) If the school determines that a student subject to
1829 compulsory school attendance has had at least five unexcused
1830 absences, or absences for which the reasons are unknown, within
1831 a calendar month or 10 unexcused absences, or absences for which
1832 the reasons are unknown, within a 90-calendar-day period
1833 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
1834 absences in a 90-calendar-day period, the superintendent of
1835 schools or his or her designee may file a truancy petition
1836 seeking early truancy intervention.
1837 (2) The petition shall be filed in the circuit in which the
1838 student is enrolled in school.
1839 (3) Original jurisdiction to hear a truancy petition shall
1840 be in the circuit court; however, the circuit court may use a
1841 general or special magistrate master pursuant to Supreme Court
1842 rules. Upon the filing of the petition, the clerk shall issue a
1843 summons to the parent, legal guardian, or legal custodian of the
1844 student, directing that person and the student to appear for a
1845 hearing at a time and place specified.
1846 (4) The petition must contain the following: the name, age,
1847 and address of the student; the name and address of the
1848 student’s parent or guardian; the school where the student is
1849 enrolled; the efforts the school has made to get the student to
1850 attend school in compliance with s. 1003.26; the number of out
1851 of-school contacts between the school system and student’s
1852 parent or guardian; and the number of days and dates of days the
1853 student has missed school. The petition shall be sworn to by the
1854 superintendent or his or her designee.
1855 (5) Once the petition is filed, the court shall hear the
1856 petition within 30 days.
1857 (6) The student and the student’s parent or guardian shall
1858 attend the hearing.
1859 (7) If the court determines that the student did miss any
1860 of the alleged days, the court shall enter an order finding the
1861 child to be a truant status offender and the court shall order
1862 the student to attend school and order the parent, legal
1863 guardian, or custodian to ensure that the student attends
1864 school. The court’s power under this subsection is limited to
1865 entering orders to require the student to attend school and
1866 require the student and family to participate in services to
1867 encourage regular school attendance. The court, and may order
1868 any of the following services:
1869 (a) The student to participate in alternative sanctions to
1870 include mandatory attendance at alternative classes; to be
1871 followed by mandatory community services hours for a period up
1872 to 6 months; the student and
1873 (b) The student’s parent, legal or guardian, or custodian
1874 to participate in parenting classes homemaker or parent aide
1875 services;
1876 (c) The student or the student’s parent, legal or guardian
1877 or custodian to participate in individual, group, or family
1878 intensive crisis counseling;
1879 (d) The student or the student’s parent, legal or guardian
1880 or custodian to participate in community mental health services
1881 or substance abuse treatment services if available and
1882 applicable;
1883 (e) The student and the student’s parent, legal or
1884 guardian, or custodian to participate in services service
1885 provided by state or community voluntary or community agencies,
1886 if appropriate as available, including services for families in
1887 need of services as provided in s. 984.11;
1888 (f) The student and the student’s parent, legal guardian,
1889 or custodian to attend meetings with school officials to address
1890 the child’s educational needs, classroom assignment, class
1891 schedule, and other barriers to school attendance identified by
1892 the child’s school, the child or his or her family;
1893 (g) The student and the student’s parent, legal guardian,
1894 or custodian to engage in learning activities provided by the
1895 school board as to why education is important and the potential
1896 impact on the child’s future employment and education options if
1897 the attendance problem persists; or
1898 (h) and The student or the student’s parent, legal or
1899 guardian, or custodian to participate in vocational or, job
1900 training, or employment services.
1901 (8) If the student does not substantially comply with
1902 compulsory school attendance and court-ordered services required
1903 under successfully complete the sanctions ordered in subsection
1904 (7), and the child meets the definition of a child in need of
1905 services, the case shall be referred by the court to the
1906 department’s authorized agent for review by the case staffing
1907 committee under s. 984.12 with a recommendation to file a
1908 petition for child in need of services child-in-need-of-services
1909 petition under s. 984.15. The court shall review the case not
1910 less than every 45 days to determine whether the child is in
1911 substantial compliance with compulsory education or if the case
1912 should be referred to the case staffing committee in accord with
1913 this subsection.
1914 (9) If the student substantially complies with compulsory
1915 school attendance the court shall close the truancy case.
1916 (10) If the child is adjudicated a child in need of
1917 services pursuant to s. 984.21, the truancy case shall be closed
1918 and jurisdiction relinquished in accordance with s. 984.04.
1919 (11) The court may retain jurisdiction of any case in which
1920 the child is noncompliant with compulsory education and the
1921 child does not meet the definition of a child in need of
1922 services under this chapter until jurisdiction lapses pursuant
1923 to s. 984.04.
1924 (12) The court may not order a child placed in shelter
1925 pursuant to this section unless the court has found the child to
1926 be in contempt for violation of a court order under s. 984.09.
1927 (13)(9) The parent, legal guardian, or legal custodian and
1928 the student shall participate, as required by court order, in
1929 any sanctions or services required by the court under this
1930 section, and the court shall enforce such participation through
1931 its contempt power.
1932 (14) Any truant student that meets the definition of a
1933 child in need of services and who has been found in contempt for
1934 violation of a court order under s. 984.09 two or more times
1935 shall be referred to the case staffing committee under s. 984.12
1936 with a recommendation to file a petition for a child in need of
1937 services.
1938 (15) The clerk of court must serve any court order
1939 referring the case to voluntary family services or the case
1940 staffing committee to the department’s office of general counsel
1941 and to the department’s authorized agent.
1942 Section 19. Subsections (3) and (5) of section 984.16,
1943 Florida Statutes, are amended, and subsection (11) is added to
1944 that section, to read:
1945 984.16 Process and service for child in need of services
1946 petitions.—
1947 (3) The summons shall require the person on whom it is
1948 served to appear for a hearing at a time, and place, and manner
1949 specified. Except in cases of medical emergency, the time shall
1950 not be less than 24 hours after service of the summons. The
1951 summons must may require the custodian to bring the child to
1952 court if the court determines that the child’s presence is
1953 necessary. A copy of the petition shall be attached to the
1954 summons.
1955 (5) The jurisdiction of the court shall attach to the child
1956 and the parent, legal guardian, or custodian, or legal guardian
1957 of the child and the case when the summons is served upon the
1958 child or a parent, or legal guardian, or actual custodian of the
1959 child; or when the child is taken into custody with or without
1960 service of summons and after filing of a petition for a child in
1961 need of services; or when a party personally appears before the
1962 court whichever occurs first, and thereafter the court may
1963 control the child and case in accordance with this chapter.
1964 (11) If a court takes action that directly involves a
1965 student’s school, including, but not limited to, an order that a
1966 student attend school, attend school with his or her parent,
1967 requiring the parent to participate in meetings, including
1968 parent-teacher conferences, Section 504 plan meetings or
1969 individualized education plan meetings to address the student’s
1970 disability, the office of the clerk of the court shall provide
1971 notice to the school of the court’s order.
1972 Section 20. Section 984.17, Florida Statutes, is amended to
1973 read:
1974 984.17 Response to petition and representation of parties.—
1975 (1) At the time a child in need of services petition is
1976 filed, the court may appoint a guardian ad litem for the child.
1977 (2) No answer to the petition or any other pleading need be
1978 filed by any child, parent, or legal guardian, or custodian, but
1979 any matters which might be set forth in an answer or other
1980 pleading may be pleaded orally before the court or filed in
1981 writing as any such person may choose. Notwithstanding the
1982 filing of an answer or any pleading, the child and or parent,
1983 legal guardian, or custodian shall, before prior to an
1984 adjudicatory hearing, be advised by the court of the right to
1985 counsel.
1986 (3) When a petition for a child in need of services has
1987 been filed and the parents, legal guardian, or legal custodian
1988 of the child and the child have advised the department that the
1989 truth of the allegations is acknowledged and that no contest is
1990 to be made of the adjudication, the attorney representing the
1991 department may set the case before the court for a disposition
1992 hearing. If there is a change in the plea at this hearing, the
1993 court shall continue the hearing to permit the attorney
1994 representing the department to prepare and present the case.
1995 (4) An attorney representing the department shall represent
1996 the state in any proceeding in which the petition alleges that a
1997 child is a child in need of services and in which a party denies
1998 the allegations of the petition and contests the adjudication.
1999 Section 21. Section 984.18, Florida Statutes, is repealed.
2000 Section 22. Section 984.19, Florida Statutes, is amended to
2001 read:
2002 984.19 Medical screening and treatment of child;
2003 examination of parent, legal guardian, or person requesting
2004 custody.—
2005 (1) When any child is to be placed in shelter care, the
2006 department or its authorized agent may is authorized to have a
2007 medical screening provided for performed on the child without
2008 authorization from the court and without consent from a parent,
2009 legal or guardian, or custodian. Such medical screening shall be
2010 provided performed by a licensed health care professional and
2011 shall be to screen examine the child for injury, illness, and
2012 communicable diseases. In no case does this subsection authorize
2013 the department to consent to medical treatment for such
2014 children.
2015 (2) When the department has performed the medical screening
2016 authorized by subsection (1) or when it is otherwise determined
2017 by a licensed health care professional that a child is in need
2018 of medical treatment, consent for medical treatment shall be
2019 obtained in the following manner:
2020 (a)1. Consent to medical treatment shall be obtained from a
2021 parent, legal or guardian, or custodian of the child; or
2022 2. A court order for such treatment shall be obtained.
2023 (b) If a parent, legal or guardian, or custodian of the
2024 child is unavailable and his or her whereabouts cannot be
2025 reasonably ascertained, and it is after normal working hours so
2026 that a court order cannot reasonably be obtained, an authorized
2027 agent of the department or its provider has the authority to
2028 consent to necessary medical treatment for the child. The
2029 authority of the department to consent to medical treatment in
2030 this circumstance is limited to the time reasonably necessary to
2031 obtain court authorization.
2032 (c) If a parent, legal or guardian, or custodian of the
2033 child is available but refuses to consent to the necessary
2034 treatment, a court order is required, unless the situation meets
2035 the definition of an emergency in s. 743.064 or the treatment
2036 needed is related to suspected abuse or neglect of the child by
2037 the parent or guardian. In such case, the department’s
2038 authorized agent may department has the authority to consent to
2039 necessary medical treatment. This authority is limited to the
2040 time reasonably necessary to obtain court authorization.
2041
2042 In no case may the department consent to sterilization,
2043 abortion, or termination of life support.
2044 (3) A judge may order that a child alleged to be or
2045 adjudicated a child in need of services be examined by a
2046 licensed health care professional. The judge may also order such
2047 child to be evaluated by a psychiatrist or a psychologist, by a
2048 district school board educational needs assessment team, or, if
2049 a developmental disability is suspected or alleged, by the
2050 developmental disability diagnostic and evaluation team of the
2051 Department of Children and Families or Agency for Persons with
2052 Disabilities. The judge may order a family assessment if that
2053 assessment was not completed at an earlier time. If it is
2054 necessary to place a child in a residential facility for such
2055 evaluation, then the criteria and procedure established in s.
2056 394.463(2) or chapter 393 shall be used, whichever is
2057 applicable. The educational needs assessment provided by the
2058 district school board educational needs assessment team shall
2059 include, but not be limited to, reports of intelligence and
2060 achievement tests, screening for learning disabilities and other
2061 handicaps, and screening for the need for alternative education
2062 pursuant to s. 1003.53.
2063 (4) A judge may order that a child alleged to be or
2064 adjudicated a child in need of services be treated by a licensed
2065 health care professional. The judge may also order such child to
2066 receive mental health or intellectual disability services from a
2067 psychiatrist, psychologist, or other appropriate service
2068 provider. If it is necessary to place the child in a residential
2069 facility for such services, the procedures and criteria
2070 established in s. 394.467 or chapter 393 shall be used, as
2071 applicable. A child may be provided services in emergency
2072 situations pursuant to the procedures and criteria contained in
2073 s. 394.463(1) or chapter 393, as applicable.
2074 (5) When there are indications of physical injury or
2075 illness, a licensed health care professional shall be
2076 immediately contacted called or the child shall be taken to the
2077 nearest available hospital for emergency care.
2078 (6) Except as otherwise provided herein, nothing in this
2079 section does not shall be deemed to eliminate the right of a
2080 parent, legal a guardian, or custodian, or the child to consent
2081 to examination or treatment for the child.
2082 (7) Except as otherwise provided herein, nothing in this
2083 section does not shall be deemed to alter the provisions of s.
2084 743.064.
2085 (8) A court may order shall not be precluded from ordering
2086 services or treatment to be provided to the child by a duly
2087 accredited practitioner who relies solely on spiritual means for
2088 healing in accordance with the tenets and practices of a church
2089 or religious organization, when required by the child’s health
2090 and when requested by the child.
2091 (9) Nothing in This section does not shall be construed to
2092 authorize the permanent sterilization of the child, unless such
2093 sterilization is the result of or incidental to medically
2094 necessary treatment to protect or preserve the life of the
2095 child.
2096 (10) For the purpose of obtaining an evaluation or
2097 examination or receiving treatment as authorized pursuant to
2098 this section, no child alleged to be or found to be a child from
2099 a family in need of services or a child in need of services
2100 shall be placed in a detention facility or other program used
2101 primarily for the care and custody of children alleged or found
2102 to have committed delinquent acts.
2103 (11) The parents, legal guardian, or custodian guardian of
2104 a child alleged to be or adjudicated a child in need of services
2105 remain financially responsible for the cost of medical treatment
2106 provided to the child even if one or both of the parents or if
2107 the legal guardian, or custodian did not consent to the medical
2108 treatment. After a hearing, the court may order the parents,
2109 legal or guardian, or custodian, if found able to do so, to
2110 reimburse the department or other provider of medical services
2111 for treatment provided.
2112 (12) A judge may order a child under its jurisdiction to
2113 submit to substance abuse evaluation, testing, and treatment in
2114 accordance with s. 397.706 Nothing in this section alters the
2115 authority of the department to consent to medical treatment for
2116 a child who has been committed to the department pursuant to s.
2117 984.22(3) and of whom the department has become the legal
2118 custodian.
2119 (13) At any time after the filing of a petition for a child
2120 in need of services, when the mental or physical condition,
2121 including the blood group, of a parent, guardian, or other
2122 person requesting custody of a child is in controversy, the
2123 court may order the person to submit to a physical or mental
2124 examination by a qualified professional. The order may be made
2125 only upon good cause shown and pursuant to notice and procedures
2126 as set forth by the Florida Rules of Juvenile Procedure.
2127 Section 23. Section 984.20, Florida Statutes, is amended to
2128 read:
2129 984.20 Hearings for child in need of services child-in
2130 need-of-services cases.—
2131 (1) ARRAIGNMENT HEARING.—
2132 (a) The clerk shall set a date for an arraignment hearing
2133 within a reasonable time after the date of the filing of the
2134 child in need of services petition. The court shall advise the
2135 child and the parent, legal guardian, or custodian of the right
2136 to counsel as provided in s. 984.07. When a child has been taken
2137 into custody by order of the court, an arraignment hearing shall
2138 be held within 7 days after the date the child is taken into
2139 custody. The hearing shall be held for the child and the parent,
2140 legal guardian, or custodian to admit, deny, or consent to
2141 findings that a child is in need of services as alleged in the
2142 petition. If the child and the parent, legal guardian, or
2143 custodian admit or consent to the findings in the petition, the
2144 court shall adjudicate the child a child in need of services and
2145 proceed as set forth in the Florida Rules of Juvenile Procedure.
2146 However, if either the child or the parent, legal guardian, or
2147 custodian denies any of the allegations of the petition, the
2148 court shall hold an adjudicatory hearing within a reasonable
2149 time after the date of the arraignment hearing 7 days after the
2150 date of the arraignment hearing.
2151 (b) The court may grant a continuance of the arraignment
2152 hearing When a child is in the custody of the parent, guardian,
2153 or custodian, upon the filing of a petition, the clerk shall set
2154 a date for an arraignment hearing within a reasonable time from
2155 the date of the filing of the petition. if the child or and the
2156 parent, legal guardian, or custodian request a continuance to
2157 obtain an attorney. The case shall be rescheduled for an
2158 arraignment hearing within a reasonable period of time to allow
2159 for consultation admit or consent to an adjudication, the court
2160 shall proceed as set forth in the Florida Rules of Juvenile
2161 Procedure. However, if either the child or the parent, guardian,
2162 or custodian denies any of the allegations of child in need of
2163 services, the court shall hold an adjudicatory hearing within a
2164 reasonable time from the date of the arraignment hearing.
2165 (c) If at the arraignment hearing the child and the parent,
2166 legal guardian, or custodian consents or admits to the
2167 allegations in the petition and the court determines that the
2168 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
2169 the court shall proceed to hold a disposition hearing at the
2170 earliest practicable time that will allow for the completion of
2171 a predisposition study.
2172 (d) Failure of a person served with notice to appear at the
2173 arraignment hearing constitutes the person’s consent to the
2174 adjudication of the child as a child in need of services. The
2175 document containing the notice to respond or appear must
2176 contain, in type as large as the balance of the document, the
2177 following or substantially similar language:
2178
2179 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
2180 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
2181 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
2182 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
2183 CHILD INTO SHELTER.
2184
2185 If a person appears for the arraignment hearing and the court
2186 orders that person to appear, either physically or through
2187 audio-video communication technology, at the adjudicatory
2188 hearing for the child in need of services case, stating the
2189 date, time, place, and, if applicable, the instructions for
2190 appearance through audio-video communication technology, of the
2191 adjudicatory hearing, that person’s failure to appear for the
2192 scheduled adjudicatory hearing constitutes consent to
2193 adjudication of the child as a child in need of services.
2194 (2) ADJUDICATORY HEARING.—
2195 (a) The adjudicatory hearing shall be held as soon as
2196 practicable after the petition for a child in need of services
2197 is filed and in accordance with the Florida Rules of Juvenile
2198 Procedure, but reasonable delay for the purpose of
2199 investigation, discovery, or procuring counsel or witnesses
2200 shall, whenever practicable, be granted. If the child is in
2201 custody, the adjudicatory hearing shall be held within 14 days
2202 after the date the child was taken into custody.
2203 (b) Adjudicatory hearings shall be conducted by the judge
2204 without a jury, applying the rules of evidence in use in civil
2205 cases and adjourning the hearings from time to time as
2206 necessary. In an adjudicatory a hearing on a petition in which
2207 it is alleged that the child is a child in need of services, a
2208 preponderance of evidence shall be required to establish that
2209 the child is in need of services. If the court finds the
2210 allegations are proven by a preponderance of evidence and the
2211 child is a child in need of services, the court shall enter an
2212 order of adjudication.
2213 (c) All hearings, except as hereinafter provided, shall be
2214 open to the public, and no person shall be excluded therefrom
2215 except on special order of the judge who, in his or her
2216 discretion, may close any hearing to the public when the public
2217 interest or the welfare of the child, in his or her opinion, is
2218 best served by so doing. Hearings involving more than one child
2219 may be held simultaneously when the several children involved
2220 are related to each other or were involved in the same case. The
2221 child and the parent, legal guardian, or custodian of the child
2222 may be examined separately and apart from each other.
2223 (3) DISPOSITION HEARING.—
2224 (a) At the disposition hearing, if the court finds that the
2225 facts alleged in the petition of a child in need of services
2226 were proven in the adjudicatory hearing, the court shall receive
2227 and consider a predisposition study, which shall be in writing
2228 and be presented by an authorized agent of the department or its
2229 provider.
2230 (a) The predisposition study shall cover:
2231 1. All treatment and services that the parent, legal
2232 guardian, or custodian and child received.
2233 2. The love, affection, and other emotional ties existing
2234 between the family parents and the child.
2235 3. The capacity and disposition of the parents, legal
2236 guardian, or custodian to provide the child with food, clothing,
2237 medical care or other remedial care recognized and permitted
2238 under the laws of this state in lieu of medical care, and other
2239 material needs.
2240 4. The length of time that the child has lived in a stable,
2241 satisfactory environment and the desirability of maintaining
2242 continuity.
2243 5. The permanence, as a family unit, of the existing or
2244 proposed custodial home.
2245 6. The moral fitness of the parents, legal guardian, or
2246 custodian.
2247 7. The mental and physical health of the family.
2248 8. The home, school, and community record of the child.
2249 9. The reasonable preference of the child, if the court
2250 deems the child to be of sufficient intelligence, understanding,
2251 and experience to express a preference.
2252 10. Any other factor considered by the court to be
2253 relevant.
2254 (b) The predisposition study also shall provide the court
2255 with documentation regarding:
2256 1. The availability of appropriate prevention, services,
2257 and treatment for the parent, legal guardian, custodian, and
2258 child to prevent the removal of the child from the home or to
2259 reunify the child with the parent, legal guardian, or custodian
2260 after removal or to reconcile the problems between the family
2261 parent, guardian, or custodian and the child.;
2262 2. The inappropriateness of other prevention, treatment,
2263 and services that were available.;
2264 3. The efforts by the department to prevent shelter out-of
2265 home placement of the child or, when applicable, to reunify the
2266 parent, legal guardian, or custodian if appropriate services
2267 were available.;
2268 4. Whether voluntary family the services were provided.;
2269 5. If the voluntary family services and treatment were
2270 provided, whether they were sufficient to meet the needs of the
2271 child and the family and to enable the child to remain at home
2272 or to be returned home.;
2273 6. If the voluntary family services and treatment were not
2274 provided, the reasons for such lack of provision.; and
2275 7. The need for, or appropriateness of, continuing such
2276 treatment and services if the child remains in the custody of
2277 the parent, legal guardian, or custodian or if the child is
2278 placed outside the home.
2279 (c) If placement of the child with anyone other than the
2280 child’s parent, guardian, or custodian is being considered, the
2281 study shall include the designation of a specific length of time
2282 as to when custody by the parent, guardian, or custodian shall
2283 be reconsidered.
2284 (d) A copy of this predisposition study shall be furnished
2285 to the person having custody of the child at the time such
2286 person is notified of the disposition hearing.
2287 (e) After review of the predisposition study and other
2288 relevant materials, the court shall hear from the parties and
2289 consider all recommendations for court-ordered services,
2290 evaluations, treatment and required actions designed to remedy
2291 the child’s truancy, ungovernable behavior, or running away. The
2292 court shall enter an order of disposition.
2293
2294 Any other relevant and material evidence, including other
2295 written or oral reports, may be received by the court in its
2296 effort to determine the action to be taken with regard to the
2297 child and may be relied upon to the extent of its probative
2298 value, even though not competent in an adjudicatory hearing.
2299 Except as provided in paragraph (2)(c), nothing in this section
2300 does not shall prohibit the publication of proceedings in a
2301 hearing.
2302 (4) REVIEW HEARINGS.—
2303 (a) The court shall hold a review hearing within 45 days
2304 after the disposition hearing. Additional review hearings may be
2305 held as necessary, allowing sufficient time for the child and
2306 family to work toward compliance with the court orders and
2307 monitoring by the case manager. No longer than 90 days may
2308 elapse between judicial review hearings but no less than 45 days
2309 after the date of the last review hearing.
2310 (b) The parent, legal guardian, or custodian and the child
2311 shall be noticed to appear for the review hearing. The
2312 department must appear at the review hearing. If the parent,
2313 legal guardian, or custodian does not appear at a review
2314 hearing, or if the court finds good cause to waive the child’s
2315 presence, the court may proceed with the hearing and enter
2316 orders that affect the child and family accordingly.
2317 (c)(b) At the review hearings, the court shall consider the
2318 department’s judicial review summary. The court shall close the
2319 case if the child has substantially complied with the case plans
2320 and court orders and no longer requires continued court
2321 supervision, subject to the case being reopened. Upon request of
2322 the petitioner, the court may close the case and relinquish
2323 jurisdiction. If the child has significantly failed to comply
2324 with the case plan or court orders, the child shall continue to
2325 be a child in need of services and reviewed by the court as
2326 needed. At review hearings, the court may enter further orders
2327 to adjust the services case plan to address the family needs and
2328 compliance with court orders, including, but not limited to,
2329 ordering the child placed in shelter, but no less than 45 days
2330 after the date of the last review hearing.
2331 Section 24. Section 984.21, Florida Statutes, is amended to
2332 read:
2333 984.21 Orders of adjudication.—
2334 (2)(1) If the court finds that the child named in a
2335 petition is not a child in need of services, it shall enter an
2336 order so finding and dismiss dismissing the case.
2337 (2) If the court finds that the child named in the petition
2338 is a child in need of services, but finds that no action other
2339 than supervision in the home is required, it may enter an order
2340 briefly stating the facts upon which its finding is based, but
2341 withholding an order of adjudication and placing the child and
2342 family under the supervision of the department. If the court
2343 later finds that the parent, guardian, or custodian of the child
2344 have not complied with the conditions of supervision imposed,
2345 the court may, after a hearing to establish the noncompliance,
2346 but without further evidence of the state of the child in need
2347 of services, enter an order of adjudication and shall thereafter
2348 have full authority under this chapter to provide for the child
2349 as adjudicated.
2350 (3) If the court finds by a preponderance of evidence that
2351 the child named in a petition is a child in need of services,
2352 but elects not to proceed under subsection (2), it shall
2353 incorporate that finding in an order of adjudication entered in
2354 the case, briefly stating the facts upon which the finding is
2355 made, and the court shall thereafter have full authority under
2356 this chapter to provide for the child as adjudicated.
2357 (1)(4) An order of adjudication by a court that a child is
2358 a child in need of services is a civil adjudication, and is
2359 services shall not be deemed a conviction, nor shall the child
2360 be deemed to have been found guilty or to be a delinquent or
2361 criminal by reason of that adjudication, nor shall that
2362 adjudication operate to impose upon the child any of the civil
2363 disabilities ordinarily imposed by or resulting from conviction
2364 or disqualify or prejudice the child in any civil service
2365 application or appointment.
2366 Section 25. Section 984.22, Florida Statutes, is amended to
2367 read:
2368 984.22 Powers of disposition.—
2369 (1) If the court finds that services and treatment have not
2370 been provided or used utilized by a child or family, the court
2371 having jurisdiction of the child in need of services shall have
2372 the power to direct the least intrusive and least restrictive
2373 disposition, as follows:
2374 (a) Order the parent, legal guardian, or custodian and the
2375 child to participate in treatment, services, and any other
2376 alternative identified as necessary.
2377 (b) Order the parent, legal guardian, or custodian to pay a
2378 fine or fee based on the recommendations of the department.
2379 (2) When any child is adjudicated by the court to be a
2380 child in need of services, the court having jurisdiction of the
2381 child and parent, legal guardian, or custodian shall have the
2382 power, by order, to:
2383 (a) Place the child under the supervision of the
2384 department’s authorized agent contracted provider of programs
2385 and services for children in need of services and families in
2386 need of services. The term “supervision,” for the purposes of
2387 this section, means services as defined by the contract between
2388 the department and the provider.
2389 (b) Place the child in the temporary legal custody of an
2390 adult willing to care for the child.
2391 (c) Commit the child to a licensed child-caring agency
2392 willing to receive the child and to provide services without
2393 compensation from the department.
2394 (d) Order the child, and, if the court finds it
2395 appropriate, the parent, legal guardian, or custodian of the
2396 child, to render community service in a public service program.
2397 (e) Order the child placed in shelter pursuant to s.
2398 984.225 or s. 984.226.
2399 (3) When any child is adjudicated by the court to be a
2400 child in need of services and temporary legal custody of the
2401 child has been placed with an adult willing to care for the
2402 child, or a licensed child-caring agency, the Department of
2403 Juvenile Justice, or the Department of Children and Families,
2404 the court shall order the natural or adoptive parents of such
2405 child, including the natural father of such child born out of
2406 wedlock who has acknowledged his paternity in writing before the
2407 court, or the guardian of such child’s estate if possessed of
2408 assets which under law may be disbursed for the care, support,
2409 and maintenance of such child, to pay child support to the adult
2410 relative caring for the child, the licensed child-caring agency,
2411 the department of Juvenile Justice, or the Department of
2412 Children and Families. When such order affects the guardianship
2413 estate, a certified copy of such order shall be delivered to the
2414 judge having jurisdiction of such guardianship estate. If the
2415 court determines that the parent is unable to pay support,
2416 placement of the child shall not be contingent upon issuance of
2417 a support order. The department may employ a collection agency
2418 to receive, collect, and manage for the purpose of receiving,
2419 collecting, and managing the payment of unpaid and delinquent
2420 fees. The collection agency must be registered and in good
2421 standing under chapter 559. The department may pay to the
2422 collection agency a fee from the amount collected under the
2423 claim or may authorize the agency to deduct the fee from the
2424 amount collected.
2425 (4) All payments of fees made to the department under this
2426 chapter, or child support payments made to the department
2427 pursuant to subsection (3), shall be deposited in the General
2428 Revenue Fund.
2429 (4)(5) In carrying out the provisions of this chapter, the
2430 court shall order the child, family, parent, legal guardian, or
2431 custodian of a child who is found to be a child in need of
2432 services to participate in family counseling and other
2433 professional counseling activities or other alternatives deemed
2434 necessary to address the needs for the rehabilitation of the
2435 child and family.
2436 (5)(6) The participation and cooperation of the family,
2437 parent, legal guardian, or custodian, and the child with court
2438 ordered services, treatment, or community service are mandatory,
2439 not merely voluntary. The court may use its contempt powers to
2440 enforce its orders order.
2441 Section 26. Section 984.225, Florida Statutes, is amended
2442 to read:
2443 984.225 Powers of disposition; placement in a staff-secure
2444 shelter.—
2445 (1) Subject to specific legislative appropriation, The
2446 court may order that a child adjudicated as a child in need of
2447 services be placed in shelter to enforce the court’s orders, to
2448 ensure the child attends school, to ensure the child receives
2449 needed counseling, and to ensure the child adheres to a service
2450 plan. While a child is in a shelter, the child shall receive
2451 education commensurate with his or her grade level and
2452 educational ability. The department, or the department’s
2453 authorized agent, must verify to the court that a shelter bed is
2454 available for the child. If the department or the department’s
2455 authorized agent verifies that a bed is not available, the
2456 department shall place the child’s name on a waiting list. The
2457 child who has been on the waiting list the longest shall get the
2458 next available bed. for up to 90 days in a staff-secure shelter
2459 if:
2460 (2) The court shall order the parent, legal guardian, or
2461 custodian to cooperate with reunification efforts and
2462 participate in counseling. If a parent, legal guardian, or
2463 custodian prefers to arrange counseling or other services with a
2464 private provider in lieu of using services provided by the
2465 department, the family shall pay all costs associated with those
2466 services.
2467 (3) Placement of a child under this section is designed to
2468 provide residential care on a temporary basis. Such placement
2469 does not abrogate the legal responsibilities of the parent,
2470 legal guardian, or custodian with respect to the child, except
2471 to the extent that those responsibilities are temporarily
2472 altered by court order.
2473 (a) The court may order any child adjudicated a child in
2474 need of services to be placed in shelter for up to 35 days.
2475 (b) After other alternative, less restrictive, remedies
2476 have been exhausted, the child may be placed in shelter for up
2477 to 90 days if:
2478 1.(a) The child’s parent, legal guardian, or legal
2479 custodian refuses to provide food, clothing, shelter, and
2480 necessary parental support for the child and the refusal is a
2481 direct result of an established pattern of significant
2482 disruptive behavior of the child in the home of the parent,
2483 legal guardian, or legal custodian;
2484 2.(b) The child refuses to remain under the reasonable care
2485 and custody of the his or her parent, legal guardian, or legal
2486 custodian, as evidenced by repeatedly running away and failing
2487 to comply with a court order; or
2488 3.(c) The child has failed to successfully complete an
2489 alternative treatment program or to comply with a court-ordered
2490 services sanction and the child has been placed in a shelter
2491 residential program on at least one prior occasion pursuant to a
2492 court order after the child has been adjudicated a child in need
2493 of services under this chapter.
2494 (4) The court shall review the child’s 90-day shelter
2495 placement within 45 days after the child’s placement and
2496 determine whether continued shelter is deemed necessary. The
2497 court shall also determine whether the parent, legal guardian,
2498 or custodian has reasonably participated in the child’s
2499 counseling and treatment program, and is following the
2500 recommendations of the program to work toward reunification. The
2501 court shall also determine whether the department’s
2502 reunification efforts have been reasonable. If the court finds
2503 an inadequate level of support or participation by the parent,
2504 legal guardian, or custodian before the end of the shelter
2505 commitment period, the court shall direct that the child be
2506 handled in every respect as a dependent child. Jurisdiction
2507 shall be transferred to the Department of Children and Families,
2508 and the child’s care shall be governed under the relevant
2509 provisions of chapter 39. The department shall notify and
2510 coordinate with the Department of Children and Families for the
2511 transfer of jurisdiction. The clerk of court shall serve the
2512 Department of Children and Families with any court order of
2513 referral.
2514 (2) This section applies after other alternative, less
2515 restrictive remedies have been exhausted. The court may order
2516 that a child be placed in a staff-secure shelter. The
2517 department, or an authorized representative of the department,
2518 must verify to the court that a bed is available for the child.
2519 If the department or an authorized representative of the
2520 department verifies that a bed is not available, the department
2521 will place the child’s name on a waiting list. The child who has
2522 been on the waiting list the longest will get the next available
2523 bed.
2524 (3) The court shall order the parent, guardian, or legal
2525 custodian to cooperate with efforts to reunite the child with
2526 the family, participate in counseling, and pay all costs
2527 associated with the care and counseling provided to the child
2528 and family, in accordance with the family’s ability to pay as
2529 determined by the court. Commitment of a child under this
2530 section is designed to provide residential care on a temporary
2531 basis. Such commitment does not abrogate the legal
2532 responsibilities of the parent, guardian, or legal custodian
2533 with respect to the child, except to the extent that those
2534 responsibilities are temporarily altered by court order.
2535 (4) While a child is in a staff-secure shelter, the child
2536 shall receive education commensurate with his or her grade level
2537 and educational ability.
2538 (5) If a child has not been reunited with his or her
2539 parent, legal guardian, or legal custodian at the expiration of
2540 the 90-day commitment period, the court may order that the child
2541 remain in the staff-secure shelter for an additional 30 days if
2542 the court finds that reunification could be achieved within that
2543 period.
2544 (6) The department is deemed to have exhausted the
2545 reasonable remedies offered under this chapter if, at the end of
2546 the 90-day shelter commitment period, the parent, legal
2547 guardian, or legal custodian continues to refuse to allow the
2548 child to remain at home or creates unreasonable conditions for
2549 the child’s return. If, at the end of the 90-day shelter
2550 commitment period, the child is not reunited with his or her
2551 parent, legal guardian, or custodian due solely to the continued
2552 refusal of the parent, legal guardian, or custodian to provide
2553 food, clothing, shelter, and parental support, the child is
2554 considered to be threatened with harm as a result of such acts
2555 or omissions, and the court shall direct that the child be
2556 handled in every respect as a dependent child. Jurisdiction
2557 shall be transferred to the custody of the Department of
2558 Children and Families, and the child’s care shall be governed
2559 under the relevant provisions of chapter 39. The department
2560 shall coordinate with the Department of Children and Families as
2561 provided in s. 984.086. The clerk of court shall serve the
2562 Department of Children and Families with any court order of
2563 referral.
2564 (7) The court shall review the child’s commitment once
2565 every 45 days as provided in s. 984.20. The court shall
2566 determine whether the parent, guardian, or custodian has
2567 reasonably participated in and financially contributed to the
2568 child’s counseling and treatment program. The court shall also
2569 determine whether the department’s efforts to reunite the family
2570 have been reasonable. If the court finds an inadequate level of
2571 support or participation by the parent, guardian, or custodian
2572 prior to the end of the commitment period, the court shall
2573 direct that the child be handled in every respect as a dependent
2574 child. Jurisdiction shall be transferred to the Department of
2575 Children and Families, and the child’s care shall be governed
2576 under the relevant provisions of chapter 39.
2577 (6)(8) If the child requires residential mental health
2578 treatment or residential care for a developmental disability,
2579 the court shall order refer the child transferred to the custody
2580 of the Agency for Persons with Disabilities or to the Department
2581 of Children and Families for the provision of necessary
2582 services. The clerk of court shall serve the Agency for Persons
2583 with Disabilities or the Department of Children and Families
2584 with any court order of referral.
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 that the child
2665 be handled as a dependent child, jurisdiction shall be
2666 transferred to the Department of Children and Families, and the
2667 child’s care shall be governed by chapter 39. The department
2668 shall notify and coordinate with the Department of Children and
2669 Families for provision of services to the child. The clerk of
2670 court shall serve the Department of Children and Families with
2671 any court order of referral.
2672 (e) If the child requires long-term residential mental
2673 health treatment or residential care for a developmental
2674 disability, the court shall transfer custody of refer the child
2675 to the Department of Children and Families or the Agency for
2676 Persons with Disabilities for the provision of necessary
2677 services. The clerk of court shall serve the Agency for Persons
2678 with Disabilities or the Department of Children and Families
2679 with any court order of referral.
2680 (5)(6) Prior to being ordered to a physically secure
2681 shelter setting, the child must be afforded all rights of due
2682 process required under s. 984.07 985.037.
2683 (6) While in the physically secure shelter setting, the
2684 child shall receive appropriate assessment, intervention,
2685 treatment, and educational services that are designed to
2686 eliminate or reduce the child’s truant, ungovernable, or runaway
2687 behavior. The child and family shall be provided with individual
2688 and family counseling and other support services necessary for
2689 reunification.
2690 (7) The court shall order the parent, legal guardian, or
2691 legal custodian to cooperate with efforts to reunite the child
2692 with the family, participate in counseling, and pay all costs
2693 associated with the care and counseling provided to the child
2694 and family, in accordance with the child’s insurance and the
2695 family’s ability to pay as determined by the court. Placement of
2696 a child under this section is designed to provide residential
2697 care on a temporary basis. Such placement does not abrogate the
2698 legal responsibilities of the parent, legal guardian, or legal
2699 custodian with respect to the child, except to the extent that
2700 those responsibilities are temporarily altered by court order.
2701 Section 28. Section 985.731, Florida Statutes, is
2702 transferred and renumbered as section 787.035, Florida Statutes.
2703 Section 29. Subsection (9) of section 985.03, Florida
2704 Statutes, is amended to read:
2705 985.03 Definitions.—As used in this chapter, the term:
2706 (9) “Child who has been found to have committed a
2707 delinquent act” means a child who, under this chapter, is found
2708 by a court to have committed a violation of law or to be in
2709 direct or indirect contempt of court, except that this
2710 definition does not include an act constituting contempt of
2711 court arising out of a dependency proceeding under chapter 39 or
2712 chapter 984 or a proceeding concerning a child or family in need
2713 of services.
2714 Section 30. Subsection (4) of section 985.24, Florida
2715 Statutes, is amended to read:
2716 985.24 Use of detention; prohibitions.—
2717 (4) A child who is alleged to be dependent under chapter
2718 39, or any child subject to proceedings under chapter 984, but
2719 who is not alleged to have committed a delinquent act or
2720 violation of law, may not, under any circumstances, be placed
2721 into secure detention care.
2722 Section 31. Section 1003.26, Florida Statutes, is amended
2723 to read:
2724 1003.26 Enforcement of school attendance.—The Legislature
2725 finds that poor academic performance is associated with
2726 nonattendance and that school districts must take an active role
2727 in promoting and enforcing attendance as a means of improving
2728 student performance. It is the policy of the state that each
2729 district school superintendent be responsible for enforcing
2730 school attendance of all students subject to the compulsory
2731 school age in the school district and supporting enforcement of
2732 school attendance by local law enforcement agencies. The
2733 responsibility includes recommending policies and procedures to
2734 the district school board that require public schools to respond
2735 in a timely manner to every unexcused absence, and every absence
2736 for which the reason is unknown, of students enrolled in the
2737 schools. District school board policies shall require the parent
2738 of a student to justify each absence of the student, and that
2739 justification will be evaluated based on adopted district school
2740 board policies that define excused and unexcused absences. The
2741 policies must provide that public schools track excused and
2742 unexcused absences and contact the home in the case of an
2743 unexcused absence from school, or an absence from school for
2744 which the reason is unknown, to prevent the development of
2745 patterns of nonattendance. The Legislature finds that early
2746 intervention in school attendance is the most effective way of
2747 producing good attendance habits that will lead to improved
2748 student learning and achievement. Each public school is required
2749 to shall implement the following steps to promote and enforce
2750 regular school attendance:
2751 (1) CONTACT, REFER, AND ENFORCE.—
2752 (a) Upon each unexcused absence, or absence for which the
2753 reason is unknown, the school principal or his or her designee
2754 must shall contact the student’s parent to determine the reason
2755 for the absence. If the absence is an excused absence, as
2756 defined by district school board policy, the school shall
2757 provide opportunities for the student to make up assigned work
2758 and not receive an academic penalty unless the work is not made
2759 up within a reasonable time.
2760 (b) If a student has had at least five unexcused absences,
2761 or absences for which the reasons are unknown, within a calendar
2762 month or 10 unexcused absences, or absences for which the
2763 reasons are unknown, within a 90-calendar-day period, the
2764 student’s primary teacher must shall report to the school
2765 principal or his or her designee that the student may be
2766 exhibiting a pattern of nonattendance. The principal shall,
2767 Unless there is clear evidence that the absences are not a
2768 pattern of nonattendance, the principal must refer the case to
2769 the school’s child study team to determine if early patterns of
2770 truancy are developing. If the child study team finds that a
2771 pattern of nonattendance is developing, whether the absences are
2772 excused or not, a meeting with the parent must be scheduled to
2773 identify potential remedies, and the principal must shall notify
2774 the district school superintendent and the school district
2775 contact for home education programs that the referred student is
2776 exhibiting a pattern of nonattendance. The child study team may
2777 allow the parent to attend the meeting virtually or by telephone
2778 if the parent is unable to attend the meeting in person.
2779 (c) If the parent or child fails to attend the child study
2780 team meeting, the meeting shall be held in his or her absence,
2781 and the child study team shall make written recommendations to
2782 remediate the truancy based upon the information available to
2783 the school. The recommendations shall be provided to the parent
2784 within 7 days after the child study team meeting. If the an
2785 initial meeting does not resolve the problem, the child study
2786 team shall implement the following:
2787 1. Frequent attempts at communication between the teacher
2788 and the family.
2789 2. Attempt to determine the reasons the child is truant
2790 from school and provide remedies if available or refer the
2791 family to services, including referring the family for available
2792 scholarship options if the learning environment is an issue of
2793 concern.
2794 3.2. Evaluation for alternative education programs.
2795 4.3. Attendance contracts.
2796
2797 The child study team may, but is not required to, implement
2798 other interventions, including referral to the Department of
2799 Juvenile Justice’s designated provider for voluntary family
2800 services, or to other agencies for family services or recommend
2801 recommendation for filing a truancy petition pursuant to s.
2802 984.151.
2803 (d) The child study team must shall be diligent in
2804 facilitating intervention services and shall report the case to
2805 the district school superintendent only when all reasonable
2806 efforts to resolve the nonattendance behavior are exhausted.
2807 (e) If the parent refuses to participate in the remedial
2808 strategies because he or she believes that those strategies are
2809 unnecessary or inappropriate, the parent may appeal to the
2810 district school board. The district school board may provide a
2811 hearing officer, and the hearing officer shall make a
2812 recommendation for final action to the district school board. If
2813 the district school board’s final determination is that the
2814 strategies of the child study team are appropriate, and the
2815 parent still refuses to participate or cooperate, the district
2816 school superintendent may seek criminal prosecution for
2817 noncompliance with compulsory school attendance.
2818 (f)1. If the parent of a child who has been identified as
2819 exhibiting a pattern of nonattendance enrolls the child in a
2820 home education program pursuant to chapter 1002, the district
2821 school superintendent shall provide the parent a copy of s.
2822 1002.41 and the accountability requirements of this paragraph.
2823 The district school superintendent shall also refer the parent
2824 to a home education review committee composed of the district
2825 contact for home education programs and at least two home
2826 educators selected by the parent from a district list of all
2827 home educators who have conducted a home education program for
2828 at least 3 years and who have indicated a willingness to serve
2829 on the committee. The home education review committee shall
2830 review the portfolio of the student, as defined by s. 1002.41,
2831 every 30 days during the district’s regular school terms until
2832 the committee is satisfied that the home education program is in
2833 compliance with s. 1002.41(1)(d). The first portfolio review
2834 must occur within the first 30 calendar days after of the
2835 establishment of the program. The provisions of subparagraph 2.
2836 do not apply once the committee determines the home education
2837 program is in compliance with s. 1002.41(1)(d).
2838 2. If the parent fails to provide a portfolio to the
2839 committee, the committee shall notify the district school
2840 superintendent. The district school superintendent shall then
2841 terminate the home education program and require the parent to
2842 enroll the child in an attendance option that meets the
2843 definition of the term “regular school attendance” under s.
2844 1003.01(16)(a), (b), (c), or (e), within 3 days. Upon
2845 termination of a home education program pursuant to this
2846 subparagraph, the parent shall not be eligible to reenroll the
2847 child in a home education program for 180 calendar days. Failure
2848 of a parent to enroll the child in an attendance option as
2849 required by this subparagraph after termination of the home
2850 education program pursuant to this subparagraph shall constitute
2851 noncompliance with the compulsory attendance requirements of s.
2852 1003.21 and may result in criminal prosecution under s.
2853 1003.27(2). Nothing contained herein shall restrict the ability
2854 of the district school superintendent, or the ability of his or
2855 her designee, to review the portfolio pursuant to s.
2856 1002.41(1)(e).
2857 (g) If a student subject to compulsory school attendance
2858 will not comply with attempts to enforce school attendance, the
2859 parent or the district school superintendent or his or her
2860 designee must shall refer the case to the Department of Juvenile
2861 Justice’s authorized agent, which shall then offer voluntary
2862 family services, and schedule a meeting of the case staffing
2863 committee pursuant to s. 984.12 if the services do not remediate
2864 the child’s truancy, and the district school superintendent or
2865 his or her designee may file a truancy petition pursuant to the
2866 procedures in s. 984.151.
2867 (h) If a student subject to compulsory school attendance is
2868 responsive to the interventions described in this section and
2869 has completed the necessary requirements to pass the current
2870 grade as indicated in the district pupil progression plan, the
2871 student may not be determined to be a habitual truant and shall
2872 be promoted.
2873 (2) GIVE WRITTEN NOTICE.—
2874 (a) Under the direction of the district school
2875 superintendent, a designated school representative must provide
2876 shall give written notice in person or by return-receipt mail to
2877 the parent, requiring the child’s that requires enrollment or
2878 attendance within 3 days after the date of notice, in person or
2879 by return-receipt mail, to the parent when no valid reason is
2880 found for a student’s nonenrollment in school if the child is
2881 under compulsory education requirements, and is not exempt. If
2882 the child is not enrolled or in attendance in school within 3
2883 days after the notice being provided and requirement are
2884 ignored, the designated school representative must shall report
2885 the case to the district school superintendent, who must may
2886 refer the case to the child study team in paragraph (1)(b) at
2887 the school the student would be assigned according to district
2888 school board attendance area policies. In addition, the
2889 designated school representative may refer the case to the
2890 Department of Juvenile Justice’s authorized agent for families
2891 in need of services or to the case staffing committee,
2892 established pursuant to s. 984.12. The child study team must
2893 shall diligently facilitate intervention services and shall
2894 report the case back to the district school superintendent
2895 within 15 days after referral of the case if only when all
2896 reasonable efforts to resolve the nonenrollment behavior have
2897 been made and the child is still not attending school are
2898 exhausted. If the parent still refuses to cooperate or enroll
2899 the child in school within 15 days after referral of the case to
2900 the child study team, the district school superintendent must
2901 make a report to law enforcement and refer the case to the
2902 Office of the State Attorney shall take such steps as are
2903 necessary to bring criminal prosecution against the parent.
2904 (b) Subsequent to referring the case to the Office of the
2905 State Attorney the activities required under subsection (1), the
2906 district school superintendent or his or her designee must shall
2907 give written notice in person or by return-receipt mail to the
2908 parent that criminal prosecution is being sought for
2909 nonattendance. The district school superintendent may file a
2910 truancy petition, as defined in s. 984.03, following the
2911 procedures outlined in s. 984.151.
2912 (3) RETURN STUDENT TO PARENT.— A designated school
2913 representative may visit the home or place of residence of a
2914 student and any other place in which he or she is likely to find
2915 any student who is required to attend school when the student is
2916 not enrolled or is absent from school during school hours
2917 without an excuse, and, when the student is found, shall return
2918 the student to his or her parent or to the principal or teacher
2919 in charge of the school, or to the private tutor from whom
2920 absent. If the parent cannot be located or is unavailable to
2921 take custody of the child, and the child is not to be presented
2922 to the child’s school or tutor, the youth shall be referred to
2923 the Department of Juvenile Justice’s shelter, to another
2924 facility, or to the juvenile assessment center or other location
2925 established by the district school board to receive students who
2926 are absent from school. Upon receipt of the student, the parent
2927 shall be immediately notified.
2928 (4) REPORT TO APPROPRIATE AUTHORITY.—A designated school
2929 representative shall report to the appropriate authority
2930 designated by law to receive such notices, all violations of the
2931 Child Labor Law that may come to his or her knowledge.
2932 (5) RIGHT TO INSPECT.—A designated school representative
2933 shall have the right of access to, and inspection of,
2934 establishments where minors may be employed or detained only for
2935 the purpose of ascertaining whether students of compulsory
2936 school age are actually employed there and are actually working
2937 there regularly. The designated school representative shall, if
2938 he or she finds unsatisfactory working conditions or violations
2939 of the Child Labor Law, report his or her findings to the
2940 appropriate authority.
2941 Section 32. Subsections (2), (3), (4), (6), and (7) of
2942 section 1003.27, Florida Statutes, are amended to read:
2943 1003.27 Court procedure and penalties.—The court procedure
2944 and penalties for the enforcement of the provisions of this
2945 part, relating to compulsory school attendance, shall be as
2946 follows:
2947 (2) NONENROLLMENT AND NONATTENDANCE CASES.—
2948 (a) In each case of nonenrollment or of nonattendance upon
2949 the part of a student who is required to attend some school,
2950 when no valid reason for such nonenrollment or nonattendance is
2951 found, The district school superintendent shall institute a
2952 criminal prosecution against the student’s parent, in each case
2953 of nonenrollment or of nonattendance of a student who is
2954 required to attend school, when no valid reason for the
2955 nonenrollment or nonattendance is found. However, Criminal
2956 prosecution may not be instituted against the student’s parent
2957 until the school and school district have complied with s.
2958 1003.26.
2959 (b) Each public school principal or the principal’s
2960 designee must shall notify the district school board of each
2961 minor student under its jurisdiction who accumulates 15
2962 unexcused absences in a period of 90 calendar days. Reports
2963 shall be made to the district school board at the end of each
2964 school quarter. The calculation of 15 absences within 90 days
2965 are determined based on calendar days and are not limited to the
2966 span of one school quarter during which the nonattendance begins
2967 or ends. The district school board shall verify the schools
2968 reporting 15 or more unexcused absences within a 90-day period
2969 have complied with the requirements of remediating truancy at
2970 the school level or pursuing appropriate court intervention as
2971 provided in this section. Any school not meeting the
2972 requirements in this paragraph shall provide a remedial action
2973 plan to the school board within 30 days, and follow up within 90
2974 days to confirm all truancy cases have been addressed either
2975 through the child’s enrollment and regular attendance or
2976 referral of the case to the appropriate court or agency to
2977 pursue court intervention.
2978 (c) The district school superintendent must provide the
2979 Department of Highway Safety and Motor Vehicles the legal name,
2980 sex, date of birth, and social security number of each minor
2981 student who has been reported under this paragraph and who fails
2982 to otherwise satisfy the requirements of s. 322.091. The
2983 Department of Highway Safety and Motor Vehicles may not issue a
2984 driver license or learner’s driver license to, and shall suspend
2985 any previously issued driver license or learner’s driver license
2986 of, any such minor student, pursuant to the provisions of s.
2987 322.091.
2988 (d)(c) Each designee of the governing body of each private
2989 school and each parent whose child is enrolled in a home
2990 education program or personalized education program may provide
2991 the Department of Highway Safety and Motor Vehicles with the
2992 legal name, sex, date of birth, and social security number of
2993 each minor student under his or her jurisdiction who fails to
2994 satisfy relevant attendance requirements and who fails to
2995 otherwise satisfy the requirements of s. 322.091. The Department
2996 of Highway Safety and Motor Vehicles may not issue a driver
2997 license or learner’s driver license to, and shall suspend any
2998 previously issued driver license or learner’s driver license of,
2999 any such minor student pursuant to s. 322.091.
3000 (3) HABITUAL TRUANCY CASES.— The district school
3001 superintendent may is authorized to file a truancy petition
3002 seeking early truancy intervention, as defined in s. 984.03,
3003 following the procedures outlined in s. 984.151. If the district
3004 school superintendent chooses not to file a truancy petition,
3005 the case must be referred to the Department of Juvenile
3006 Justice’s authorized agent for families in need of services. The
3007 procedures for filing a child in need of services child-in-need
3008 of-services petition must shall be commenced pursuant to this
3009 subsection and chapter 984 if voluntary family services do not
3010 remediate the child’s truancy. The. In accordance with
3011 procedures established by the district school board, the
3012 designated school representative must shall refer a student who
3013 is a habitual habitually truant and the student’s family to the
3014 Department of Juvenile Justice’s designated children in need of
3015 services provider for provision of voluntary services, and may
3016 refer the case to children-in-need-of-services and families-in
3017 need-of-services provider or the case staffing committee,
3018 established pursuant to s. 984.12, following the referral
3019 process established by the cooperative interagency agreement as
3020 determined by the cooperative agreement required in this
3021 section. The case staffing committee may request the Department
3022 of Juvenile Justice or its designee to file a petition for child
3023 in need of services child-in-need-of-services petition based
3024 upon the report and efforts of the district school board or
3025 other community agency, and early truancy intervention by the
3026 circuit court, after review and an initial meeting, or may seek
3027 to resolve the truant behavior through the school or community
3028 based organizations or other state or local agencies. Prior to
3029 and subsequent to the filing of a child-in-need-of-services
3030 petition for a child in need of services due to habitual
3031 truancy, the appropriate governmental agencies must allow a
3032 reasonable time to complete actions required by this section and
3033 ss. 984.11 and s. 1003.26 to remedy the conditions leading to
3034 the truant behavior. Prior to the filing of a petition, the
3035 district school board must have complied with the requirements
3036 of s. 1003.26, and those efforts must have been unsuccessful.
3037 (4) COOPERATIVE AGREEMENTS.—The circuit manager of the
3038 Department of Juvenile Justice’s authorized agent Justice or his
3039 or her designee, the circuit manager’s designee, the district
3040 administrator of the Department of Children and Families or the
3041 district administrator’s designee, and the district school
3042 superintendent or his or her the superintendent’s designee must
3043 develop a cooperative interagency agreement that:
3044 (a) Clearly defines each department’s role, responsibility,
3045 and function in working with habitual truants and their
3046 families.
3047 (b) Identifies and implements measures to quickly resolve
3048 and reduce truant behavior.
3049 (c) Addresses issues of streamlining service delivery, the
3050 appropriateness of legal intervention, case management, the role
3051 and responsibility of the case staffing committee, student and
3052 parental intervention and involvement, and community action
3053 plans.
3054 (d) Delineates timeframes for implementation and identifies
3055 a mechanism for reporting results by the Department of Juvenile
3056 Justice or its authorized agent circuit juvenile justice manager
3057 or the circuit manager’s designee and the district school
3058 superintendent or the superintendent’s designee to the
3059 Department of Juvenile Justice and the Department of Education
3060 and other governmental entities as needed.
3061 (e) Designates which agency is responsible for each of the
3062 intervention steps in this section, to yield more effective and
3063 efficient intervention services.
3064 (6) PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN.
3065 Proceedings or prosecutions under this chapter may be commenced
3066 by the district school superintendent or his or her designee, by
3067 a designated school representative, by the probation officer of
3068 the county, by the executive officer of any court of competent
3069 jurisdiction, by an officer of any court of competent
3070 jurisdiction, or by a duly authorized agent of the Department of
3071 Education or the Department of Juvenile Justice, by a parent, or
3072 in the case of a criminal prosecution, by the Office of the
3073 State Attorney. If a proceeding has been commenced against both
3074 a parent and a child pursuant to this chapter, the presiding
3075 courts shall make every effort to coordinate services or
3076 sanctions against the child and parent, including ordering the
3077 child and parent to perform community service hours or attend
3078 counseling together.
3079 (7) PENALTIES.—The penalties for refusing or failing to
3080 comply with this chapter shall be as follows:
3081 (a) The parent.—
3082 1. A parent who refuses or fails to have a minor student
3083 who is under his or her control attend school regularly, or who
3084 refuses or fails to comply with the requirements in subsection
3085 (3), commits a misdemeanor of the second degree, punishable as
3086 provided in s. 775.082 or s. 775.083.
3087 2. The continued or habitual absence of a minor student
3088 without the consent of the principal or teacher in charge of the
3089 school he or she attends or should attend, or of the tutor who
3090 instructs or should instruct him or her, is prima facie evidence
3091 of a violation of this chapter; however, a showing that the
3092 parent has made a bona fide and diligent effort to control and
3093 keep the student in school shall be an affirmative defense to
3094 any criminal or other liability under this subsection and the
3095 court shall refer the parent and child for counseling, guidance,
3096 or other needed services.
3097 3. In addition to any other sanctions authorized under s.
3098 984.151 punishment, the court shall order a parent who has
3099 violated this section to send the minor student to school, and
3100 may also order the parent to participate in an approved parent
3101 training class, attend school with the student unless this would
3102 cause undue hardship or is prohibited by rules or policy of the
3103 school board, perform community service hours at the school, or
3104 participate in counseling or other services, as appropriate. If
3105 a parent is ordered to attend school with a student, the school
3106 shall provide for programming to educate the parent and student
3107 on the importance of school attendance. It shall be unlawful to
3108 terminate any employee solely because he or she is attending
3109 school with his or her child pursuant to a court order.
3110 (b) The principal or teacher.—A principal or teacher in any
3111 public, parochial, religious, denominational, or private school,
3112 or a private tutor who willfully violates any provision of this
3113 chapter may, upon satisfactory proof of such violation, have his
3114 or her certificate revoked by the Department of Education.
3115 (c) The employer.—
3116 1. An employer who fails to notify the district school
3117 superintendent when he or she ceases to employ a student commits
3118 a misdemeanor of the second degree, punishable as provided in s.
3119 775.082 or s. 775.083.
3120 2. An employer who terminates any employee solely because
3121 he or she is attending school with a student pursuant to court
3122 order commits a misdemeanor of the second degree, punishable as
3123 provided in s. 775.082 or s. 775.083.
3124 (d) The student.—
3125 1. In addition to any other sanctions authorized under s.
3126 984.151 sanctions, the court shall order a student found to be a
3127 habitual truant to make up all school work missed and attend
3128 school daily with no unexcused absences or tardiness, and may
3129 order the child to and may order the student to pay a civil
3130 penalty of up to $2, based on the student’s ability to pay, for
3131 each day of school missed, perform up to 25 community service
3132 hours at the school, or participate in counseling or other
3133 services, as appropriate.
3134 2. Upon a second or subsequent finding that a student is a
3135 habitual truant, the court, in addition to any other authorized
3136 sanctions, shall order the student to make up all school work
3137 missed and may order the student to pay a civil penalty of up to
3138 $5, based on the student’s ability to pay, for each day of
3139 school missed, perform up to 50 community service hours at the
3140 school, or participate in counseling or other services, as
3141 appropriate.
3142 Section 33. Paragraph (g) is added to subsection (7) of
3143 section 381.02035, Florida Statutes, to read:
3144 381.02035 Canadian Prescription Drug Importation Program.—
3145 (7) ELIGIBLE IMPORTERS.—The following entities may import
3146 prescription drugs from an eligible Canadian supplier under the
3147 program:
3148 (g) A pharmacist or wholesaler employed by or under
3149 contract with the Department of Juvenile Justice, for dispensing
3150 to juveniles in the custody of the Department of Juvenile
3151 Justice.
3152 Section 34. Paragraph (a) of subsection (5) of section
3153 790.22, Florida Statutes, is amended to read:
3154 790.22 Use of BB guns, air or gas-operated guns, or
3155 electric weapons or devices by minor under 16; limitation;
3156 possession of firearms by minor under 18 prohibited; penalties.—
3157 (5)(a) A minor who violates subsection (3):
3158 1. For a first offense, commits a misdemeanor of the first
3159 degree; shall serve a period of detention of up to 5 days in a
3160 secure detention facility, with credit for time served in secure
3161 detention prior to disposition; and shall be required to perform
3162 100 hours of community service or paid work as determined by the
3163 department.
3164 2. For a second or subsequent offense, commits a felony of
3165 the third degree. For a second offense, the minor shall serve a
3166 period of detention of up to 21 days in a secure detention
3167 facility, with credit for time served in secure detention prior
3168 to disposition, and shall be required to perform not less than
3169 100 nor more than 250 hours of community service or paid work as
3170 determined by the department. For a third or subsequent offense,
3171 the minor shall be adjudicated delinquent and committed to a
3172 residential program. A finding by a court that a minor committed
3173 a violation of this section, regardless of whether the court
3174 adjudicates the minor delinquent or withholds adjudication of
3175 delinquency, withhold of adjudication of delinquency shall be
3176 considered a prior offense for the purpose of determining a
3177 second, third, or subsequent offense.
3178
3179 For the purposes of this subsection, community service shall be
3180 performed, if possible, in a manner involving a hospital
3181 emergency room or other medical environment that deals on a
3182 regular basis with trauma patients and gunshot wounds.
3183 Section 35. Paragraph (a) of subsection (2) of section
3184 985.12, Florida Statutes, is amended to read:
3185 985.12 Prearrest delinquency citation programs.—
3186 (2) JUDICIAL CIRCUIT DELINQUENCY CITATION PROGRAM
3187 DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
3188 (a) A prearrest delinquency citation program for
3189 misdemeanor offenses shall be established in each judicial
3190 circuit in the state. The state attorney and public defender of
3191 each circuit, the clerk of the court for each county in the
3192 circuit, and representatives of participating law enforcement
3193 agencies in the circuit shall create a prearrest delinquency
3194 citation program and develop its policies and procedures. In
3195 developing the program’s policies and procedures, input from
3196 other interested stakeholders may be solicited. The department
3197 shall annually develop and provide guidelines on best practice
3198 models for prearrest delinquency citation programs to the
3199 judicial circuits as a resource.
3200 Section 36. Subsection (5) of section 985.126, Florida
3201 Statutes, is amended to read:
3202 985.126 Prearrest and postarrest diversion programs; data
3203 collection; denial of participation or expunged record.—
3204 (5) The department shall provide a quarterly report to be
3205 published on its website and distributed to the Governor,
3206 President of the Senate, and Speaker of the House of
3207 Representatives listing the entities that use prearrest
3208 delinquency citations for less than 80 70 percent of first-time
3209 misdemeanor offenses.
3210 Section 37. Paragraph (c) of subsection (1) of section
3211 985.25, Florida Statutes, is amended to read:
3212 985.25 Detention intake.—
3213 (1) The department shall receive custody of a child who has
3214 been taken into custody from the law enforcement agency or court
3215 and shall review the facts in the law enforcement report or
3216 probable cause affidavit and make such further inquiry as may be
3217 necessary to determine whether detention care is appropriate.
3218 (c) If the final score on the child’s risk assessment
3219 instrument indicates detention care is appropriate, but the
3220 department otherwise determines the child should be released,
3221 the department shall contact the state attorney, who may
3222 authorize release. If the final score on the child’s risk
3223 assessment instrument indicates release or supervised release is
3224 appropriate, but the department otherwise determines that there
3225 should be supervised release or detention, the department shall
3226 contact the state attorney, who may authorize an upward
3227 departure. Notwithstanding any other provision of this
3228 paragraph, a child may only be moved one category in either
3229 direction within the risk assessment instrument and release is
3230 not authorized if it would cause the child to be moved more than
3231 one category.
3232
3233 Under no circumstances shall the department or the state
3234 attorney or law enforcement officer authorize the detention of
3235 any child in a jail or other facility intended or used for the
3236 detention of adults, without an order of the court.
3237 Section 38. Paragraph (c) of subsection (7) of section
3238 985.433, Florida Statutes, is amended to read:
3239 985.433 Disposition hearings in delinquency cases.—When a
3240 child has been found to have committed a delinquent act, the
3241 following procedures shall be applicable to the disposition of
3242 the case:
3243 (7) If the court determines that the child should be
3244 adjudicated as having committed a delinquent act and should be
3245 committed to the department, such determination shall be in
3246 writing or on the record of the hearing. The determination shall
3247 include a specific finding of the reasons for the decision to
3248 adjudicate and to commit the child to the department, including
3249 any determination that the child was a member of a criminal
3250 gang.
3251 (c) The court may also require that the child be placed on
3252 conditional release in a probation program following the child’s
3253 discharge from commitment. Community-based sanctions under
3254 subsection (8) may be imposed by the court at the disposition
3255 hearing or at any time prior to the child’s release from
3256 commitment.
3257 Section 39. Section 985.625, Florida Statutes, is repealed.
3258 Section 40. Subsection (4) of section 985.632, Florida
3259 Statutes, is amended to read:
3260 985.632 Quality improvement and cost-effectiveness;
3261 Comprehensive Accountability Report.—
3262 (4) COST-EFFECTIVENESS MODEL.—The department, in
3263 consultation with the Office of Economic and Demographic
3264 Research and contract service providers, shall develop a cost
3265 effectiveness model and apply the model to each commitment
3266 program.
3267 (a) The cost-effectiveness model shall compare program
3268 costs to expected and actual child recidivism rates. It is the
3269 intent of the Legislature that continual development efforts
3270 take place to improve the validity and reliability of the cost
3271 effectiveness model.
3272 (b) The department shall rank commitment programs based on
3273 the cost-effectiveness model, performance measures, and
3274 adherence to quality improvement standards and shall report this
3275 data in the annual Comprehensive Accountability Report.
3276 (c) Based on reports of the department on child outcomes
3277 and program outputs and on the department’s most recent cost
3278 effectiveness rankings, the department may terminate a program
3279 operated by the department or a provider if the program has
3280 failed to achieve a minimum standard of program effectiveness.
3281 This paragraph does not preclude the department from terminating
3282 a contract as provided under this section or as otherwise
3283 provided by law or contract, and does not limit the department’s
3284 authority to enter into or terminate a contract.
3285 (d) In collaboration with the Office of Economic and
3286 Demographic Research, and contract service providers, the
3287 department shall develop a work plan to refine the cost
3288 effectiveness model so that the model is consistent with the
3289 performance-based program budgeting measures approved by the
3290 Legislature to the extent the department deems appropriate. The
3291 department shall notify the Office of Program Policy Analysis
3292 and Government Accountability of any meetings to refine the
3293 model.
3294 (e) Contingent upon specific appropriation, the department,
3295 in consultation with the Office of Economic and Demographic
3296 Research, and contract service providers, shall:
3297 1. Construct a profile of each commitment program that uses
3298 the results of the quality improvement data portion of the
3299 Comprehensive Accountability Report required by this section,
3300 the cost-effectiveness data portion of the Comprehensive
3301 Accountability Report required in this subsection, and other
3302 reports available to the department.
3303 2. Target, for a more comprehensive evaluation, any
3304 commitment program that has achieved consistently high, low, or
3305 disparate ratings in the reports required under subparagraph 1.
3306 and target, for technical assistance, any commitment program
3307 that has achieved low or disparate ratings in the reports
3308 required under subparagraph 1.
3309 3. Identify the essential factors that contribute to the
3310 high, low, or disparate program ratings.
3311 4. Use the results of these evaluations in developing or
3312 refining juvenile justice programs or program models, child
3313 outcomes and program outputs, provider contracts, quality
3314 improvement standards, and the cost-effectiveness model.
3315 Section 41. Subsection (8) of section 95.11, Florida
3316 Statutes, is amended to read:
3317 95.11 Limitations other than for the recovery of real
3318 property.—Actions other than for recovery of real property shall
3319 be commenced as follows:
3320 (8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded
3321 on alleged abuse, as defined in s. 39.01 or, s. 415.102, or s.
3322 984.03; incest, as defined in s. 826.04; or an action brought
3323 pursuant to s. 787.061 may be commenced at any time within 7
3324 years after the age of majority, or within 4 years after the
3325 injured person leaves the dependency of the abuser, or within 4
3326 years from the time of discovery by the injured party of both
3327 the injury and the causal relationship between the injury and
3328 the abuse, whichever occurs later.
3329 Section 42. Subsection (1) of section 409.2564, Florida
3330 Statutes, is amended to read:
3331 409.2564 Actions for support.—
3332 (1) In each case in which regular support payments are not
3333 being made as provided herein, the department shall institute,
3334 within 30 days after determination of the obligor’s reasonable
3335 ability to pay, action as is necessary to secure the obligor’s
3336 payment of current support, any arrearage that may have accrued
3337 under an existing order of support, and, if a parenting time
3338 plan was not incorporated into the existing order of support,
3339 include either a signed, agreed-upon parenting time plan or a
3340 signed Title IV-D Standard Parenting Time Plan, if appropriate.
3341 The department shall notify the program attorney in the judicial
3342 circuit in which the recipient resides setting forth the facts
3343 in the case, including the obligor’s address, if known, and the
3344 public assistance case number. Whenever applicable, the
3345 procedures established under chapter 88, Uniform Interstate
3346 Family Support Act, chapter 61, Dissolution of Marriage;
3347 Support; Time-sharing, chapter 39, Proceedings Relating to
3348 Children, chapter 984, Children and Families in Need of
3349 Services; Prevention and Intervention for School Truancy and
3350 Ungovernable and Runaway Children, and chapter 985, Delinquency;
3351 Interstate Compact on Juveniles, may govern actions instituted
3352 under this act, except that actions for support under chapter
3353 39, chapter 984, or chapter 985 brought pursuant to this act
3354 shall not require any additional investigation or supervision by
3355 the department.
3356 Section 43. Paragraph (e) of subsection (1) of section
3357 419.001, Florida Statutes, is amended to read:
3358 419.001 Site selection of community residential homes.—
3359 (1) For the purposes of this section, the term:
3360 (e) “Resident” means any of the following: a frail elder as
3361 defined in s. 429.65; a person who has a disability as defined
3362 in s. 760.22(3)(a); a person who has a developmental disability
3363 as defined in s. 393.063; a nondangerous person who has a mental
3364 illness as defined in s. 394.455; or a child who is found to be
3365 dependent as defined in s. 39.01 or s. 984.03, or a child in
3366 need of services as defined in s. 984.03 or s. 985.03.
3367 Section 44. Subsection (3) of section 744.309, Florida
3368 Statutes, is amended to read:
3369 744.309 Who may be appointed guardian of a resident ward.—
3370 (3) DISQUALIFIED PERSONS.—No person who has been convicted
3371 of a felony or who, from any incapacity or illness, is incapable
3372 of discharging the duties of a guardian, or who is otherwise
3373 unsuitable to perform the duties of a guardian, shall be
3374 appointed to act as guardian. Further, no person who has been
3375 judicially determined to have committed abuse, abandonment, or
3376 neglect against a child as defined in s. 39.01 or s. 984.03(1),
3377 (2), and (24) (37), or who has been found guilty of, regardless
3378 of adjudication, or entered a plea of nolo contendere or guilty
3379 to, any offense prohibited under s. 435.04 or similar statute of
3380 another jurisdiction, shall be appointed to act as a guardian.
3381 Except as provided in subsection (5) or subsection (6), a person
3382 who provides substantial services to the proposed ward in a
3383 professional or business capacity, or a creditor of the proposed
3384 ward, may not be appointed guardian and retain that previous
3385 professional or business relationship. A person may not be
3386 appointed a guardian if he or she is in the employ of any
3387 person, agency, government, or corporation that provides service
3388 to the proposed ward in a professional or business capacity,
3389 except that a person so employed may be appointed if he or she
3390 is the spouse, adult child, parent, or sibling of the proposed
3391 ward or the court determines that the potential conflict of
3392 interest is insubstantial and that the appointment would clearly
3393 be in the proposed ward’s best interest. The court may not
3394 appoint a guardian in any other circumstance in which a conflict
3395 of interest may occur.
3396 Section 45. Section 784.075, Florida Statutes, is amended
3397 to read:
3398 784.075 Battery on detention or commitment facility staff
3399 or a juvenile probation officer.—A person who commits a battery
3400 on a juvenile probation officer, as defined in s. 984.03 or s.
3401 985.03, on other staff of a detention center or facility as
3402 defined in s. 984.03 s. 984.03(19) or s. 985.03, or on a staff
3403 member of a commitment facility as defined in s. 985.03, commits
3404 a felony of the third degree, punishable as provided in s.
3405 775.082, s. 775.083, or s. 775.084. For purposes of this
3406 section, a staff member of the facilities listed includes
3407 persons employed by the Department of Juvenile Justice, persons
3408 employed at facilities licensed by the Department of Juvenile
3409 Justice, and persons employed at facilities operated under a
3410 contract with the Department of Juvenile Justice.
3411 Section 46. Paragraph (b) of subsection (4) of section
3412 985.618, Florida Statutes, is amended to read:
3413 985.618 Educational and career-related programs.—
3414 (4)
3415 (b) Evaluations of juvenile educational and career-related
3416 programs shall be conducted according to the following
3417 guidelines:
3418 1. Systematic evaluations and quality assurance monitoring
3419 shall be implemented, in accordance with s. 985.632(1), (2), and
3420 (4) (5), to determine whether the programs are related to
3421 successful postrelease adjustments.
3422 2. Operations and policies of the programs shall be
3423 reevaluated to determine if they are consistent with their
3424 primary objectives.
3425 Section 47. This act shall take effect July 1, 2025.