July 11, 2020
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       Florida Senate - 2010                                    SB 1072
       
       
       
       By Senator Wise
       
       
       
       
       5-00882B-10                                           20101072__
    1                        A bill to be entitled                      
    2         An act relating to juvenile justice; amending s.
    3         394.492, F.S.; including children 9 years of age or
    4         younger at the time of referral for a delinquent act
    5         within the definition of those children who are
    6         eligible to receive comprehensive mental health
    7         services; amending s. 984.03, F.S.; redefining the
    8         terms “child in need of services” and “family in need
    9         of services” to provide that a child is eligible to
   10         receive comprehensive services if the child is 9 years
   11         of age or younger at the time of referral to the
   12         Department of Juvenile Justice for a delinquent act;
   13         amending s. 984.14, F.S.; providing that a child may
   14         not be placed in a shelter before a court hearing
   15         unless the child is taken into custody for a
   16         misdemeanor domestic violence charge and is eligible
   17         to be held in secure detention; amending s. 985.02,
   18         F.S.; providing additional legislative findings and
   19         intent for the juvenile justice system; amending s.
   20         985.03, F.S.; redefining the terms “child in need of
   21         services” and “family in need of services” to provide
   22         that a child is eligible to receive comprehensive
   23         services if the child is 9 years of age or younger at
   24         the time of referral to the department for a
   25         delinquent act; amending s. 985.125, F.S.; encouraging
   26         law enforcement agencies, school districts, counties,
   27         municipalities, and the department to establish
   28         prearrest or postarrest diversion programs;
   29         encouraging operators of diversion programs to give
   30         first-time misdemeanor offenders and offenders who are
   31         9 years of age or younger an opportunity to
   32         participate in the programs; amending s. 985.145,
   33         F.S.; requiring a juvenile probation officer to make a
   34         referral to the appropriate shelter if the completed
   35         risk assessment instrument shows that the child is
   36         ineligible for secure detention; amending s. 985.24,
   37         F.S.; prohibiting a child alleged to have committed a
   38         delinquent act or violation of law from being placed
   39         into secure, nonsecure, or home detention care because
   40         of a misdemeanor charge of domestic violence if the
   41         child lives in a family that has a history of family
   42         violence or if the child is a victim of abuse or
   43         neglect; prohibiting a child 9 years of age or younger
   44         from being placed into secure detention care unless
   45         the child is charged with a capital felony, a life
   46         felony, or a felony of the first degree; amending s.
   47         985.245, F.S.; revising membership on the statewide
   48         risk assessment instrument committee; amending s.
   49         985.255, F.S.; providing that a child may be retained
   50         in home detention care under certain circumstances;
   51         providing that a child who is charged with committing
   52         a felony offense of domestic violence and who does not
   53         meet detention criteria may nevertheless be held in
   54         secure detention if the court makes certain specific
   55         written findings; amending s. 985.441, F.S.;
   56         authorizing a court to commit a female child
   57         adjudicated as delinquent to the department for
   58         placement in a mother-infant program designed to serve
   59         the needs of juvenile mothers or expectant juvenile
   60         mothers who are committed as delinquents; requiring
   61         the department to adopt rules to govern the operation
   62         of the mother-infant program; amending s. 985.45,
   63         F.S.; providing that whenever a child is required by
   64         the court to participate in any juvenile justice work
   65         program, the child is considered an employee of the
   66         state for the purpose of workers’ compensation;
   67         amending s. 985.632, F.S.; requiring the Department of
   68         Juvenile Justice to collect and analyze available
   69         statistical data for the purpose of ongoing evaluation
   70         of all juvenile justice programs; redefining terms;
   71         requiring the department to use a standard methodology
   72         to annually measure, evaluate, and report program
   73         outputs and youth outcomes for each program and
   74         program group; requiring that the department submit an
   75         annual report to the appropriate committees of the
   76         Legislature and the Governor; requiring that the
   77         department apply a program accountability measures
   78         analysis to each program; deleting obsolete
   79         provisions; amending s. 985.664, F.S.; providing that
   80         a juvenile justice circuit board may increase its
   81         membership to adequately reflect the diversity of the
   82         population, community organizations, and child care
   83         agencies in its circuit; creating the Disproportionate
   84         Minority Contact Task Force within the Department of
   85         Juvenile Justice; requiring the secretary to appoint
   86         members to the task force; providing for membership on
   87         the task force; providing for members of the task
   88         force to serve without compensation or reimbursement
   89         for travel and per diem expenses; requiring that the
   90         department provide the necessary staff to facilitate
   91         the work of the task force within existing resources;
   92         setting forth the goals of the task force; providing
   93         duties of the task force; requiring that the task
   94         force submit annual reports to the secretary
   95         summarizing the activities of the task force;
   96         providing that the task force is abolished on a
   97         specified date; reenacting ss. 419.001(1)(d),
   98         984.04(5), and 984.15(2)(c) and (3)(c), F.S., relating
   99         to community residential homes, families and children
  100         in need of services, and filing decisions available to
  101         a state attorney, respectively, to incorporate the
  102         amendment made to s. 984.03, F.S., in references
  103         thereto; reenacting s. 984.13(3), F.S., relating to
  104         taking a child into custody, to incorporate the
  105         amendment made to s. 984.14, F.S., in a reference
  106         thereto; reenacting s. 419.001(1)(d), F.S., relating
  107         to community residential homes, to incorporate the
  108         amendment made to s. 985.03, F.S., in a reference
  109         thereto; providing an effective date.
  110  
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Paragraph (i) is added to subsection (4) of
  114  section 394.492, Florida Statutes, to read:
  115         394.492 Definitions.—As used in ss. 394.490-394.497, the
  116  term:
  117         (4) “Child or adolescent at risk of emotional disturbance”
  118  means a person under 18 years of age who has an increased
  119  likelihood of becoming emotionally disturbed because of risk
  120  factors that include, but are not limited to:
  121         (i)Being 9 years of age or younger at the time of referral
  122  for a delinquent act.
  123         Section 2. Subsections (9) and (25) of section 984.03,
  124  Florida Statutes, are amended to read:
  125         984.03 Definitions.—When used in this chapter, the term:
  126         (9) “Child in need of services” means a child for whom
  127  there is no pending investigation into an allegation or
  128  suspicion of abuse, neglect, or abandonment; no pending referral
  129  alleging that the child is delinquent, except if the child is 9
  130  years of age or younger at the time of referral to the
  131  department; or no current supervision by the department of
  132  Juvenile Justice or the Department of Children and Family
  133  Services for an adjudication of dependency or delinquency. The
  134  child must also, pursuant to this chapter, be found by the
  135  court:
  136         (a) To have persistently run away from the child’s parents
  137  or legal custodians despite reasonable efforts of the child, the
  138  parents or legal custodians, and appropriate agencies to remedy
  139  the conditions contributing to the behavior. Reasonable efforts
  140  shall include voluntary participation by the child’s parents or
  141  legal custodians and the child in family mediation, services,
  142  and treatment offered by the department of Juvenile Justice or
  143  the Department of Children and Family Services;
  144         (b) To be habitually truant from school, while subject to
  145  compulsory school attendance, despite reasonable efforts to
  146  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
  147  through voluntary participation by the child’s parents or legal
  148  custodians and by the child in family mediation, services, and
  149  treatment offered by the department of Juvenile Justice or the
  150  Department of Children and Family Services; or
  151         (c) To have persistently disobeyed the reasonable and
  152  lawful demands of the child’s parents or legal custodians, and
  153  to be beyond their control despite efforts by the child’s
  154  parents or legal custodians and appropriate agencies to remedy
  155  the conditions contributing to the behavior. Reasonable efforts
  156  may include such things as good faith participation in family or
  157  individual counseling; or.
  158         (d)To be 9 years of age or younger and have been referred
  159  to the department for committing a delinquent act.
  160         (25) “Family in need of services” means a family that has a
  161  child who is running away; who is persistently disobeying
  162  reasonable and lawful demands of the parent or legal custodian
  163  and is beyond the control of the parent or legal custodian; or
  164  who is habitually truant from school or engaging in other
  165  serious behaviors that place the child at risk of future abuse,
  166  neglect, or abandonment or at risk of entering the juvenile
  167  justice system; or who is 9 years of age or younger and being
  168  referred to the department for a delinquent act. The child must
  169  be referred to a law enforcement agency, the department of
  170  Juvenile Justice, or an agency contracted to provide services to
  171  children in need of services. A family is not eligible to
  172  receive services if, at the time of the referral, there is an
  173  open investigation into an allegation of abuse, neglect, or
  174  abandonment or if the child is currently under supervision by
  175  the department of Juvenile Justice or the Department of Children
  176  and Family Services due to an adjudication of dependency or
  177  delinquency.
  178         Section 3. Subsection (1) of section 984.14, Florida
  179  Statutes, is amended to read:
  180         984.14 Shelter placement; hearing.—
  181         (1) Unless ordered by the court pursuant to the provisions
  182  of this chapter, or upon voluntary consent to placement by the
  183  child and the child’s parent, legal guardian, or custodian, a
  184  child taken into custody may shall not be placed in a shelter
  185  prior to a court hearing unless the child is taken into custody
  186  for a misdemeanor domestic violence charge and is eligible to be
  187  held in secure detention or a determination has been made that
  188  the provision of appropriate and available services will not
  189  eliminate the need for placement and that such placement is
  190  required:
  191         (a) To provide an opportunity for the child and family to
  192  agree upon conditions for the child’s return home, when
  193  immediate placement in the home would result in a substantial
  194  likelihood that the child and family would not reach an
  195  agreement; or
  196         (b) Because a parent, custodian, or guardian is unavailable
  197  to take immediate custody of the child.
  198         Section 4. Subsections (9), (10), and (11) are added to
  199  section 985.02, Florida Statutes, to read:
  200         985.02 Legislative intent for the juvenile justice system.—
  201         (9)CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature
  202  finds that very young children need age-appropriate services in
  203  order to prevent and reduce future acts of delinquency. Children
  204  who are 9 years of age or younger who have been determined by
  205  the court to pose no danger to the community and are unlikely to
  206  recidivate, should be diverted into prearrest or postarrest
  207  programs, civil citation programs, or children-in-need-of
  208  services and families-in-need-of-services programs, as
  209  appropriate. If, upon findings from the needs assessment, the
  210  child is found to be in need of mental health services or
  211  substance abuse treatment services, the department shall
  212  cooperate with the parent or legal guardian and the Department
  213  of Children and Family Services, as appropriate, to identify the
  214  most appropriate services and supports and available funding
  215  sources to meet the needs of the child.
  216         (10)RESTORATIVE JUSTICE.—
  217         (a)It is the intent of the Legislature that the juvenile
  218  justice system advance the principles of restorative justice.
  219  The department shall focus on repairing the harm to victims of
  220  delinquent behavior by ensuring that the child understands the
  221  effect of his or her delinquent behavior on the victim and the
  222  community and restores the loss to the victim.
  223         (b)Offender accountability is one of the principles of
  224  restorative justice. The premise of this principle is that the
  225  juvenile justice system must respond to delinquent behavior in
  226  such a way that the offender is made aware of and takes
  227  responsibility for repaying or restoring loss, damage, or injury
  228  perpetrated upon the victim and the community. This goal is
  229  achieved when the offender understands the consequences of
  230  delinquent behaviors in terms of harm to others, and when the
  231  offender makes amends for the harm, loss, or damage through
  232  restitution, community service, or other appropriate repayment.
  233         (11)OVERREPRESENTATION IN THE JUVENILE JUSTICE SYSTEM.—The
  234  Legislature intends to ensure equal treatment of all youth
  235  within the juvenile justice system in its commitment to reduce
  236  juvenile delinquency. When specific groups of youth are
  237  overrepresented based upon their gender, race, ethnicity, or
  238  socioeconomic status in the juvenile justice system, the
  239  department shall examine and revise its strategies, policies,
  240  and practices to ensure that the department is not contributing
  241  to overrepresentation. The department shall solicit input from
  242  community stakeholders and affected citizens to assist in the
  243  modification of strategies, policies, and practices to reduce
  244  overrepresentation. For the purpose of this subsection, the term
  245  “overrepresented” means a condition whereby a larger proportion
  246  of a particular group of youth is present at any stage of the
  247  juvenile justice system than would be expected based upon their
  248  percentage of this state’s overall youth population.
  249         Section 5. Subsections (7) and (23) of section 985.03,
  250  Florida Statutes, are amended to read:
  251         985.03 Definitions.—As used in this chapter, the term:
  252         (7) “Child in need of services” means a child for whom
  253  there is no pending investigation into an allegation or
  254  suspicion of abuse, neglect, or abandonment; no pending referral
  255  alleging that the child is delinquent, except if the child is 9
  256  years of age or younger at the time of referral to the
  257  department; or no current supervision by the department or the
  258  Department of Children and Family Services for an adjudication
  259  of dependency or delinquency. The child must also, under this
  260  chapter, be found by the court:
  261         (a) To have persistently run away from the child’s parents
  262  or legal custodians despite reasonable efforts of the child, the
  263  parents or legal custodians, and appropriate agencies to remedy
  264  the conditions contributing to the behavior. Reasonable efforts
  265  shall include voluntary participation by the child’s parents or
  266  legal custodians and the child in family mediation, services,
  267  and treatment offered by the department or the Department of
  268  Children and Family Services;
  269         (b) To be habitually truant from school, while subject to
  270  compulsory school attendance, despite reasonable efforts to
  271  remedy the situation under ss. 1003.26 and 1003.27 and through
  272  voluntary participation by the child’s parents or legal
  273  custodians and by the child in family mediation, services, and
  274  treatment offered by the department of Juvenile Justice or the
  275  Department of Children and Family Services; or
  276         (c) To have persistently disobeyed the reasonable and
  277  lawful demands of the child’s parents or legal custodians, and
  278  to be beyond their control despite efforts by the child’s
  279  parents or legal custodians and appropriate agencies to remedy
  280  the conditions contributing to the behavior. Reasonable efforts
  281  may include such things as good faith participation in family or
  282  individual counseling; or
  283         (d)To have been referred for a delinquent act at the age
  284  of 9 years or younger.
  285         (23) “Family in need of services” means a family that has a
  286  child for whom there is no pending investigation into an
  287  allegation of abuse, neglect, or abandonment or no current
  288  supervision by the department or the Department of Children and
  289  Family Services for an adjudication of dependency or
  290  delinquency. The child must also have been referred to a law
  291  enforcement agency or the department for:
  292         (a) Running away from parents or legal custodians;
  293         (b) Persistently disobeying reasonable and lawful demands
  294  of parents or legal custodians, and being beyond their control;
  295  or
  296         (c) Habitual truancy from school; or
  297         (d)Being 9 years of age or younger and being referred for
  298  a delinquent act.
  299         Section 6. Subsection (1) of section 985.125, Florida
  300  Statutes, is amended to read:
  301         985.125 Prearrest or postarrest diversion programs.—
  302         (1) A law enforcement agency, or school district, county,
  303  municipality, or the department, in cooperation with the state
  304  attorney, is encouraged to may establish a prearrest or
  305  postarrest diversion programs. Youth who are taken into custody
  306  for first-time misdemeanor offenses or offenders who are 9 years
  307  of age or younger should be given an opportunity to participate
  308  in prearrest or postarrest diversion programs program.
  309         Section 7. Paragraph (d) of subsection (1) of section
  310  985.145, Florida Statutes, is amended to read:
  311         985.145 Responsibilities of juvenile probation officer
  312  during intake; screenings and assessments.—
  313         (1) The juvenile probation officer shall serve as the
  314  primary case manager for the purpose of managing, coordinating,
  315  and monitoring the services provided to the child. Each program
  316  administrator within the Department of Children and Family
  317  Services shall cooperate with the primary case manager in
  318  carrying out the duties and responsibilities described in this
  319  section. In addition to duties specified in other sections and
  320  through departmental rules, the assigned juvenile probation
  321  officer shall be responsible for the following:
  322         (d) Completing risk assessment instrument.—The juvenile
  323  probation officer shall ensure that a risk assessment instrument
  324  establishing the child’s eligibility for detention has been
  325  accurately completed and that the appropriate recommendation was
  326  made to the court. If, upon completion of the risk assessment
  327  instrument, the child is ineligible for secure detention based
  328  on the criteria in s. 985.24(2)(e), the juvenile probation
  329  officer shall make a referral to the appropriate shelter for a
  330  child in need of services or family in need of services.
  331         Section 8. Section 985.24, Florida Statutes, is amended to
  332  read:
  333         985.24 Use of detention; prohibitions.—
  334         (1) All determinations and court orders regarding the use
  335  of secure, nonsecure, or home detention must shall be based
  336  primarily upon findings that the child:
  337         (a) Presents a substantial risk of not appearing at a
  338  subsequent hearing;
  339         (b) Presents a substantial risk of inflicting bodily harm
  340  on others as evidenced by recent behavior;
  341         (c) Presents a history of committing a property offense
  342  prior to adjudication, disposition, or placement;
  343         (d) Has committed contempt of court by:
  344         1. Intentionally disrupting the administration of the
  345  court;
  346         2. Intentionally disobeying a court order; or
  347         3. Engaging in a punishable act or speech in the court’s
  348  presence which shows disrespect for the authority and dignity of
  349  the court; or
  350         (e) Requests protection from imminent bodily harm.
  351         (2) A child alleged to have committed a delinquent act or
  352  violation of law may not be placed into secure, nonsecure, or
  353  home detention care for any of the following reasons:
  354         (a) To allow a parent to avoid his or her legal
  355  responsibility.
  356         (b) To permit more convenient administrative access to the
  357  child.
  358         (c) To facilitate further interrogation or investigation.
  359         (d) Due to a lack of more appropriate facilities.
  360         (e)Due to a misdemeanor charge of domestic violence if the
  361  child lives in a family that has a history of family violence,
  362  as defined in s. 741.28, or if the child is a victim of abuse or
  363  neglect, as defined in s. 39.01, and the decision to place the
  364  child in secure detention is mitigated by the history of trauma
  365  faced by the child, unless the child would otherwise be subject
  366  to secure detention based on his or her prior history.
  367         (3) A child alleged to be dependent under chapter 39 may
  368  not, under any circumstances, be placed into secure detention
  369  care.
  370         (4)A child 9 years of age or younger may not be placed
  371  into secure detention care unless the child is charged with a
  372  capital felony, a life felony, or a felony of the first degree.
  373         (5)(4) The department shall continue to identify
  374  alternatives to secure detention care and shall develop such
  375  alternatives and annually submit them to the Legislature for
  376  authorization and appropriation.
  377         Section 9. Paragraph (a) of subsection (2) of section
  378  985.245, Florida Statutes, is amended to read:
  379         985.245 Risk assessment instrument.—
  380         (2)(a) The risk assessment instrument for detention care
  381  placement determinations and court orders shall be developed by
  382  the department in agreement with a statewide committee composed
  383  of representatives appointed by the following associations: the
  384  Conference of Circuit Judges of Florida, the Prosecuting
  385  Attorneys Association, the Public Defenders Association, the
  386  Florida Sheriffs Association, and the Florida Association of
  387  Chiefs of Police. Each association shall appoint two
  388  individuals, one representing an urban area and one representing
  389  a rural area. In addition, the committee shall include two
  390  representatives from child advocacy organizations appointed by
  391  the secretary of the department. The parties involved shall
  392  evaluate and revise the risk assessment instrument as is
  393  considered necessary using the method for revision as agreed by
  394  the parties.
  395         Section 10. Section 985.255, Florida Statutes, is amended
  396  to read:
  397         985.255 Detention criteria; detention hearing.—
  398         (1) Subject to s. 985.25(1), a child taken into custody and
  399  placed into nonsecure or home detention care or detained in
  400  secure detention care before prior to a detention hearing may
  401  continue to be detained by the court if:
  402         (a) The child is alleged to be an escapee from a
  403  residential commitment program; or an absconder from a
  404  nonresidential commitment program, a probation program, or
  405  conditional release supervision; or is alleged to have escaped
  406  while being lawfully transported to or from a residential
  407  commitment program.
  408         (b) The child is wanted in another jurisdiction for an
  409  offense which, if committed by an adult, would be a felony.
  410         (c) The child is charged with a delinquent act or violation
  411  of law and requests in writing through legal counsel to be
  412  detained for protection from an imminent physical threat to his
  413  or her personal safety.
  414         (d) The child is charged with committing a felony an
  415  offense of domestic violence as defined in s. 741.28 and is
  416  detained as provided in subsection (2).
  417         (e) The child is charged with possession or discharging a
  418  firearm on school property in violation of s. 790.115.
  419         (f) The child is charged with a capital felony, a life
  420  felony, a felony of the first degree, a felony of the second
  421  degree that does not involve a violation of chapter 893, or a
  422  felony of the third degree that is also a crime of violence,
  423  including any such offense involving the use or possession of a
  424  firearm.
  425         (g) The child is charged with any second degree or third
  426  degree felony involving a violation of chapter 893 or any third
  427  degree felony that is not also a crime of violence, and the
  428  child:
  429         1. Has a record of failure to appear at court hearings
  430  after being properly notified in accordance with the Rules of
  431  Juvenile Procedure;
  432         2. Has a record of law violations prior to court hearings;
  433         3. Has already been detained or has been released and is
  434  awaiting final disposition of the case;
  435         4. Has a record of violent conduct resulting in physical
  436  injury to others; or
  437         5. Is found to have been in possession of a firearm.
  438         (h) The child is alleged to have violated the conditions of
  439  the child’s probation or conditional release supervision.
  440  However, a child detained under this paragraph may be held only
  441  in a consequence unit as provided in s. 985.439. If a
  442  consequence unit is not available, the child shall be placed on
  443  home detention with electronic monitoring.
  444         (i) The child is detained on a judicial order for failure
  445  to appear and has previously willfully failed to appear, after
  446  proper notice, for an adjudicatory hearing on the same case
  447  regardless of the results of the risk assessment instrument. A
  448  child may be held in secure detention for up to 72 hours in
  449  advance of the next scheduled court hearing pursuant to this
  450  paragraph. The child’s failure to keep the clerk of court and
  451  defense counsel informed of a current and valid mailing address
  452  where the child will receive notice to appear at court
  453  proceedings does not provide an adequate ground for excusal of
  454  the child’s nonappearance at the hearings.
  455         (j) The child is detained on a judicial order for failure
  456  to appear and has previously willfully failed to appear, after
  457  proper notice, at two or more court hearings of any nature on
  458  the same case regardless of the results of the risk assessment
  459  instrument. A child may be held in secure detention for up to 72
  460  hours in advance of the next scheduled court hearing pursuant to
  461  this paragraph. The child’s failure to keep the clerk of court
  462  and defense counsel informed of a current and valid mailing
  463  address where the child will receive notice to appear at court
  464  proceedings does not provide an adequate ground for excusal of
  465  the child’s nonappearance at the hearings.
  466         (2) A child who is charged with committing a felony an
  467  offense of domestic violence as defined in s. 741.28 and who
  468  does not meet detention criteria may be held in secure detention
  469  if the court makes specific written findings that:
  470         (a) Respite care for the child is not available.
  471         (b) It is necessary to place the child in secure detention
  472  in order to protect the victim from injury.
  473  
  474  The child may not be held in secure detention under this
  475  subsection for more than 48 hours unless ordered by the court.
  476  After 48 hours, the court shall hold a hearing if the state
  477  attorney or victim requests that secure detention be continued.
  478  The child may continue to be held in detention care if the court
  479  makes a specific, written finding that detention care is
  480  necessary to protect the victim from injury. However, the child
  481  may not be held in detention care beyond the time limits set
  482  forth in this section or s. 985.26.
  483         (3)(a) A child who meets any of the criteria in subsection
  484  (1) and who is ordered to be detained under that subsection
  485  shall be given a hearing within 24 hours after being taken into
  486  custody. The purpose of the detention hearing is to determine
  487  the existence of probable cause that the child has committed the
  488  delinquent act or violation of law that he or she is charged
  489  with and the need for continued detention. Unless a child is
  490  detained under paragraph (1)(d) or paragraph (1)(e), the court
  491  shall use the results of the risk assessment performed by the
  492  juvenile probation officer and, based on the criteria in
  493  subsection (1), shall determine the need for continued
  494  detention. A child placed into secure, nonsecure, or home
  495  detention care may continue to be so detained by the court.
  496         (b) If the court orders a placement more restrictive than
  497  indicated by the results of the risk assessment instrument, the
  498  court shall state, in writing, clear and convincing reasons for
  499  such placement.
  500         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  501  when a child is placed into secure or nonsecure detention care,
  502  or into a respite home or other placement pursuant to a court
  503  order following a hearing, the court order must include specific
  504  instructions that direct the release of the child from such
  505  placement no later than 5 p.m. on the last day of the detention
  506  period specified in s. 985.26 or s. 985.27, whichever is
  507  applicable, unless the requirements of such applicable provision
  508  have been met or an order of continuance has been granted under
  509  s. 985.26(4).
  510         Section 11. Paragraph (e) is added to subsection (1) of
  511  section 985.441, Florida Statutes, to read:
  512         985.441 Commitment.—
  513         (1) The court that has jurisdiction of an adjudicated
  514  delinquent child may, by an order stating the facts upon which a
  515  determination of a sanction and rehabilitative program was made
  516  at the disposition hearing:
  517         (e)Commit the child to the department for placement in a
  518  mother-infant program designed to serve the needs of juvenile
  519  mothers or expectant juvenile mothers who are committed as
  520  delinquents. The department’s mother-infant program must be
  521  licensed as a child care facility in accordance with s. 402.308,
  522  and must provide the services and support necessary to enable
  523  the committed juvenile mothers to provide for the needs of their
  524  infants who, upon agreement of the mother, may accompany them in
  525  the program. The department shall adopt rules to govern the
  526  operation of such programs.
  527         Section 12. Subsection (1) of section 985.45, Florida
  528  Statutes, is amended to read:
  529         985.45 Liability and remuneration for work.—
  530         (1) Whenever a child is required by the court to
  531  participate in any work program under this part or whenever a
  532  child volunteers to work in a specified state, county,
  533  municipal, or community service organization supervised work
  534  program or to work for the victim, either as an alternative to
  535  monetary restitution or as a part of the rehabilitative or
  536  probation program, the child is an employee of the state for the
  537  purposes of chapter 440 liability.
  538         Section 13. Section 985.632, Florida Statutes, is amended
  539  to read:
  540         985.632 Program review and reporting requirements Quality
  541  assurance and cost-effectiveness.—
  542         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  543  that the department:
  544         (a) Ensure that information be provided to decisionmakers
  545  in a timely manner so that resources are allocated to programs
  546  that of the department which achieve desired performance levels.
  547         (b)Collect and analyze available statistical data for the
  548  purpose of ongoing evaluation of all programs.
  549         (c)(b) Provide information about the cost of such programs
  550  and their differential effectiveness so that program the quality
  551  may of such programs can be compared and improvements made
  552  continually.
  553         (d)(c) Provide information to aid in developing related
  554  policy issues and concerns.
  555         (e)(d) Provide information to the public about the
  556  effectiveness of such programs in meeting established goals and
  557  objectives.
  558         (f)(e) Provide a basis for a system of accountability so
  559  that each youth client is afforded the best programs to meet his
  560  or her needs.
  561         (g)(f) Improve service delivery to youth clients.
  562         (h)(g) Modify or eliminate activities that are not
  563  effective.
  564         (2) DEFINITIONS.—As used in this section, the term:
  565         (a) “Youth” “Client” means any person who is being provided
  566  treatment or services by the department or by a provider under
  567  contract with the department.
  568         (b)“Program” means any facility, service, or program for
  569  youth which is operated by the department or by a provider under
  570  contract with the department.
  571         (c)(b) “Program component” means an aggregation of
  572  generally related objectives which, because of their special
  573  character, related workload, and interrelated output, can
  574  logically be considered an entity for purposes of organization,
  575  management, accounting, reporting, and budgeting.
  576         (c)“Program effectiveness” means the ability of the
  577  program to achieve desired client outcomes, goals, and
  578  objectives.
  579         (d)“Program group” means a collection of programs having
  580  sufficient similarity of functions, services, and population to
  581  permit appropriate comparisons between programs within the
  582  group.
  583         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  584  shall use a standard methodology for annually measuring,
  585  evaluating, and reporting program outputs and youth outcomes for
  586  each program and program group. The department shall submit a
  587  report to the appropriate committees of the Legislature and the
  588  Governor by January 15 of each year. The department shall notify
  589  the Office of Program Policy Analysis and Government
  590  Accountability and each contract service provider of substantive
  591  changes to the methodology. The standard methodology must:
  592         (a)Define common terminology and operational definitions
  593  and methods by which to measure the performance of program
  594  outputs and outcomes.
  595         (b)Specify program outputs for each program and for each
  596  program group within the juvenile justice continuum.
  597         (c)Report cost data for each program operated or
  598  contracted by the department for the fiscal year corresponding
  599  to the program outputs and outcomes being reported. The
  600  department shall annually collect and report cost data for every
  601  program operated or contracted by the department. The cost data
  602  shall conform to a format approved by the department and the
  603  Legislature. Uniform cost data shall be reported and collected
  604  for state-operated and contracted programs so that comparisons
  605  can be made among programs. The department shall ensure that
  606  there is accurate cost accounting for state-operated services
  607  including market-equivalent rent and other shared cost. The cost
  608  of the educational program provided to a residential facility
  609  shall be reported and included in the cost of a program. The
  610  department shall submit an annual cost report to the President
  611  of the Senate, the Speaker of the House of Representatives, the
  612  Minority Leader of each house of the Legislature, the
  613  appropriate substantive and fiscal committees of each house of
  614  the Legislature, and the Governor, no later than December 1 of
  615  each year. Cost-benefit analysis for educational programs will
  616  be developed and implemented in collaboration with and in
  617  cooperation with the Department of Education, local providers,
  618  and local school districts. Cost data for the report shall
  619  include data collected by the Department of Education for the
  620  purposes of preparing the annual report required by s.
  621  1003.52(19).
  622         (4)(a)PROGRAM ACCOUNTABILITY MEASURES.—The department of
  623  Juvenile Justice, in consultation with the Office of Economic
  624  and Demographic Research, and contract service providers, shall
  625  develop a cost-effectiveness model and apply the program
  626  accountability measures analysis model to each commitment
  627  program and include the results in the comprehensive
  628  accountability report. Program recidivism rates shall be a
  629  component of the model.
  630         (a) The program accountability measures analysis cost
  631  effectiveness model shall compare program costs to expected and
  632  actual youth recidivism rates client outcomes and program
  633  outputs. It is the intent of the Legislature that continual
  634  development efforts take place to improve the validity and
  635  reliability of the cost-effectiveness model and to integrate the
  636  standard methodology developed under s. 985.401(4) for
  637  interpreting program outcome evaluations.
  638         (b)The department shall rank commitment programs based on
  639  the cost-effectiveness model and shall submit a report to the
  640  appropriate substantive and fiscal committees of each house of
  641  the Legislature by December 31 of each year.
  642         (b)(c) Based on reports of the department on client
  643  outcomes and program outputs and on the department’s most recent
  644  program accountability measures analysis cost-effectiveness
  645  rankings, the department may terminate its contract with or
  646  discontinue a commitment program operated by the department or a
  647  provider if the program has failed to achieve a minimum
  648  threshold of recidivism and cost-effectiveness program
  649  effectiveness. This paragraph does not preclude the department
  650  from terminating a contract as provided under this section or as
  651  otherwise provided by law or contract, and does not limit the
  652  department’s authority to enter into or terminate a contract.
  653         (c)(d)The department shall notify the Office of Program
  654  Policy Analysis and Government Accountability and each contract
  655  service provider of substantive changes to the program
  656  accountability measures analysis. In collaboration with the
  657  Office of Economic and Demographic Research, and contract
  658  service providers, the department shall develop a work plan to
  659  refine the cost-effectiveness model so that the model is
  660  consistent with the performance-based program budgeting measures
  661  approved by the Legislature to the extent the department deems
  662  appropriate. The department shall notify the Office of Program
  663  Policy Analysis and Government Accountability of any meetings to
  664  refine the model.
  665         (d)(e) Contingent upon specific appropriation, the
  666  department, in consultation with the Office of Economic and
  667  Demographic Research, and contract service providers, shall:
  668         1. Construct a profile of each commitment program that uses
  669  the results of the quality assurance report required by this
  670  section, the cost-effectiveness report required in this
  671  subsection, and other reports available to the department.
  672         2. Target, for a more comprehensive evaluation, any
  673  commitment program that has achieved consistently high, low, or
  674  disparate ratings in the reports required under subparagraph 1.
  675         3. Identify the essential factors that contribute to the
  676  high, low, or disparate program ratings.
  677         4. Use the results of these evaluations in developing or
  678  refining juvenile justice programs or program models, youth
  679  client outcomes and program outputs, provider contracts, quality
  680  assurance standards, and the cost-effectiveness model.
  681         (5) QUALITY ASSURANCE.—The department shall:
  682         (a) Establish a comprehensive quality assurance system for
  683  each program operated by the department or operated by a
  684  provider under contract with the department. Each contract
  685  entered into by the department must provide for quality
  686  assurance and include the results in the comprehensive
  687  accountability report.
  688         (b) Provide operational definitions of and criteria for
  689  quality assurance for each specific program component.
  690         (c) Establish quality assurance goals and objectives for
  691  each specific program component.
  692         (d) Establish the information and specific data elements
  693  required for the quality assurance program.
  694         (e) Develop a quality assurance manual of specific,
  695  standardized terminology and procedures to be followed by each
  696  program.
  697         (f) Evaluate each program operated by the department or a
  698  provider under a contract with the department and establish
  699  minimum thresholds for each program component. If a provider
  700  fails to meet the established minimum thresholds, such failure
  701  shall cause the department to cancel the provider’s contract
  702  unless the provider achieves compliance with minimum thresholds
  703  within 6 months or unless there are documented extenuating
  704  circumstances. In addition, the department may not contract with
  705  the same provider for the canceled service for a period of 12
  706  months. If a department-operated program fails to meet the
  707  established minimum thresholds, the department must take
  708  necessary and sufficient steps to ensure and document program
  709  changes to achieve compliance with the established minimum
  710  thresholds. If the department-operated program fails to achieve
  711  compliance with the established minimum thresholds within 6
  712  months and if there are no documented extenuating circumstances,
  713  the department must notify the Executive Office of the Governor
  714  and the Legislature of the corrective action taken. Appropriate
  715  corrective action may include, but is not limited to:
  716         1. Contracting out for the services provided in the
  717  program;
  718         2. Initiating appropriate disciplinary action against all
  719  employees whose conduct or performance is deemed to have
  720  materially contributed to the program’s failure to meet
  721  established minimum thresholds;
  722         3. Redesigning the program; or
  723         4. Realigning the program.
  724  
  725  The department shall submit an annual report to the President of
  726  the Senate, the Speaker of the House of Representatives, the
  727  Minority Leader of each house of the Legislature, the
  728  appropriate substantive and fiscal committees of each house of
  729  the Legislature, and the Governor, no later than February 1 of
  730  each year. The annual report must contain, at a minimum, for
  731  each specific program component: a comprehensive description of
  732  the population served by the program; a specific description of
  733  the services provided by the program; cost; a comparison of
  734  expenditures to federal and state funding; immediate and long
  735  range concerns; and recommendations to maintain, expand,
  736  improve, modify, or eliminate each program component so that
  737  changes in services lead to enhancement in program quality. The
  738  department shall ensure the reliability and validity of the
  739  information contained in the report.
  740         (6)The department shall collect and analyze available
  741  statistical data for the purpose of ongoing evaluation of all
  742  programs. The department shall provide the Legislature with
  743  necessary information and reports to enable the Legislature to
  744  make informed decisions regarding the effectiveness of, and any
  745  needed changes in, services, programs, policies, and laws.
  746         (7)No later than November 1, 2001, the department shall
  747  submit a proposal to the Legislature concerning funding
  748  incentives and disincentives for the department and for
  749  providers under contract with the department. The
  750  recommendations for funding incentives and disincentives shall
  751  be based upon both quality assurance performance and cost
  752  effectiveness performance. The proposal should strive to achieve
  753  consistency in incentives and disincentives for both department
  754  operated and contractor-provided programs. The department may
  755  include recommendations for the use of liquidated damages in the
  756  proposal; however, the department is not presently authorized to
  757  contract for liquidated damages in non-hardware-secure
  758  facilities until January 1, 2002.
  759         Section 14. Subsection (8) of section 985.664, Florida
  760  Statutes, is amended to read:
  761         985.664 Juvenile justice circuit boards and juvenile
  762  justice county councils.—
  763         (8) At any time after the adoption of initial bylaws
  764  pursuant to subsection (12), a juvenile justice circuit board
  765  may revise the bylaws to increase the number of members by not
  766  more than five three in order to adequately reflect the
  767  diversity of the population and community organizations or
  768  agencies in the circuit.
  769         Section 15. Disproportionate Minority Contact Task Force.—
  770         (1)(a)The Disproportionate Minority Contact Task Force is
  771  established within the Department of Juvenile Justice, which
  772  shall be a task force as defined in s. 20.03, Florida Statutes.
  773         (b)The Secretary of Juvenile Justice shall appoint 15
  774  members to the task force. The appointed members shall include
  775  representatives from educational institutions, law enforcement
  776  agencies, state attorney offices, public defender offices, the
  777  state court system, faith communities, juvenile justice service
  778  providers, advocacy organizations, and other stakeholders.
  779         (c)Members of the task force shall serve without
  780  compensation, and members who are not governmental employees may
  781  not be reimbursed for travel or per diem expenses.
  782         (2)Within existing resources, the department shall provide
  783  the necessary staff to facilitate the work of the task force.
  784         (3)The goal of the task force is to reduce the
  785  disproportionate contact, statewide, of minority juvenile
  786  offenders with the department and law enforcement agencies,
  787  consistent with the federal Juvenile Justice and Delinquency
  788  Prevention Act of 1974, Pub. L. No. 93-415, as amended.
  789         (4)The task force shall:
  790         (a)Work with each local juvenile justice board and council
  791  to develop a plan to reduce disproportionate minority contact
  792  within its area.
  793         (b)Develop, in conjunction with the department,
  794  requirements for every entity with which the department works,
  795  throughout its continuum of services, to implement strategies,
  796  policies, and practices that reduce disproportionate minority
  797  contact.
  798         (c)Assist the department in developing ongoing cultural
  799  sensitivity and cultural competence training for departmental
  800  and provider staff to facilitate their participation in plans
  801  and strategies to reduce disproportionate minority contact.
  802         (d)Assist the department in developing training and
  803  educational classes that will be made available to local law
  804  enforcement agencies, school systems, court personnel, and other
  805  identified local stakeholders.
  806         (e)Assist the department in developing a strategic plan to
  807  reduce disproportionate minority contact and overrepresentation,
  808  which shall include strategies such as restorative justice
  809  practices, civil citation programs, and other prevention and
  810  diversionary strategies that offer alternatives intended to
  811  prevent the movement of youth into the next level of
  812  intervention at the point of school disciplinary decisions,
  813  arrest, charging, disposition, and placement.
  814         (f)Assist the department and the local juvenile justice
  815  boards and councils in establishing comprehensive partnerships
  816  with faith-based and community-based organizations that are
  817  minority-led, citizen-based, and nonprofit organizations and
  818  that are designed and prepared to handle the range of
  819  responsibilities for responding to the needs of underserved
  820  youth.
  821         (g)Submit an annual report to the secretary by July 1 of
  822  each year summarizing its activities. The report shall also
  823  include any specific recommendations for appropriate
  824  legislation.
  825         (5)The task force is abolished July 1, 2013.
  826         Section 16. For the purpose of incorporating the amendment
  827  made by this act to section 984.03, Florida Statutes, in a
  828  reference thereto, paragraph (d) of subsection (1) of section
  829  419.001, Florida Statutes, is reenacted to read:
  830         419.001 Site selection of community residential homes.—
  831         (1) For the purposes of this section, the following
  832  definitions shall apply:
  833         (d) “Resident” means any of the following: a frail elder as
  834  defined in s. 429.65; a physically disabled or handicapped
  835  person as defined in s. 760.22(7)(a); a developmentally disabled
  836  person as defined in s. 393.063; a nondangerous mentally ill
  837  person as defined in s. 394.455(18); or a child who is found to
  838  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  839  need of services as defined in s. 984.03 or s. 985.03.
  840         Section 17. For the purpose of incorporating the amendment
  841  made by this act to section 984.03, Florida Statutes, in a
  842  reference thereto, subsection (5) of section 984.04, Florida
  843  Statutes, is reenacted to read:
  844         984.04 Families in need of services and children in need of
  845  services; procedures and jurisdiction.—
  846         (5) The circuit court shall have exclusive original
  847  jurisdiction of proceedings in which a child is alleged to be a
  848  child in need of services. When the jurisdiction of any child
  849  who has been found to be a child in need of services or the
  850  parent, custodian, or legal guardian of such a child is
  851  obtained, the court shall retain jurisdiction, unless
  852  relinquished by its order or unless the department withdraws its
  853  petition because the child no longer meets the definition of a
  854  child in need of services as defined in s. 984.03, until the
  855  child reaches 18 years of age. This subsection shall not be
  856  construed to prevent the exercise of jurisdiction by any other
  857  court having jurisdiction of the child if the child commits a
  858  violation of law, is the subject of the dependency provisions
  859  under this chapter, or is the subject of a pending investigation
  860  into an allegation or suspicion of abuse, neglect, or
  861  abandonment.
  862         Section 18. For the purpose of incorporating the amendment
  863  made by this act to section 984.03, Florida Statutes, in
  864  references thereto, paragraph (c) of subsection (2) and
  865  paragraph (c) of subsection (3) of section 984.15, Florida
  866  Statutes, are reenacted to read:
  867         984.15 Petition for a child in need of services.—
  868         (2)
  869         (c) The petition shall be in writing, shall state the
  870  specific grounds under s. 984.03(9) by which the child is
  871  designated a child in need of services, and shall certify that
  872  the conditions prescribed in paragraph (a) have been met. The
  873  petition shall be signed by the petitioner under oath stating
  874  good faith in filing the petition and shall be signed by an
  875  attorney for the department.
  876         (3)
  877         (c) The petition must be in writing and must set forth
  878  specific facts alleging that the child is a child in need of
  879  services as defined in s. 984.03(9). The petition must also
  880  demonstrate that the parent, guardian, or legal custodian has in
  881  good faith, but unsuccessfully, participated in the services and
  882  processes described in ss. 984.11 and 984.12.
  883         Section 19. For the purpose of incorporating the amendment
  884  made by this act to section 984.14, Florida Statutes, in a
  885  reference thereto, subsection (3) of section 984.13, Florida
  886  Statutes, is reenacted to read:
  887         984.13 Taking into custody a child alleged to be from a
  888  family in need of services or to be a child in need of
  889  services.—
  890         (3) If the child is taken into custody by, or is delivered
  891  to, the department, the appropriate representative of the
  892  department shall review the facts and make such further inquiry
  893  as necessary to determine whether the child shall remain in
  894  custody or be released. Unless shelter is required as provided
  895  in s. 984.14(1), the department shall:
  896         (a) Release the child to his or her parent, guardian, or
  897  legal custodian, to a responsible adult relative, to a
  898  responsible adult approved by the department, or to a
  899  department-approved family-in-need-of-services and child-in
  900  need-of-services provider; or
  901         (b) Authorize temporary services and treatment that would
  902  allow the child alleged to be from a family in need of services
  903  to remain at home.
  904         Section 20. For the purpose of incorporating the amendment
  905  made by this act to section 985.03, Florida Statutes, in a
  906  reference thereto, paragraph (d) of subsection (1) of section
  907  419.001, Florida Statutes, is reenacted to read:
  908         419.001 Site selection of community residential homes.—
  909         (1) For the purposes of this section, the following
  910  definitions shall apply:
  911         (d) “Resident” means any of the following: a frail elder as
  912  defined in s. 429.65; a physically disabled or handicapped
  913  person as defined in s. 760.22(7)(a); a developmentally disabled
  914  person as defined in s. 393.063; a nondangerous mentally ill
  915  person as defined in s. 394.455(18); or a child who is found to
  916  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  917  need of services as defined in s. 984.03 or s. 985.03.
  918         Section 21. This act shall take effect July 1, 2010.

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