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       Florida Senate - 2010                             CS for SB 1072
       
       
       
       By the Committee on Criminal and Civil Justice Appropriations;
       and Senator Wise
       
       
       
       604-04277-10                                          20101072c1
    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; reenacting ss. 419.001(1)(d),
   84         984.04(5), and 984.15(2)(c) and (3)(c), F.S., relating
   85         to community residential homes, families and children
   86         in need of services, and filing decisions available to
   87         a state attorney, respectively, to incorporate the
   88         amendment made to s. 984.03, F.S., in references
   89         thereto; reenacting s. 984.13(3), F.S., relating to
   90         taking a child into custody, to incorporate the
   91         amendment made to s. 984.14, F.S., in a reference
   92         thereto; reenacting s. 419.001(1)(d), F.S., relating
   93         to community residential homes, to incorporate the
   94         amendment made to s. 985.03, F.S., in a reference
   95         thereto; providing an effective date.
   96  
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (i) is added to subsection (4) of
  100  section 394.492, Florida Statutes, to read:
  101         394.492 Definitions.—As used in ss. 394.490-394.497, the
  102  term:
  103         (4) “Child or adolescent at risk of emotional disturbance”
  104  means a person under 18 years of age who has an increased
  105  likelihood of becoming emotionally disturbed because of risk
  106  factors that include, but are not limited to:
  107         (i)Being 9 years of age or younger at the time of referral
  108  for a delinquent act.
  109         Section 2. Subsections (9) and (25) of section 984.03,
  110  Florida Statutes, are amended to read:
  111         984.03 Definitions.—When used in this chapter, the term:
  112         (9) “Child in need of services” means a child for whom
  113  there is no pending investigation into an allegation or
  114  suspicion of abuse, neglect, or abandonment; no pending referral
  115  alleging that the child is delinquent, except if the child is 9
  116  years of age or younger at the time of referral to the
  117  department; or no current supervision by the department of
  118  Juvenile Justice or the Department of Children and Family
  119  Services for an adjudication of dependency or delinquency. The
  120  child must also, pursuant to this chapter, be found by the
  121  court:
  122         (a) To have persistently run away from the child’s parents
  123  or legal custodians despite reasonable efforts of the child, the
  124  parents or legal custodians, and appropriate agencies to remedy
  125  the conditions contributing to the behavior. Reasonable efforts
  126  shall include voluntary participation by the child’s parents or
  127  legal custodians and the child in family mediation, services,
  128  and treatment offered by the department of Juvenile Justice or
  129  the Department of Children and Family Services;
  130         (b) To be habitually truant from school, while subject to
  131  compulsory school attendance, despite reasonable efforts to
  132  remedy the situation pursuant to ss. 1003.26 and 1003.27 and
  133  through voluntary participation by the child’s parents or legal
  134  custodians and by the child in family mediation, services, and
  135  treatment offered by the department of Juvenile Justice or the
  136  Department of Children and Family Services; or
  137         (c) To have persistently disobeyed the reasonable and
  138  lawful demands of the child’s parents or legal custodians, and
  139  to be beyond their control despite efforts by the child’s
  140  parents or legal custodians and appropriate agencies to remedy
  141  the conditions contributing to the behavior. Reasonable efforts
  142  may include such things as good faith participation in family or
  143  individual counseling; or.
  144         (d)To be 9 years of age or younger and have been referred
  145  to the department for committing a delinquent act.
  146         (25) “Family in need of services” means a family that has a
  147  child who is running away; who is persistently disobeying
  148  reasonable and lawful demands of the parent or legal custodian
  149  and is beyond the control of the parent or legal custodian; or
  150  who is habitually truant from school or engaging in other
  151  serious behaviors that place the child at risk of future abuse,
  152  neglect, or abandonment or at risk of entering the juvenile
  153  justice system; or who is 9 years of age or younger and being
  154  referred to the department for a delinquent act. The child must
  155  be referred to a law enforcement agency, the department of
  156  Juvenile Justice, or an agency contracted to provide services to
  157  children in need of services. A family is not eligible to
  158  receive services if, at the time of the referral, there is an
  159  open investigation into an allegation of abuse, neglect, or
  160  abandonment or if the child is currently under supervision by
  161  the department of Juvenile Justice or the Department of Children
  162  and Family Services due to an adjudication of dependency or
  163  delinquency.
  164         Section 3. Subsection (1) of section 984.14, Florida
  165  Statutes, is amended to read:
  166         984.14 Shelter placement; hearing.—
  167         (1) Unless ordered by the court pursuant to the provisions
  168  of this chapter, or upon voluntary consent to placement by the
  169  child and the child’s parent, legal guardian, or custodian, a
  170  child taken into custody may shall not be placed in a shelter
  171  prior to a court hearing unless the child is taken into custody
  172  for a misdemeanor domestic violence charge and is eligible to be
  173  held in secure detention or a determination has been made that
  174  the provision of appropriate and available services will not
  175  eliminate the need for placement and that such placement is
  176  required:
  177         (a) To provide an opportunity for the child and family to
  178  agree upon conditions for the child’s return home, when
  179  immediate placement in the home would result in a substantial
  180  likelihood that the child and family would not reach an
  181  agreement; or
  182         (b) Because a parent, custodian, or guardian is unavailable
  183  to take immediate custody of the child.
  184         Section 4. Subsections (9), (10), and (11) are added to
  185  section 985.02, Florida Statutes, to read:
  186         985.02 Legislative intent for the juvenile justice system.—
  187  (9)CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature finds
  188  that very young children need age-appropriate services in order
  189  to prevent and reduce future acts of delinquency. Children who
  190  are 9 years of age or younger should be diverted into prearrest
  191  or postarrest programs, civil citation programs, or children-in
  192  need-of-services and families-in-need-of-services programs, as
  193  appropriate. If, upon findings from the needs assessment, the
  194  child is found to be in need of mental health services or
  195  substance abuse treatment services, the department shall
  196  cooperate with the parent or legal guardian and the Department
  197  of Children and Family Services, as appropriate, to identify the
  198  most appropriate services and supports and available funding
  199  sources to meet the needs of the child.
  200         (10)RESTORATIVE JUSTICE.—
  201         (a)It is the intent of the Legislature that the juvenile
  202  justice system advance the principles of restorative justice.
  203  The department shall focus on repairing the harm to victims of
  204  delinquent behavior by ensuring that the child understands the
  205  effect of his or her delinquent behavior on the victim and the
  206  community and that the child restore the losses of his or her
  207  victim.
  208         (b)Offender accountability is one of the principles of
  209  restorative justice. The premise of this principle is that the
  210  juvenile justice system must respond to delinquent behavior in
  211  such a way that the offender is made aware of and takes
  212  responsibility for repaying or restoring loss, damage, or injury
  213  perpetrated upon the victim and the community. This goal is
  214  achieved when the offender understands the consequences of
  215  delinquent behaviors in terms of harm to others, and when the
  216  offender makes amends for the harm, loss, or damage through
  217  restitution, community service, or other appropriate repayment.
  218         Section 5. Subsections (7) and (23) of section 985.03,
  219  Florida Statutes, are amended to read:
  220         985.03 Definitions.—As used in this chapter, the term:
  221         (7) “Child in need of services” means a child for whom
  222  there is no pending investigation into an allegation or
  223  suspicion of abuse, neglect, or abandonment; no pending referral
  224  alleging that the child is delinquent, except if the child is 9
  225  years of age or younger at the time of referral to the
  226  department; or no current supervision by the department or the
  227  Department of Children and Family Services for an adjudication
  228  of dependency or delinquency. The child must also, under this
  229  chapter, be found by the court:
  230         (a) To have persistently run away from the child’s parents
  231  or legal custodians despite reasonable efforts of the child, the
  232  parents or legal custodians, and appropriate agencies to remedy
  233  the conditions contributing to the behavior. Reasonable efforts
  234  shall include voluntary participation by the child’s parents or
  235  legal custodians and the child in family mediation, services,
  236  and treatment offered by the department or the Department of
  237  Children and Family Services;
  238         (b) To be habitually truant from school, while subject to
  239  compulsory school attendance, despite reasonable efforts to
  240  remedy the situation under ss. 1003.26 and 1003.27 and through
  241  voluntary participation by the child’s parents or legal
  242  custodians and by the child in family mediation, services, and
  243  treatment offered by the department of Juvenile Justice or the
  244  Department of Children and Family Services; or
  245         (c) To have persistently disobeyed the reasonable and
  246  lawful demands of the child’s parents or legal custodians, and
  247  to be beyond their control despite efforts by the child’s
  248  parents or legal custodians and appropriate agencies to remedy
  249  the conditions contributing to the behavior. Reasonable efforts
  250  may include such things as good faith participation in family or
  251  individual counseling; or
  252         (d) To be 9 years of age or younger and have been referred
  253  to the department for a delinquent act.
  254         (23) “Family in need of services” means a family that has a
  255  child for whom there is no pending investigation into an
  256  allegation of abuse, neglect, or abandonment or no current
  257  supervision by the department or the Department of Children and
  258  Family Services for an adjudication of dependency or
  259  delinquency. The child must also have been referred to a law
  260  enforcement agency or the department for:
  261         (a) Running away from parents or legal custodians;
  262         (b) Persistently disobeying reasonable and lawful demands
  263  of parents or legal custodians, and being beyond their control;
  264  or
  265         (c) Habitual truancy from school; or
  266         (d)Being 9 years of age or younger and being referred for
  267  a delinquent act.
  268         Section 6. Subsection (1) of section 985.125, Florida
  269  Statutes, is amended to read:
  270         985.125 Prearrest or postarrest diversion programs.—
  271         (1) A law enforcement agency, or school district, county,
  272  municipality, or the department, in cooperation with the state
  273  attorney, is encouraged to may establish a prearrest or
  274  postarrest diversion programs. Youth who are taken into custody
  275  for first-time misdemeanor offenses or offenders who are 9 years
  276  of age or younger should be given an opportunity to participate
  277  in prearrest or postarrest diversion programs program.
  278         Section 7. Paragraph (d) of subsection (1) of section
  279  985.145, Florida Statutes, is amended to read:
  280         985.145 Responsibilities of juvenile probation officer
  281  during intake; screenings and assessments.—
  282         (1) The juvenile probation officer shall serve as the
  283  primary case manager for the purpose of managing, coordinating,
  284  and monitoring the services provided to the child. Each program
  285  administrator within the Department of Children and Family
  286  Services shall cooperate with the primary case manager in
  287  carrying out the duties and responsibilities described in this
  288  section. In addition to duties specified in other sections and
  289  through departmental rules, the assigned juvenile probation
  290  officer shall be responsible for the following:
  291         (d) Completing risk assessment instrument.—The juvenile
  292  probation officer shall ensure that a risk assessment instrument
  293  establishing the child’s eligibility for detention has been
  294  accurately completed and that the appropriate recommendation was
  295  made to the court. If, upon completion of the risk assessment
  296  instrument, the child is ineligible for secure detention based
  297  on the criteria in s. 985.24(2)(e), the juvenile probation
  298  officer shall make a referral to the appropriate shelter for a
  299  child in need of services or family in need of services.
  300         Section 8. Section 985.24, Florida Statutes, is amended to
  301  read:
  302         985.24 Use of detention; prohibitions.—
  303         (1) All determinations and court orders regarding the use
  304  of secure, nonsecure, or home detention must shall be based
  305  primarily upon findings that the child:
  306         (a) Presents a substantial risk of not appearing at a
  307  subsequent hearing;
  308         (b) Presents a substantial risk of inflicting bodily harm
  309  on others as evidenced by recent behavior;
  310         (c) Presents a history of committing a property offense
  311  prior to adjudication, disposition, or placement;
  312         (d) Has committed contempt of court by:
  313         1. Intentionally disrupting the administration of the
  314  court;
  315         2. Intentionally disobeying a court order; or
  316         3. Engaging in a punishable act or speech in the court’s
  317  presence which shows disrespect for the authority and dignity of
  318  the court; or
  319         (e) Requests protection from imminent bodily harm.
  320         (2) A child alleged to have committed a delinquent act or
  321  violation of law may not be placed into secure, nonsecure, or
  322  home detention care for any of the following reasons:
  323         (a) To allow a parent to avoid his or her legal
  324  responsibility.
  325         (b) To permit more convenient administrative access to the
  326  child.
  327         (c) To facilitate further interrogation or investigation.
  328         (d) Due to a lack of more appropriate facilities.
  329         (e)Due to a misdemeanor charge of domestic violence if the
  330  child lives in a family that has a history of family violence,
  331  as defined in s. 741.28, or if the child is a victim of abuse or
  332  neglect, as defined in s. 39.01, and the decision to place the
  333  child in secure detention is mitigated by the history of trauma
  334  faced by the child, unless the child would otherwise be subject
  335  to secure detention based on his or her prior history.
  336         (3) A child alleged to be dependent under chapter 39 may
  337  not, under any circumstances, be placed into secure detention
  338  care.
  339         (4)A child 9 years of age or younger may not be placed
  340  into secure detention care unless the child is charged with a
  341  capital felony, a life felony, or a felony of the first degree.
  342         (5)(4) The department shall continue to identify
  343  alternatives to secure detention care and shall develop such
  344  alternatives and annually submit them to the Legislature for
  345  authorization and appropriation.
  346         Section 9. Paragraph (a) of subsection (2) of section
  347  985.245, Florida Statutes, is amended to read:
  348         985.245 Risk assessment instrument.—
  349         (2)(a) The risk assessment instrument for detention care
  350  placement determinations and court orders shall be developed by
  351  the department in agreement with a statewide committee composed
  352  of representatives appointed by the following associations: the
  353  Conference of Circuit Judges of Florida, the Prosecuting
  354  Attorneys Association, the Public Defenders Association, the
  355  Florida Sheriffs Association, and the Florida Association of
  356  Chiefs of Police. Each association shall appoint two
  357  individuals, one representing an urban area and one representing
  358  a rural area. In addition, the committee shall include two
  359  representatives from child advocacy organizations appointed by
  360  the secretary of the department. The parties involved shall
  361  evaluate and revise the risk assessment instrument as is
  362  considered necessary using the method for revision as agreed by
  363  the parties.
  364         Section 10. Section 985.255, Florida Statutes, is amended
  365  to read:
  366         985.255 Detention criteria; detention hearing.—
  367         (1) Subject to s. 985.25(1), a child taken into custody and
  368  placed into nonsecure or home detention care or detained in
  369  secure detention care before prior to a detention hearing may
  370  continue to be detained by the court if:
  371         (a) The child is alleged to be an escapee from a
  372  residential commitment program; or an absconder from a
  373  nonresidential commitment program, a probation program, or
  374  conditional release supervision; or is alleged to have escaped
  375  while being lawfully transported to or from a residential
  376  commitment program.
  377         (b) The child is wanted in another jurisdiction for an
  378  offense which, if committed by an adult, would be a felony.
  379         (c) The child is charged with a delinquent act or violation
  380  of law and requests in writing through legal counsel to be
  381  detained for protection from an imminent physical threat to his
  382  or her personal safety.
  383         (d) The child is charged with committing a felony an
  384  offense of domestic violence as defined in s. 741.28 and is
  385  detained as provided in subsection (2).
  386         (e) The child is charged with possession or discharging a
  387  firearm on school property in violation of s. 790.115.
  388         (f) The child is charged with a capital felony, a life
  389  felony, a felony of the first degree, a felony of the second
  390  degree that does not involve a violation of chapter 893, or a
  391  felony of the third degree that is also a crime of violence,
  392  including any such offense involving the use or possession of a
  393  firearm.
  394         (g) The child is charged with any second degree or third
  395  degree felony involving a violation of chapter 893 or any third
  396  degree felony that is not also a crime of violence, and the
  397  child:
  398         1. Has a record of failure to appear at court hearings
  399  after being properly notified in accordance with the Rules of
  400  Juvenile Procedure;
  401         2. Has a record of law violations prior to court hearings;
  402         3. Has already been detained or has been released and is
  403  awaiting final disposition of the case;
  404         4. Has a record of violent conduct resulting in physical
  405  injury to others; or
  406         5. Is found to have been in possession of a firearm.
  407         (h) The child is alleged to have violated the conditions of
  408  the child’s probation or conditional release supervision.
  409  However, a child detained under this paragraph may be held only
  410  in a consequence unit as provided in s. 985.439. If a
  411  consequence unit is not available, the child shall be placed on
  412  home detention with electronic monitoring.
  413         (i) The child is detained on a judicial order for failure
  414  to appear and has previously willfully failed to appear, after
  415  proper notice, for an adjudicatory hearing on the same case
  416  regardless of the results of the risk assessment instrument. A
  417  child may be held in secure detention for up to 72 hours in
  418  advance of the next scheduled court hearing pursuant to this
  419  paragraph. The child’s failure to keep the clerk of court and
  420  defense counsel informed of a current and valid mailing address
  421  where the child will receive notice to appear at court
  422  proceedings does not provide an adequate ground for excusal of
  423  the child’s nonappearance at the hearings.
  424         (j) The child is detained on a judicial order for failure
  425  to appear and has previously willfully failed to appear, after
  426  proper notice, at two or more court hearings of any nature on
  427  the same case regardless of the results of the risk assessment
  428  instrument. A child may be held in secure detention for up to 72
  429  hours in advance of the next scheduled court hearing pursuant to
  430  this paragraph. The child’s failure to keep the clerk of court
  431  and defense counsel informed of a current and valid mailing
  432  address where the child will receive notice to appear at court
  433  proceedings does not provide an adequate ground for excusal of
  434  the child’s nonappearance at the hearings.
  435         (2) A child who is charged with committing a felony an
  436  offense of domestic violence as defined in s. 741.28 and who
  437  does not meet detention criteria may be held in secure detention
  438  if the court makes specific written findings that:
  439         (a) Respite care for the child is not available.
  440         (b) It is necessary to place the child in secure detention
  441  in order to protect the victim from injury.
  442  
  443  The child may not be held in secure detention under this
  444  subsection for more than 48 hours unless ordered by the court.
  445  After 48 hours, the court shall hold a hearing if the state
  446  attorney or victim requests that secure detention be continued.
  447  The child may continue to be held in detention care if the court
  448  makes a specific, written finding that detention care is
  449  necessary to protect the victim from injury. However, the child
  450  may not be held in detention care beyond the time limits set
  451  forth in this section or s. 985.26.
  452         (3)(a) A child who meets any of the criteria in subsection
  453  (1) and who is ordered to be detained under that subsection
  454  shall be given a hearing within 24 hours after being taken into
  455  custody. The purpose of the detention hearing is to determine
  456  the existence of probable cause that the child has committed the
  457  delinquent act or violation of law that he or she is charged
  458  with and the need for continued detention. Unless a child is
  459  detained under paragraph (1)(d) or paragraph (1)(e), the court
  460  shall use the results of the risk assessment performed by the
  461  juvenile probation officer and, based on the criteria in
  462  subsection (1), shall determine the need for continued
  463  detention. A child placed into secure, nonsecure, or home
  464  detention care may continue to be so detained by the court.
  465         (b) If the court orders a placement more restrictive than
  466  indicated by the results of the risk assessment instrument, the
  467  court shall state, in writing, clear and convincing reasons for
  468  such placement.
  469         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  470  when a child is placed into secure or nonsecure detention care,
  471  or into a respite home or other placement pursuant to a court
  472  order following a hearing, the court order must include specific
  473  instructions that direct the release of the child from such
  474  placement no later than 5 p.m. on the last day of the detention
  475  period specified in s. 985.26 or s. 985.27, whichever is
  476  applicable, unless the requirements of such applicable provision
  477  have been met or an order of continuance has been granted under
  478  s. 985.26(4).
  479         Section 11. Paragraph (e) is added to subsection (1) of
  480  section 985.441, Florida Statutes, to read:
  481         985.441 Commitment.—
  482         (1) The court that has jurisdiction of an adjudicated
  483  delinquent child may, by an order stating the facts upon which a
  484  determination of a sanction and rehabilitative program was made
  485  at the disposition hearing:
  486         (e)Commit the child to the department for placement in a
  487  mother-infant program designed to serve the needs of juvenile
  488  mothers or expectant juvenile mothers who are committed as
  489  delinquents. The department’s mother-infant program must be
  490  licensed as a child care facility in accordance with s. 402.308,
  491  and must provide the services and support necessary to enable
  492  the committed juvenile mothers to provide for the needs of their
  493  infants who, upon agreement of the mother, may accompany them in
  494  the program. The department shall adopt rules pursuant to ss.
  495  120.536(1) and 120.54 to govern the operation of such programs.
  496         Section 12. Subsection (1) of section 985.45, Florida
  497  Statutes, is amended to read:
  498         985.45 Liability and remuneration for work.—
  499         (1) Whenever a child is required by the court to
  500  participate in any work program under this part or whenever a
  501  child volunteers to work in a specified state, county,
  502  municipal, or community service organization supervised work
  503  program or to work for the victim, either as an alternative to
  504  monetary restitution or as a part of the rehabilitative or
  505  probation program, the child is an employee of the state for the
  506  purposes of chapter 440 liability.
  507         Section 13. Section 985.632, Florida Statutes, is amended
  508  to read:
  509         985.632 Program review and reporting requirements Quality
  510  assurance and cost-effectiveness.—
  511         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  512  that the department:
  513         (a) Ensure that information be provided to decisionmakers
  514  in a timely manner so that resources are allocated to programs
  515  that of the department which achieve desired performance levels.
  516         (b)Collect and analyze available statistical data for the
  517  purpose of ongoing evaluation of all programs.
  518         (c)(b) Provide information about the cost of such programs
  519  and their differential effectiveness so that program the quality
  520  may of such programs can be compared and improvements made
  521  continually.
  522         (d)(c) Provide information to aid in developing related
  523  policy issues and concerns.
  524         (e)(d) Provide information to the public about the
  525  effectiveness of such programs in meeting established goals and
  526  objectives.
  527         (f)(e) Provide a basis for a system of accountability so
  528  that each youth client is afforded the best programs to meet his
  529  or her needs.
  530         (g)(f) Improve service delivery to youth clients.
  531         (h)(g) Modify or eliminate activities that are not
  532  effective.
  533         (2) DEFINITIONS.—As used in this section, the term:
  534         (a) “Youth” “Client” means any person who is being provided
  535  treatment or services by the department or by a provider under
  536  contract with the department.
  537         (b)“Program” means any facility, service, or program for
  538  youth which is operated by the department or by a provider under
  539  contract with the department.
  540         (c)(b) “Program component” means an aggregation of
  541  generally related objectives which, because of their special
  542  character, related workload, and interrelated output, can
  543  logically be considered an entity for purposes of organization,
  544  management, accounting, reporting, and budgeting.
  545         (c) “Program effectiveness” means the ability of the
  546  program to achieve desired client outcomes, goals, and
  547  objectives.
  548         (d)“Program group” means a collection of programs having
  549  sufficient similarity of functions, services, and population to
  550  permit appropriate comparisons between programs within the
  551  group.
  552         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  553  shall use a standard methodology for annually measuring,
  554  evaluating, and reporting program outputs and youth outcomes for
  555  each program and program group. The department shall submit a
  556  report to the appropriate committees of the Legislature and the
  557  Governor by January 15 of each year. The department shall notify
  558  the Office of Program Policy Analysis and Government
  559  Accountability and each contract service provider of substantive
  560  changes to the methodology. The standard methodology must:
  561         (a)Define common terminology and operational definitions
  562  and methods by which to measure the performance of program
  563  outputs and outcomes.
  564         (b)Specify program outputs for each program and for each
  565  program group within the juvenile justice continuum.
  566         (c)Report cost data for each program operated or
  567  contracted by the department for the fiscal year corresponding
  568  to the program outputs and outcomes being reported. The
  569  department shall annually collect and report cost data for every
  570  program operated or contracted by the department. The cost data
  571  shall conform to a format approved by the department and the
  572  Legislature. Uniform cost data shall be reported and collected
  573  for state-operated and contracted programs so that comparisons
  574  can be made among programs. The department shall ensure that
  575  there is accurate cost accounting for state-operated services
  576  including market-equivalent rent and other shared cost. The cost
  577  of the educational program provided to a residential facility
  578  shall be reported and included in the cost of a program. The
  579  department shall submit an annual cost report to the President
  580  of the Senate, the Speaker of the House of Representatives, the
  581  Minority Leader of each house of the Legislature, the
  582  appropriate substantive and fiscal committees of each house of
  583  the Legislature, and the Governor, no later than December 1 of
  584  each year. Cost-benefit analysis for educational programs will
  585  be developed and implemented in collaboration with and in
  586  cooperation with the Department of Education, local providers,
  587  and local school districts. Cost data for the report shall
  588  include data collected by the Department of Education for the
  589  purposes of preparing the annual report required by s.
  590  1003.52(19).
  591         (4)(a)PROGRAM ACCOUNTABILITY MEASURES.—The department of
  592  Juvenile Justice, in consultation with the Office of Economic
  593  and Demographic Research, and contract service providers, shall
  594  develop a cost-effectiveness model and apply the program
  595  accountability measures analysis model to each commitment
  596  program and include the results in the comprehensive
  597  accountability report. Program recidivism rates shall be a
  598  component of the model.
  599         (a) The program accountability measures analysis cost
  600  effectiveness model shall compare program costs to expected and
  601  actual youth recidivism rates client outcomes and program
  602  outputs. It is the intent of the Legislature that continual
  603  development efforts take place to improve the validity and
  604  reliability of the cost-effectiveness model and to integrate the
  605  standard methodology developed under s. 985.401(4) for
  606  interpreting program outcome evaluations.
  607         (b) The department shall rank commitment programs based on
  608  the cost-effectiveness model and shall submit a report to the
  609  appropriate substantive and fiscal committees of each house of
  610  the Legislature by December 31 of each year.
  611         (b)(c) Based on reports of the department on client
  612  outcomes and program outputs and on the department’s most recent
  613  program accountability measures analysis cost-effectiveness
  614  rankings, the department may terminate its contract with or
  615  discontinue a commitment program operated by the department or a
  616  provider if the program has failed to achieve a minimum
  617  threshold of recidivism and cost-effectiveness program
  618  effectiveness. This paragraph does not preclude the department
  619  from terminating a contract as provided under this section or as
  620  otherwise provided by law or contract, and does not limit the
  621  department’s authority to enter into or terminate a contract.
  622         (c)(d)The department shall notify the Office of Program
  623  Policy Analysis and Government Accountability and each contract
  624  service provider of substantive changes to the program
  625  accountability measures analysis. In collaboration with the
  626  Office of Economic and Demographic Research, and contract
  627  service providers, the department shall develop a work plan to
  628  refine the cost-effectiveness model so that the model is
  629  consistent with the performance-based program budgeting measures
  630  approved by the Legislature to the extent the department deems
  631  appropriate. The department shall notify the Office of Program
  632  Policy Analysis and Government Accountability of any meetings to
  633  refine the model.
  634         (d)(e) Contingent upon specific appropriation, the
  635  department, in consultation with the Office of Economic and
  636  Demographic Research, and contract service providers, shall:
  637         1. Construct a profile of each commitment program that uses
  638  the results of the quality assurance report required by this
  639  section, the cost-effectiveness report required in this
  640  subsection, and other reports available to the department.
  641         2. Target, for a more comprehensive evaluation, any
  642  commitment program that has achieved consistently high, low, or
  643  disparate ratings in the reports required under subparagraph 1.
  644         3. Identify the essential factors that contribute to the
  645  high, low, or disparate program ratings.
  646         4. Use the results of these evaluations in developing or
  647  refining juvenile justice programs or program models, youth
  648  client outcomes and program outputs, provider contracts, quality
  649  assurance standards, and the cost-effectiveness model.
  650         (5) QUALITY ASSURANCE.—The department shall:
  651         (a) Establish a comprehensive quality assurance system for
  652  each program operated by the department or operated by a
  653  provider under contract with the department. Each contract
  654  entered into by the department must provide for quality
  655  assurance and include the results in the comprehensive
  656  accountability report.
  657         (b) Provide operational definitions of and criteria for
  658  quality assurance for each specific program component.
  659         (c) Establish quality assurance goals and objectives for
  660  each specific program component.
  661         (d) Establish the information and specific data elements
  662  required for the quality assurance program.
  663         (e) Develop a quality assurance manual of specific,
  664  standardized terminology and procedures to be followed by each
  665  program.
  666         (f) Evaluate each program operated by the department or a
  667  provider under a contract with the department and establish
  668  minimum thresholds for each program component. If a provider
  669  fails to meet the established minimum thresholds, such failure
  670  shall cause the department to cancel the provider’s contract
  671  unless the provider achieves compliance with minimum thresholds
  672  within 6 months or unless there are documented extenuating
  673  circumstances. In addition, the department may not contract with
  674  the same provider for the canceled service for a period of 12
  675  months. If a department-operated program fails to meet the
  676  established minimum thresholds, the department must take
  677  necessary and sufficient steps to ensure and document program
  678  changes to achieve compliance with the established minimum
  679  thresholds. If the department-operated program fails to achieve
  680  compliance with the established minimum thresholds within 6
  681  months and if there are no documented extenuating circumstances,
  682  the department must notify the Executive Office of the Governor
  683  and the Legislature of the corrective action taken. Appropriate
  684  corrective action may include, but is not limited to:
  685         1. Contracting out for the services provided in the
  686  program;
  687         2. Initiating appropriate disciplinary action against all
  688  employees whose conduct or performance is deemed to have
  689  materially contributed to the program’s failure to meet
  690  established minimum thresholds;
  691         3. Redesigning the program; or
  692         4. Realigning the program.
  693  
  694  The department shall submit an annual report to the President of
  695  the Senate, the Speaker of the House of Representatives, the
  696  Minority Leader of each house of the Legislature, the
  697  appropriate substantive and fiscal committees of each house of
  698  the Legislature, and the Governor, no later than February 1 of
  699  each year. The annual report must contain, at a minimum, for
  700  each specific program component: a comprehensive description of
  701  the population served by the program; a specific description of
  702  the services provided by the program; cost; a comparison of
  703  expenditures to federal and state funding; immediate and long
  704  range concerns; and recommendations to maintain, expand,
  705  improve, modify, or eliminate each program component so that
  706  changes in services lead to enhancement in program quality. The
  707  department shall ensure the reliability and validity of the
  708  information contained in the report.
  709         (6) The department shall collect and analyze available
  710  statistical data for the purpose of ongoing evaluation of all
  711  programs. The department shall provide the Legislature with
  712  necessary information and reports to enable the Legislature to
  713  make informed decisions regarding the effectiveness of, and any
  714  needed changes in, services, programs, policies, and laws.
  715         (7) No later than November 1, 2001, the department shall
  716  submit a proposal to the Legislature concerning funding
  717  incentives and disincentives for the department and for
  718  providers under contract with the department. The
  719  recommendations for funding incentives and disincentives shall
  720  be based upon both quality assurance performance and cost
  721  effectiveness performance. The proposal should strive to achieve
  722  consistency in incentives and disincentives for both department
  723  operated and contractor-provided programs. The department may
  724  include recommendations for the use of liquidated damages in the
  725  proposal; however, the department is not presently authorized to
  726  contract for liquidated damages in non-hardware-secure
  727  facilities until January 1, 2002.
  728         Section 14. Subsection (8) of section 985.664, Florida
  729  Statutes, is amended to read:
  730         985.664 Juvenile justice circuit boards and juvenile
  731  justice county councils.—
  732         (8) At any time after the adoption of initial bylaws
  733  pursuant to subsection (12), a juvenile justice circuit board
  734  may revise the bylaws to increase the number of members by not
  735  more than five three in order to adequately reflect the
  736  diversity of the population and community organizations or
  737  agencies in the circuit.
  738         Section 15. For the purpose of incorporating the amendment
  739  made by this act to section 984.03, Florida Statutes, in a
  740  reference thereto, paragraph (d) of subsection (1) of section
  741  419.001, Florida Statutes, is reenacted to read:
  742         419.001 Site selection of community residential homes.—
  743         (1) For the purposes of this section, the following
  744  definitions shall apply:
  745         (d) “Resident” means any of the following: a frail elder as
  746  defined in s. 429.65; a physically disabled or handicapped
  747  person as defined in s. 760.22(7)(a); a developmentally disabled
  748  person as defined in s. 393.063; a nondangerous mentally ill
  749  person as defined in s. 394.455(18); or a child who is found to
  750  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  751  need of services as defined in s. 984.03 or s. 985.03.
  752         Section 16. For the purpose of incorporating the amendment
  753  made by this act to section 984.03, Florida Statutes, in a
  754  reference thereto, subsection (5) of section 984.04, Florida
  755  Statutes, is reenacted to read:
  756         984.04 Families in need of services and children in need of
  757  services; procedures and jurisdiction.—
  758         (5) The circuit court shall have exclusive original
  759  jurisdiction of proceedings in which a child is alleged to be a
  760  child in need of services. When the jurisdiction of any child
  761  who has been found to be a child in need of services or the
  762  parent, custodian, or legal guardian of such a child is
  763  obtained, the court shall retain jurisdiction, unless
  764  relinquished by its order or unless the department withdraws its
  765  petition because the child no longer meets the definition of a
  766  child in need of services as defined in s. 984.03, until the
  767  child reaches 18 years of age. This subsection shall not be
  768  construed to prevent the exercise of jurisdiction by any other
  769  court having jurisdiction of the child if the child commits a
  770  violation of law, is the subject of the dependency provisions
  771  under this chapter, or is the subject of a pending investigation
  772  into an allegation or suspicion of abuse, neglect, or
  773  abandonment.
  774         Section 17. For the purpose of incorporating the amendment
  775  made by this act to section 984.03, Florida Statutes, in
  776  references thereto, paragraph (c) of subsection (2) and
  777  paragraph (c) of subsection (3) of section 984.15, Florida
  778  Statutes, are reenacted to read:
  779         984.15 Petition for a child in need of services.—
  780         (2)
  781         (c) The petition shall be in writing, shall state the
  782  specific grounds under s. 984.03(9) by which the child is
  783  designated a child in need of services, and shall certify that
  784  the conditions prescribed in paragraph (a) have been met. The
  785  petition shall be signed by the petitioner under oath stating
  786  good faith in filing the petition and shall be signed by an
  787  attorney for the department.
  788         (3)
  789         (c) The petition must be in writing and must set forth
  790  specific facts alleging that the child is a child in need of
  791  services as defined in s. 984.03(9). The petition must also
  792  demonstrate that the parent, guardian, or legal custodian has in
  793  good faith, but unsuccessfully, participated in the services and
  794  processes described in ss. 984.11 and 984.12.
  795         Section 18. For the purpose of incorporating the amendment
  796  made by this act to section 984.14, Florida Statutes, in a
  797  reference thereto, subsection (3) of section 984.13, Florida
  798  Statutes, is reenacted to read:
  799         984.13 Taking into custody a child alleged to be from a
  800  family in need of services or to be a child in need of
  801  services.—
  802         (3) If the child is taken into custody by, or is delivered
  803  to, the department, the appropriate representative of the
  804  department shall review the facts and make such further inquiry
  805  as necessary to determine whether the child shall remain in
  806  custody or be released. Unless shelter is required as provided
  807  in s. 984.14(1), the department shall:
  808         (a) Release the child to his or her parent, guardian, or
  809  legal custodian, to a responsible adult relative, to a
  810  responsible adult approved by the department, or to a
  811  department-approved family-in-need-of-services and child-in
  812  need-of-services provider; or
  813         (b) Authorize temporary services and treatment that would
  814  allow the child alleged to be from a family in need of services
  815  to remain at home.
  816         Section 19. For the purpose of incorporating the amendment
  817  made by this act to section 985.03, Florida Statutes, in a
  818  reference thereto, paragraph (d) of subsection (1) of section
  819  419.001, Florida Statutes, is reenacted to read:
  820         419.001 Site selection of community residential homes.—
  821         (1) For the purposes of this section, the following
  822  definitions shall apply:
  823         (d) “Resident” means any of the following: a frail elder as
  824  defined in s. 429.65; a physically disabled or handicapped
  825  person as defined in s. 760.22(7)(a); a developmentally disabled
  826  person as defined in s. 393.063; a nondangerous mentally ill
  827  person as defined in s. 394.455(18); or a child who is found to
  828  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  829  need of services as defined in s. 984.03 or s. 985.03.
  830         Section 20. This act shall take effect July 1, 2010.

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