December 04, 2020
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       CS for SB 1072                             First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20101072e1
       
    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 ineligible to
  173  be held in secure detention or a determination has been made
  174  that the provision of appropriate and available services will
  175  not 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
  188  finds that very young children need age-appropriate services in
  189  order to prevent and reduce future acts of delinquency. Children
  190  who are 9 years of age or younger should be diverted into
  191  prearrest or postarrest programs, civil citation programs, or
  192  children-in-need-of-services and families-in-need-of-services
  193  programs, or other programs, as appropriate. If, upon findings
  194  from the needs assessment, the child is found to be in need of
  195  mental health services or substance abuse treatment services,
  196  the department shall cooperate with the parent or legal guardian
  197  and the Department of Children and Family Services, as
  198  appropriate, to identify the most appropriate services and
  199  supports and available funding sources to meet the needs of the
  200  child.
  201         (10)RESTORATIVE JUSTICE.—
  202         (a)It is the intent of the Legislature that the juvenile
  203  justice system advance the principles of restorative justice.
  204  The department shall focus on repairing the harm to victims of
  205  delinquent behavior by ensuring that the child understands the
  206  effect of his or her delinquent behavior on the victim and the
  207  community and that the child restore the losses of his or her
  208  victim.
  209         (b)Offender accountability is one of the principles of
  210  restorative justice. The premise of this principle is that the
  211  juvenile justice system must respond to delinquent behavior in
  212  such a way that the offender is made aware of and takes
  213  responsibility for repaying or restoring loss, damage, or injury
  214  perpetrated upon the victim and the community. This goal is
  215  achieved when the offender understands the consequences of
  216  delinquent behaviors in terms of harm to others, and when the
  217  offender makes amends for the harm, loss, or damage through
  218  restitution, community service, or other appropriate repayment.
  219         Section 5. Subsections (7) and (23) of section 985.03,
  220  Florida Statutes, are amended to read:
  221         985.03 Definitions.—As used in this chapter, the term:
  222         (7) “Child in need of services” means a child for whom
  223  there is no pending investigation into an allegation or
  224  suspicion of abuse, neglect, or abandonment; no pending referral
  225  alleging that the child is delinquent, except if the child is 9
  226  years of age or younger at the time of referral to the
  227  department; or no current supervision by the department or the
  228  Department of Children and Family Services for an adjudication
  229  of dependency or delinquency. The child must also, under this
  230  chapter, be found by the court:
  231         (a) To have persistently run away from the child’s parents
  232  or legal custodians despite reasonable efforts of the child, the
  233  parents or legal custodians, and appropriate agencies to remedy
  234  the conditions contributing to the behavior. Reasonable efforts
  235  shall include voluntary participation by the child’s parents or
  236  legal custodians and the child in family mediation, services,
  237  and treatment offered by the department or the Department of
  238  Children and Family Services;
  239         (b) To be habitually truant from school, while subject to
  240  compulsory school attendance, despite reasonable efforts to
  241  remedy the situation under ss. 1003.26 and 1003.27 and through
  242  voluntary participation by the child’s parents or legal
  243  custodians and by the child in family mediation, services, and
  244  treatment offered by the department of Juvenile Justice or the
  245  Department of Children and Family Services; or
  246         (c) To have persistently disobeyed the reasonable and
  247  lawful demands of the child’s parents or legal custodians, and
  248  to be beyond their control despite efforts by the child’s
  249  parents or legal custodians and appropriate agencies to remedy
  250  the conditions contributing to the behavior. Reasonable efforts
  251  may include such things as good faith participation in family or
  252  individual counseling; or
  253         (d) To be 9 years of age or younger and have been referred
  254  to the department for a delinquent act.
  255         (23) “Family in need of services” means a family that has a
  256  child for whom there is no pending investigation into an
  257  allegation of abuse, neglect, or abandonment or no current
  258  supervision by the department or the Department of Children and
  259  Family Services for an adjudication of dependency or
  260  delinquency. The child must also have been referred to a law
  261  enforcement agency or the department for:
  262         (a) Running away from parents or legal custodians;
  263         (b) Persistently disobeying reasonable and lawful demands
  264  of parents or legal custodians, and being beyond their control;
  265  or
  266         (c) Habitual truancy from school; or
  267         (d)Being 9 years of age or younger and being referred for
  268  a delinquent act.
  269         Section 6. Subsection (1) of section 985.125, Florida
  270  Statutes, is amended to read:
  271         985.125 Prearrest or postarrest diversion programs.—
  272         (1) A law enforcement agency, or school district, county,
  273  municipality, or the department, in cooperation with the state
  274  attorney, is encouraged to may establish a prearrest or
  275  postarrest diversion programs. Youth who are taken into custody
  276  for first-time misdemeanor offenses or offenders who are 9 years
  277  of age or younger should be given an opportunity to participate
  278  in prearrest or postarrest diversion programs program.
  279         Section 7. Paragraph (d) of subsection (1) of section
  280  985.145, Florida Statutes, is amended to read:
  281         985.145 Responsibilities of juvenile probation officer
  282  during intake; screenings and assessments.—
  283         (1) The juvenile probation officer shall serve as the
  284  primary case manager for the purpose of managing, coordinating,
  285  and monitoring the services provided to the child. Each program
  286  administrator within the Department of Children and Family
  287  Services shall cooperate with the primary case manager in
  288  carrying out the duties and responsibilities described in this
  289  section. In addition to duties specified in other sections and
  290  through departmental rules, the assigned juvenile probation
  291  officer shall be responsible for the following:
  292         (d) Completing risk assessment instrument.—The juvenile
  293  probation officer shall ensure that a risk assessment instrument
  294  establishing the child’s eligibility for detention has been
  295  accurately completed and that the appropriate recommendation was
  296  made to the court. If, upon completion of the risk assessment
  297  instrument, the child is ineligible for secure detention based
  298  on the criteria in s. 985.24(2)(e), the juvenile probation
  299  officer shall make a referral to the appropriate shelter for a
  300  child in need of services or family in need of services.
  301         Section 8. Section 985.24, Florida Statutes, is amended to
  302  read:
  303         985.24 Use of detention; prohibitions.—
  304         (1) All determinations and court orders regarding the use
  305  of secure, nonsecure, or home detention must shall be based
  306  primarily upon findings that the child:
  307         (a) Presents a substantial risk of not appearing at a
  308  subsequent hearing;
  309         (b) Presents a substantial risk of inflicting bodily harm
  310  on others as evidenced by recent behavior;
  311         (c) Presents a history of committing a property offense
  312  prior to adjudication, disposition, or placement;
  313         (d) Has committed contempt of court by:
  314         1. Intentionally disrupting the administration of the
  315  court;
  316         2. Intentionally disobeying a court order; or
  317         3. Engaging in a punishable act or speech in the court’s
  318  presence which shows disrespect for the authority and dignity of
  319  the court; or
  320         (e) Requests protection from imminent bodily harm.
  321         (2) A child alleged to have committed a delinquent act or
  322  violation of law may not be placed into secure, nonsecure, or
  323  home detention care for any of the following reasons:
  324         (a) To allow a parent to avoid his or her legal
  325  responsibility.
  326         (b) To permit more convenient administrative access to the
  327  child.
  328         (c) To facilitate further interrogation or investigation.
  329         (d) Due to a lack of more appropriate facilities.
  330         (e)Due to a misdemeanor charge of domestic violence if the
  331  child lives in a family that has a history of family violence,
  332  as defined in s. 741.28, or if the child is a victim of abuse or
  333  neglect, as defined in s. 39.01, and the decision to place the
  334  child in secure detention is mitigated by the history of trauma
  335  faced by the child, unless the child would otherwise be subject
  336  to secure detention based on his or her prior history.
  337         (3) A child alleged to be dependent under chapter 39 may
  338  not, under any circumstances, be placed into secure detention
  339  care.
  340         (4)A child 9 years of age or younger may not be placed
  341  into secure detention care unless the child is charged with a
  342  capital felony, a life felony, or a felony of the first degree.
  343         (5)(4) The department shall continue to identify
  344  alternatives to secure detention care and shall develop such
  345  alternatives and annually submit them to the Legislature for
  346  authorization and appropriation.
  347         Section 9. Paragraph (a) of subsection (2) of section
  348  985.245, Florida Statutes, is amended to read:
  349         985.245 Risk assessment instrument.—
  350         (2)(a) The risk assessment instrument for detention care
  351  placement determinations and court orders shall be developed by
  352  the department in agreement with a statewide committee composed
  353  of representatives appointed by the following associations: the
  354  Conference of Circuit Judges of Florida, the Prosecuting
  355  Attorneys Association, the Public Defenders Association, the
  356  Florida Sheriffs Association, and the Florida Association of
  357  Chiefs of Police. Each association shall appoint two
  358  individuals, one representing an urban area and one representing
  359  a rural area. In addition, the committee shall include two
  360  representatives from child advocacy organizations appointed by
  361  the secretary of the department. The parties involved shall
  362  evaluate and revise the risk assessment instrument as is
  363  considered necessary using the method for revision as agreed by
  364  the parties.
  365         Section 10. Section 985.255, Florida Statutes, is amended
  366  to read:
  367         985.255 Detention criteria; detention hearing.—
  368         (1) Subject to s. 985.25(1), a child taken into custody and
  369  placed into nonsecure or home detention care or detained in
  370  secure detention care before prior to a detention hearing may
  371  continue to be detained by the court if:
  372         (a) The child is alleged to be an escapee from a
  373  residential commitment program; or an absconder from a
  374  nonresidential commitment program, a probation program, or
  375  conditional release supervision; or is alleged to have escaped
  376  while being lawfully transported to or from a residential
  377  commitment program.
  378         (b) The child is wanted in another jurisdiction for an
  379  offense which, if committed by an adult, would be a felony.
  380         (c) The child is charged with a delinquent act or violation
  381  of law and requests in writing through legal counsel to be
  382  detained for protection from an imminent physical threat to his
  383  or her personal safety.
  384         (d) The child is charged with committing a felony an
  385  offense of domestic violence as defined in s. 741.28 and is
  386  detained as provided in subsection (2).
  387         (e) The child is charged with possession or discharging a
  388  firearm on school property in violation of s. 790.115.
  389         (f) The child is charged with a capital felony, a life
  390  felony, a felony of the first degree, a felony of the second
  391  degree that does not involve a violation of chapter 893, or a
  392  felony of the third degree that is also a crime of violence,
  393  including any such offense involving the use or possession of a
  394  firearm.
  395         (g) The child is charged with any second degree or third
  396  degree felony involving a violation of chapter 893 or any third
  397  degree felony that is not also a crime of violence, and the
  398  child:
  399         1. Has a record of failure to appear at court hearings
  400  after being properly notified in accordance with the Rules of
  401  Juvenile Procedure;
  402         2. Has a record of law violations prior to court hearings;
  403         3. Has already been detained or has been released and is
  404  awaiting final disposition of the case;
  405         4. Has a record of violent conduct resulting in physical
  406  injury to others; or
  407         5. Is found to have been in possession of a firearm.
  408         (h) The child is alleged to have violated the conditions of
  409  the child’s probation or conditional release supervision.
  410  However, a child detained under this paragraph may be held only
  411  in a consequence unit as provided in s. 985.439. If a
  412  consequence unit is not available, the child shall be placed on
  413  home detention with electronic monitoring.
  414         (i) The child is detained on a judicial order for failure
  415  to appear and has previously willfully failed to appear, after
  416  proper notice, for an adjudicatory hearing on the same case
  417  regardless of the results of the risk assessment instrument. A
  418  child may be held in secure detention for up to 72 hours in
  419  advance of the next scheduled court hearing pursuant to this
  420  paragraph. The child’s failure to keep the clerk of court and
  421  defense counsel informed of a current and valid mailing address
  422  where the child will receive notice to appear at court
  423  proceedings does not provide an adequate ground for excusal of
  424  the child’s nonappearance at the hearings.
  425         (j) The child is detained on a judicial order for failure
  426  to appear and has previously willfully failed to appear, after
  427  proper notice, at two or more court hearings of any nature on
  428  the same case regardless of the results of the risk assessment
  429  instrument. A child may be held in secure detention for up to 72
  430  hours in advance of the next scheduled court hearing pursuant to
  431  this paragraph. The child’s failure to keep the clerk of court
  432  and defense counsel informed of a current and valid mailing
  433  address where the child will receive notice to appear at court
  434  proceedings does not provide an adequate ground for excusal of
  435  the child’s nonappearance at the hearings.
  436         (2) A child who is charged with committing a felony an
  437  offense of domestic violence as defined in s. 741.28 and who
  438  does not meet detention criteria may be held in secure detention
  439  if the court makes specific written findings that:
  440         (a) Respite care for the child is not available.
  441         (b) It is necessary to place the child in secure detention
  442  in order to protect the victim from injury.
  443  
  444  The child may not be held in secure detention under this
  445  subsection for more than 48 hours unless ordered by the court.
  446  After 48 hours, the court shall hold a hearing if the state
  447  attorney or victim requests that secure detention be continued.
  448  The child may continue to be held in detention care if the court
  449  makes a specific, written finding that detention care is
  450  necessary to protect the victim from injury. However, the child
  451  may not be held in detention care beyond the time limits set
  452  forth in this section or s. 985.26.
  453         (3)(a) A child who meets any of the criteria in subsection
  454  (1) and who is ordered to be detained under that subsection
  455  shall be given a hearing within 24 hours after being taken into
  456  custody. The purpose of the detention hearing is to determine
  457  the existence of probable cause that the child has committed the
  458  delinquent act or violation of law that he or she is charged
  459  with and the need for continued detention. Unless a child is
  460  detained under paragraph (1)(d) or paragraph (1)(e), the court
  461  shall use the results of the risk assessment performed by the
  462  juvenile probation officer and, based on the criteria in
  463  subsection (1), shall determine the need for continued
  464  detention. A child placed into secure, nonsecure, or home
  465  detention care may continue to be so detained by the court.
  466         (b) If the court orders a placement more restrictive than
  467  indicated by the results of the risk assessment instrument, the
  468  court shall state, in writing, clear and convincing reasons for
  469  such placement.
  470         (c) Except as provided in s. 790.22(8) or in s. 985.27,
  471  when a child is placed into secure or nonsecure detention care,
  472  or into a respite home or other placement pursuant to a court
  473  order following a hearing, the court order must include specific
  474  instructions that direct the release of the child from such
  475  placement no later than 5 p.m. on the last day of the detention
  476  period specified in s. 985.26 or s. 985.27, whichever is
  477  applicable, unless the requirements of such applicable provision
  478  have been met or an order of continuance has been granted under
  479  s. 985.26(4).
  480         Section 11. Paragraph (e) is added to subsection (1) of
  481  section 985.441, Florida Statutes, to read:
  482         985.441 Commitment.—
  483         (1) The court that has jurisdiction of an adjudicated
  484  delinquent child may, by an order stating the facts upon which a
  485  determination of a sanction and rehabilitative program was made
  486  at the disposition hearing:
  487         (e)Commit the child to the department for placement in a
  488  mother-infant program designed to serve the needs of juvenile
  489  mothers or expectant juvenile mothers who are committed as
  490  delinquents. The department’s mother-infant program must be
  491  licensed as a child care facility in accordance with s. 402.308,
  492  and must provide the services and support necessary to enable
  493  the committed juvenile mothers to provide for the needs of their
  494  infants who, upon agreement of the mother, may accompany them in
  495  the program. The department shall adopt rules pursuant to ss.
  496  120.536(1) and 120.54 to govern the operation of such programs.
  497         Section 12. Subsection (1) of section 985.45, Florida
  498  Statutes, is amended to read:
  499         985.45 Liability and remuneration for work.—
  500         (1) Whenever a child is required by the court to
  501  participate in any work program under this part or whenever a
  502  child volunteers to work in a specified state, county,
  503  municipal, or community service organization supervised work
  504  program or to work for the victim, either as an alternative to
  505  monetary restitution or as a part of the rehabilitative or
  506  probation program, the child is an employee of the state for the
  507  purposes of chapter 440 liability.
  508         Section 13. Section 985.632, Florida Statutes, is amended
  509  to read:
  510         985.632 Program review and reporting requirements Quality
  511  assurance and cost-effectiveness.—
  512         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  513  that the department:
  514         (a) Ensure that information be provided to decisionmakers
  515  in a timely manner so that resources are allocated to programs
  516  that of the department which achieve desired performance levels.
  517         (b)Collect and analyze available statistical data for the
  518  purpose of ongoing evaluation of all programs.
  519         (c)(b) Provide information about the cost of such programs
  520  and their differential effectiveness so that program the quality
  521  may of such programs can be compared and improvements made
  522  continually.
  523         (d)(c) Provide information to aid in developing related
  524  policy issues and concerns.
  525         (e)(d) Provide information to the public about the
  526  effectiveness of such programs in meeting established goals and
  527  objectives.
  528         (f)(e) Provide a basis for a system of accountability so
  529  that each youth client is afforded the best programs to meet his
  530  or her needs.
  531         (g)(f) Improve service delivery to youth clients.
  532         (h)(g) Modify or eliminate activities that are not
  533  effective.
  534         (2) DEFINITIONS.—As used in this section, the term:
  535         (a) “Youth” “Client” means any person who is being provided
  536  treatment or services by the department or by a provider under
  537  contract with the department.
  538         (b)“Program” means any facility, service, or program for
  539  youth which is operated by the department or by a provider under
  540  contract with the department.
  541         (c)(b) “Program component” means an aggregation of
  542  generally related objectives which, because of their special
  543  character, related workload, and interrelated output, can
  544  logically be considered an entity for purposes of organization,
  545  management, accounting, reporting, and budgeting.
  546         (c) “Program effectiveness” means the ability of the
  547  program to achieve desired client outcomes, goals, and
  548  objectives.
  549         (d)“Program group” means a collection of programs having
  550  sufficient similarity of functions, services, and population to
  551  permit appropriate comparisons between programs within the
  552  group.
  553         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department
  554  shall use a standard methodology for annually measuring,
  555  evaluating, and reporting program outputs and youth outcomes for
  556  each program and program group. The department shall submit a
  557  report to the appropriate committees of the Legislature and the
  558  Governor by January 15 of each year. The department shall notify
  559  the Office of Program Policy Analysis and Government
  560  Accountability and each contract service provider of substantive
  561  changes to the methodology. The standard methodology must:
  562         (a)Define common terminology and operational definitions
  563  and methods by which to measure the performance of program
  564  outputs and outcomes.
  565         (b)Specify program outputs for each program and for each
  566  program group within the juvenile justice continuum.
  567         (c)Report cost data for each program operated or
  568  contracted by the department for the fiscal year corresponding
  569  to the program outputs and outcomes being reported. The
  570  department shall annually collect and report cost data for every
  571  program operated or contracted by the department. The cost data
  572  shall conform to a format approved by the department and the
  573  Legislature. Uniform cost data shall be reported and collected
  574  for state-operated and contracted programs so that comparisons
  575  can be made among programs. The department shall ensure that
  576  there is accurate cost accounting for state-operated services
  577  including market-equivalent rent and other shared cost. The cost
  578  of the educational program provided to a residential facility
  579  shall be reported and included in the cost of a program. The
  580  department shall submit an annual cost report to the President
  581  of the Senate, the Speaker of the House of Representatives, the
  582  Minority Leader of each house of the Legislature, the
  583  appropriate substantive and fiscal committees of each house of
  584  the Legislature, and the Governor, no later than December 1 of
  585  each year. Cost-benefit analysis for educational programs will
  586  be developed and implemented in collaboration with and in
  587  cooperation with the Department of Education, local providers,
  588  and local school districts. Cost data for the report shall
  589  include data collected by the Department of Education for the
  590  purposes of preparing the annual report required by s.
  591  1003.52(19).
  592         (4)(a)PROGRAM ACCOUNTABILITY MEASURES.—The department of
  593  Juvenile Justice, in consultation with the Office of Economic
  594  and Demographic Research, and contract service providers, shall
  595  develop a cost-effectiveness model and apply the program
  596  accountability measures analysis model to each commitment
  597  program and include the results in the comprehensive
  598  accountability report. Program recidivism rates shall be a
  599  component of the model.
  600         (a) The program accountability measures analysis cost
  601  effectiveness model shall compare program costs to expected and
  602  actual youth recidivism rates client outcomes and program
  603  outputs. It is the intent of the Legislature that continual
  604  development efforts take place to improve the validity and
  605  reliability of the cost-effectiveness model and to integrate the
  606  standard methodology developed under s. 985.401(4) for
  607  interpreting program outcome evaluations.
  608         (b) The department shall rank commitment programs based on
  609  the cost-effectiveness model and shall submit a report to the
  610  appropriate substantive and fiscal committees of each house of
  611  the Legislature by December 31 of each year.
  612         (b)(c) Based on reports of the department on client
  613  outcomes and program outputs and on the department’s most recent
  614  program accountability measures analysis cost-effectiveness
  615  rankings, the department may terminate its contract with or
  616  discontinue a commitment program operated by the department or a
  617  provider if the program has failed to achieve a minimum
  618  threshold of recidivism and cost-effectiveness program
  619  effectiveness. This paragraph does not preclude the department
  620  from terminating a contract as provided under this section or as
  621  otherwise provided by law or contract, and does not limit the
  622  department’s authority to enter into or terminate a contract.
  623         (c)(d)The department shall notify the Office of Program
  624  Policy Analysis and Government Accountability and each contract
  625  service provider of substantive changes to the program
  626  accountability measures analysis. In collaboration with the
  627  Office of Economic and Demographic Research, and contract
  628  service providers, the department shall develop a work plan to
  629  refine the cost-effectiveness model so that the model is
  630  consistent with the performance-based program budgeting measures
  631  approved by the Legislature to the extent the department deems
  632  appropriate. The department shall notify the Office of Program
  633  Policy Analysis and Government Accountability of any meetings to
  634  refine the model.
  635         (d)(e) Contingent upon specific appropriation, the
  636  department, in consultation with the Office of Economic and
  637  Demographic Research, and contract service providers, shall:
  638         1. Construct a profile of each commitment program that uses
  639  the results of the quality assurance report required by this
  640  section, the cost-effectiveness report required in this
  641  subsection, and other reports available to the department.
  642         2. Target, for a more comprehensive evaluation, any
  643  commitment program that has achieved consistently high, low, or
  644  disparate ratings in the reports required under subparagraph 1.
  645         3. Identify the essential factors that contribute to the
  646  high, low, or disparate program ratings.
  647         4. Use the results of these evaluations in developing or
  648  refining juvenile justice programs or program models, youth
  649  client outcomes and program outputs, provider contracts, quality
  650  assurance standards, and the cost-effectiveness model.
  651         (5) QUALITY ASSURANCE.—The department shall:
  652         (a) Establish a comprehensive quality assurance system for
  653  each program operated by the department or operated by a
  654  provider under contract with the department. Each contract
  655  entered into by the department must provide for quality
  656  assurance and include the results in the comprehensive
  657  accountability report.
  658         (b) Provide operational definitions of and criteria for
  659  quality assurance for each specific program component.
  660         (c) Establish quality assurance goals and objectives for
  661  each specific program component.
  662         (d) Establish the information and specific data elements
  663  required for the quality assurance program.
  664         (e) Develop a quality assurance manual of specific,
  665  standardized terminology and procedures to be followed by each
  666  program.
  667         (f) Evaluate each program operated by the department or a
  668  provider under a contract with the department and establish
  669  minimum thresholds for each program component. If a provider
  670  fails to meet the established minimum thresholds, such failure
  671  shall cause the department to cancel the provider’s contract
  672  unless the provider achieves compliance with minimum thresholds
  673  within 6 months or unless there are documented extenuating
  674  circumstances. In addition, the department may not contract with
  675  the same provider for the canceled service for a period of 12
  676  months. If a department-operated program fails to meet the
  677  established minimum thresholds, the department must take
  678  necessary and sufficient steps to ensure and document program
  679  changes to achieve compliance with the established minimum
  680  thresholds. If the department-operated program fails to achieve
  681  compliance with the established minimum thresholds within 6
  682  months and if there are no documented extenuating circumstances,
  683  the department must notify the Executive Office of the Governor
  684  and the Legislature of the corrective action taken. Appropriate
  685  corrective action may include, but is not limited to:
  686         1. Contracting out for the services provided in the
  687  program;
  688         2. Initiating appropriate disciplinary action against all
  689  employees whose conduct or performance is deemed to have
  690  materially contributed to the program’s failure to meet
  691  established minimum thresholds;
  692         3. Redesigning the program; or
  693         4. Realigning the program.
  694  
  695  The department shall submit an annual report to the President of
  696  the Senate, the Speaker of the House of Representatives, the
  697  Minority Leader of each house of the Legislature, the
  698  appropriate substantive and fiscal committees of each house of
  699  the Legislature, and the Governor, no later than February 1 of
  700  each year. The annual report must contain, at a minimum, for
  701  each specific program component: a comprehensive description of
  702  the population served by the program; a specific description of
  703  the services provided by the program; cost; a comparison of
  704  expenditures to federal and state funding; immediate and long
  705  range concerns; and recommendations to maintain, expand,
  706  improve, modify, or eliminate each program component so that
  707  changes in services lead to enhancement in program quality. The
  708  department shall ensure the reliability and validity of the
  709  information contained in the report.
  710         (6) The department shall collect and analyze available
  711  statistical data for the purpose of ongoing evaluation of all
  712  programs. The department shall provide the Legislature with
  713  necessary information and reports to enable the Legislature to
  714  make informed decisions regarding the effectiveness of, and any
  715  needed changes in, services, programs, policies, and laws.
  716         (7) No later than November 1, 2001, the department shall
  717  submit a proposal to the Legislature concerning funding
  718  incentives and disincentives for the department and for
  719  providers under contract with the department. The
  720  recommendations for funding incentives and disincentives shall
  721  be based upon both quality assurance performance and cost
  722  effectiveness performance. The proposal should strive to achieve
  723  consistency in incentives and disincentives for both department
  724  operated and contractor-provided programs. The department may
  725  include recommendations for the use of liquidated damages in the
  726  proposal; however, the department is not presently authorized to
  727  contract for liquidated damages in non-hardware-secure
  728  facilities until January 1, 2002.
  729         Section 14. Subsection (8) of section 985.664, Florida
  730  Statutes, is amended to read:
  731         985.664 Juvenile justice circuit boards and juvenile
  732  justice county councils.—
  733         (8) At any time after the adoption of initial bylaws
  734  pursuant to subsection (12), a juvenile justice circuit board
  735  may revise the bylaws to increase the number of members by not
  736  more than five three in order to adequately reflect the
  737  diversity of the population and community organizations or
  738  agencies in the circuit.
  739         Section 15. For the purpose of incorporating the amendment
  740  made by this act to section 984.03, Florida Statutes, in a
  741  reference thereto, paragraph (d) of subsection (1) of section
  742  419.001, Florida Statutes, is reenacted to read:
  743         419.001 Site selection of community residential homes.—
  744         (1) For the purposes of this section, the following
  745  definitions shall apply:
  746         (d) “Resident” means any of the following: a frail elder as
  747  defined in s. 429.65; a physically disabled or handicapped
  748  person as defined in s. 760.22(7)(a); a developmentally disabled
  749  person as defined in s. 393.063; a nondangerous mentally ill
  750  person as defined in s. 394.455(18); or a child who is found to
  751  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  752  need of services as defined in s. 984.03 or s. 985.03.
  753         Section 16. For the purpose of incorporating the amendment
  754  made by this act to section 984.03, Florida Statutes, in a
  755  reference thereto, subsection (5) of section 984.04, Florida
  756  Statutes, is reenacted to read:
  757         984.04 Families in need of services and children in need of
  758  services; procedures and jurisdiction.—
  759         (5) The circuit court shall have exclusive original
  760  jurisdiction of proceedings in which a child is alleged to be a
  761  child in need of services. When the jurisdiction of any child
  762  who has been found to be a child in need of services or the
  763  parent, custodian, or legal guardian of such a child is
  764  obtained, the court shall retain jurisdiction, unless
  765  relinquished by its order or unless the department withdraws its
  766  petition because the child no longer meets the definition of a
  767  child in need of services as defined in s. 984.03, until the
  768  child reaches 18 years of age. This subsection shall not be
  769  construed to prevent the exercise of jurisdiction by any other
  770  court having jurisdiction of the child if the child commits a
  771  violation of law, is the subject of the dependency provisions
  772  under this chapter, or is the subject of a pending investigation
  773  into an allegation or suspicion of abuse, neglect, or
  774  abandonment.
  775         Section 17. For the purpose of incorporating the amendment
  776  made by this act to section 984.03, Florida Statutes, in
  777  references thereto, paragraph (c) of subsection (2) and
  778  paragraph (c) of subsection (3) of section 984.15, Florida
  779  Statutes, are reenacted to read:
  780         984.15 Petition for a child in need of services.—
  781         (2)
  782         (c) The petition shall be in writing, shall state the
  783  specific grounds under s. 984.03(9) by which the child is
  784  designated a child in need of services, and shall certify that
  785  the conditions prescribed in paragraph (a) have been met. The
  786  petition shall be signed by the petitioner under oath stating
  787  good faith in filing the petition and shall be signed by an
  788  attorney for the department.
  789         (3)
  790         (c) The petition must be in writing and must set forth
  791  specific facts alleging that the child is a child in need of
  792  services as defined in s. 984.03(9). The petition must also
  793  demonstrate that the parent, guardian, or legal custodian has in
  794  good faith, but unsuccessfully, participated in the services and
  795  processes described in ss. 984.11 and 984.12.
  796         Section 18. For the purpose of incorporating the amendment
  797  made by this act to section 984.14, Florida Statutes, in a
  798  reference thereto, subsection (3) of section 984.13, Florida
  799  Statutes, is reenacted to read:
  800         984.13 Taking into custody a child alleged to be from a
  801  family in need of services or to be a child in need of
  802  services.—
  803         (3) If the child is taken into custody by, or is delivered
  804  to, the department, the appropriate representative of the
  805  department shall review the facts and make such further inquiry
  806  as necessary to determine whether the child shall remain in
  807  custody or be released. Unless shelter is required as provided
  808  in s. 984.14(1), the department shall:
  809         (a) Release the child to his or her parent, guardian, or
  810  legal custodian, to a responsible adult relative, to a
  811  responsible adult approved by the department, or to a
  812  department-approved family-in-need-of-services and child-in
  813  need-of-services provider; or
  814         (b) Authorize temporary services and treatment that would
  815  allow the child alleged to be from a family in need of services
  816  to remain at home.
  817         Section 19. For the purpose of incorporating the amendment
  818  made by this act to section 985.03, Florida Statutes, in a
  819  reference thereto, paragraph (d) of subsection (1) of section
  820  419.001, Florida Statutes, is reenacted to read:
  821         419.001 Site selection of community residential homes.—
  822         (1) For the purposes of this section, the following
  823  definitions shall apply:
  824         (d) “Resident” means any of the following: a frail elder as
  825  defined in s. 429.65; a physically disabled or handicapped
  826  person as defined in s. 760.22(7)(a); a developmentally disabled
  827  person as defined in s. 393.063; a nondangerous mentally ill
  828  person as defined in s. 394.455(18); or a child who is found to
  829  be dependent as defined in s. 39.01 or s. 984.03, or a child in
  830  need of services as defined in s. 984.03 or s. 985.03.
  831         Section 20. This act shall take effect July 1, 2010.

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