Section 985.305, Florida Statutes 2004
985.305 Early delinquency intervention program; criteria.--
(1) The Department of Juvenile Justice shall, contingent upon specific appropriation and with the cooperation of local law enforcement agencies, the judiciary, district school board personnel, the office of the state attorney, the office of the public defender, the Department of Children and Family Services, and community service agencies that work with children, establish an early delinquency intervention program, the components of which shall include, but not be limited to:
(a) Case management services.
(b) Treatment modalities, including substance abuse treatment services, mental health services, and retardation services.
(c) Prevocational education and career education services.
(d) Diagnostic evaluation services.
(e) Educational services.
(f) Self-sufficiency planning.
(g) Independent living skills.
(h) Parenting skills.
(i) Recreational and leisure time activities.
(j) Program evaluation.
(k) Medical screening.
(2) The early delinquency intervention program shall consist of intensive residential treatment in a secure facility for 7 days to 6 weeks, followed by 6 to 9 months of additional services. An early delinquency intervention program facility shall be designed to accommodate the placement of a maximum of 10 children, except that the facility may accommodate up to 2 children in excess of that maximum if the additional children have previously been released from the residential portion of the program and are later found to need additional residential treatment.
(3) A copy of the arrest report of any child 15 years of age or younger who is taken into custody for committing a delinquent act or any violation of law shall be forwarded to the local operating circuit office of the Department of Juvenile Justice. Upon receiving the second arrest report of any such child from the judicial circuit in which the program is located, the Department of Juvenile Justice shall initiate an intensive review of the child's social and educational history to determine the likelihood of further significant delinquent behavior. In making this determination, the Department of Juvenile Justice shall consider, without limitation, the following factors:
(a) Any prior allegation that the child is dependent or a child in need of services.
(b) The physical, emotional, and intellectual status and developmental level of the child.
(c) The child's academic history, including school attendance, school achievements, grade level, and involvement in school-sponsored activities.
(d) The nature and quality of the child's peer group relationships.
(e) The child's history of substance abuse or behavioral problems.
(f) The child's family status, including the capability of the child's family members to participate in a family-centered intervention program.
(g) The child's family history of substance abuse or criminal activity.
(h) The supervision that is available in the child's home.
(i) The nature of the relationship between the parents and the child and any siblings and the child.
(4) Upon determination that a child is likely to continue to exhibit significant delinquent behavior, the department may recommend to the court that the child be placed in an early delinquency intervention program, and the court may order the program as the dispositional placement for the child. At the discretion of the department or its designee, or upon order of the court, a child who is 11 years of age or younger may be excused from the residential portion of treatment.
(5) Not later than 18 months after the initiation of an early delinquency intervention program, the department shall prepare and submit a progress report to the chairs of the appropriate House and Senate fiscal committees and the appropriate House and Senate substantive committees on the development and implementation of the program, including:
(a) Factors determining placement of a child in the program.
(b) Services provided in each component of the program.
(c) Costs associated with each component of the program.
(d) Problems or difficulties encountered in the implementation and operation of the program.
History.--s. 5, ch. 90-208; s. 21, ch. 93-200; s. 44, ch. 94-209; s. 4, ch. 97-101; s. 49, ch. 97-238; s. 35, ch. 2000-135; s. 28, ch. 2001-125.
Note.--Former s. 39.055.