Florida Senate - 2025 CS for SB 1344 By the Committee on Criminal Justice; and Senator Simon 591-02827-25 20251344c1 1 A bill to be entitled 2 An act relating to juvenile justice; renaming ch. 984, 3 F.S.; amending s. 984.01, F.S.; revising the purposes 4 and intent of ch. 984, F.S.; amending s. 984.02, F.S.; 5 revising the legislative intent for prevention and 6 intervention; amending s. 984.03, F.S.; providing and 7 revising definitions; amending s. 984.04, F.S.; 8 deleting legislative intent; revising requirements for 9 early truancy intervention; amending s. 984.06, F.S.; 10 revising provisions concerning preservation of records 11 and confidential information; amending s. 984.07, 12 F.S.; providing for appointment of counsel in certain 13 circumstances; providing for payment of counsel; 14 providing for imposition of costs of appointed counsel 15 on nonindigent parents in certain circumstances; 16 providing for appointment of counsel to represent a 17 parent or guardian in certain circumstances; amending 18 s. 984.071, F.S.; revising provisions concerning 19 production of an information guide concerning juvenile 20 procedures; requiring specified departments to post 21 the information guide on their websites; repealing s. 22 984.08, F.S., relating to attorney fees; repealing s. 23 984.085, F.S., relating to sheltering and aiding 24 unmarried minors; creating s. 984.0861, F.S.; 25 prohibiting the use of detention for specified 26 purposes; amending s. 984.09, F.S.; revising 27 provisions for a childs punishment for contempt of 28 court; limiting periods for placement for direct 29 contempt or indirect contempt; revising procedures for 30 procedure and due process; amending s. 984.10, F.S.; 31 authorizing an authorized agent of the Department of 32 Juvenile Justice to perform intake; revising 33 provisions concerning referrals for service; requiring 34 the abuse hotline to be contacted in certain 35 circumstances; authorizing a child to remain in 36 custody in certain circumstances; amending s. 984.11, 37 F.S.; requiring that an array of voluntary family 38 services be available to remediate specified problems; 39 providing that certain families are not eligible for 40 voluntary family services; providing eligibility for 41 children in certain circumstances if the Department of 42 Children and Families agrees; providing for an 43 interagency agreement to govern such referrals; 44 amending s. 984.12, F.S.; requiring parents to use 45 health care insurance to the extent that it is 46 available; deleting provisions concerning collection 47 of fees; amending s. 984.13, F.S.; authorizing that a 48 child be taken into custody pursuant to a finding of 49 contempt; specifying placement a child taken into 50 custody in specified circumstances; revising the 51 duties of a person taking a child into custody; 52 amending s. 984.14, F.S.; revising provisions 53 concerning voluntary shelter services and placement of 54 children in such services; deleting provisions 55 concerning involuntary placement in a shelter; 56 amending s. 984.15, F.S.; revising requirements for 57 petitions for a child in need of services; amending s. 58 984.151, F.S.; providing for early truancy 59 intervention; providing for additional services to be 60 ordered if a student is found to be a truant status 61 offender; revising provisions concerning compliance; 62 providing for applicability in cases in which a 63 student is found to be a child in need of services; 64 providing for retention of jurisdiction by courts; 65 providing an exception; providing for service of court 66 orders on specified entities; amending s. 984.16, 67 F.S.; requiring that a students school receive notice 68 of certain actions by courts; amending s. 984.17, 69 F.S.; specifying when a guardian ad litem may be 70 appointed; revising provisions concerning 71 representation of the Department of Juvenile Justice 72 in cases in which a child is alleged to be in need of 73 services; repealing s. 984.18, F.S., relating to 74 referral of child-in-need-of-services cases to 75 mediation; amending s. 984.19, F.S.; providing that an 76 authorized agent of the department may have a medical 77 screening performed on a child placed in shelter care; 78 revising provisions concerning consent for medical 79 care for a child in the care of the department; 80 amending s. 984.20, F.S.; revising provisions for 81 hearings in child in need of services cases; providing 82 that the failure of a person served with notice to 83 appear at the arraignment hearing constitutes the 84 persons consent to the child in need of services 85 petition; requiring a specified notice in such 86 petitions; amending s. 984.21, F.S.; specifying that 87 an order of adjudication by a court that a child is a 88 child in need of services is a civil adjudication and 89 not a conviction; deleting provisions allowing a court 90 to withhold an adjudication that a is child in need of 91 services in certain cases; amending s. 984.22, F.S.; 92 conforming provisions to changes made by the act; 93 deleting provisions on the deposit of fees received; 94 amending s. 984.225, F.S.; revising when a child in 95 need of services may be placed in a shelter; revising 96 placement procedures; providing for counseling orders; 97 specifying the effect of a placement the legal 98 responsibilities of a parent, guardian, or custodian; 99 providing limits for shelter stays; deleting 100 provisions concerning exhaustion of less restrictive 101 alternatives; providing for periodic review of 102 placements; providing for transfer of a child to the 103 Department of Children and Families in certain 104 circumstances; authorizing transfer to the custody of 105 the Agency for Persons with Disabilities in certain 106 circumstances; amending s. 984.226, F.S.; authorizing 107 contracting for physically secure shelters; deleting 108 provisions on representation in certain proceedings; 109 requiring exhaustion of less restrictive placements 110 before a child may be placed in a physically secure 111 shelter; providing a time limit on secure shelter 112 orders; proving legislative intent; revising 113 provisions concerning review of secure shelter 114 placements; providing for transfer to shelter 115 placements in certain circumstances; requiring a child 116 to be transferred to the Department of Children and 117 Families in certain circumstances; providing for the 118 transfer of a child to the Agency for Persons with 119 Disabilities in certain circumstances; transferring 120 and renumbering s. 985.731, F.S. as s. 787.035, F.S., 121 relating to offenses concerning providing sheltering 122 unmarried minors and aiding unmarried minor runaways; 123 providing criminal penalties; amending s. 985.03, 124 F.S.; revising the definition of the term child who 125 has been found to have committed a delinquent act; 126 amending s. 985.24, F.S.; prohibiting placement of a 127 child subject to certain proceedings into secure 128 detention care; amending s. 1003.26, F.S.; authorizing 129 that certain meetings with parents may be conducted 130 virtually or by telephone; providing for child study 131 team meetings in the absence of a parent, legal 132 guardian, or custodian or child; revising 133 interventions by such team; providing for promotion of 134 a child who is responsive to intervention and meets 135 specified requirements; revising provisions concerning 136 required notice of a childs enrollment or attendance 137 issues; revising provisions concerning returning a 138 student to a parent or other party in certain 139 circumstances; amending s. 1003.27, F.S.; revising 140 reporting requirements for reports by school 141 principals to school boards concerning minor students 142 who accumulate more than a specified number of 143 absences; requiring actions by school boards; 144 providing for remedial actions for failure to comply; 145 revising provisions concerning habitual truancy cases; 146 revising provisions concerning cooperative agreements; 147 revising who may begin certain proceedings and 148 prosecutions; deleting a provision concerning a civil 149 penalty for students; revising provisions concerning 150 truant students; amending s. 381.02035, F.S.; 151 authorizing pharmacists employed by the Department of 152 Juvenile Justice to import drugs from Canada under a 153 specified program; amending s. 790.22, F.S.; revising 154 provisions concerning the treatment of a finding that 155 a minor violated specified provisions, regardless of 156 whether adjudication was withheld, for the purposes of 157 determining whether a prior offense was committed; 158 amending s. 985.12, F.S.; deleting a requirement that 159 the Department of Juvenile Justice annually develop 160 and produce best practice models for prearrest 161 delinquency citation programs; amending s. 985.126, 162 F.S.; revising the requirements for a quarterly report 163 on prearrest citation programs; amending s. 985.25, 164 F.S.; providing for supervised release or detention of 165 a child despite the childs risk assessment score in 166 certain circumstances; limiting the number of 167 categories that a child may be moved; amending s. 168 985.433, F.S.; requiring that a child be placed on 169 conditional release rather than probation following 170 discharge from commitment; repealing s. 985.625, F.S., 171 relating to literacy programs for juvenile offenders; 172 amending s. 985.632, F.S.; deleting a provision 173 regarding development of a cost-effectiveness model 174 and application of the model to each commitment 175 program; amending ss. 95.11, 409.2564, 419.001, 176 744.309, 784.075, and 985.618, F.S.; conforming 177 provisions to changes made by the act; providing an 178 effective date. 179 180 Be It Enacted by the Legislature of the State of Florida: 181 182 Section 1.Chapter 984, Florida Statutes, entitled 183 Children and Families in Need of Services, is renamed 184 Children and Families in Need of Services; Prevention and 185 Intervention for School Truancy and Ungovernable and Runaway 186 Children. 187 Section 2.Section 984.01, Florida Statutes, is amended to 188 read: 189 984.01Purposes and intent; personnel standards and 190 screening. 191 (1)The purposes of this chapter are: 192 (a)To provide judicial, nonjudicial, and other procedures 193 to address the status offenses of children who are truant from 194 school, run away from their caregivers, or exhibit ungovernable 195 behavior by refusing to follow the household rules of their 196 caregivers and engage in behavior that places the child at risk 197 of harm; and to ensure assure due process through which children 198 and other interested parties are assured fair hearings by a 199 respectful and respected court or other tribunal and the 200 recognition, protection, and enforcement of their constitutional 201 and other legal rights, while ensuring that public safety 202 interests and the authority and dignity of the courts are 203 adequately protected. 204 (b)To provide for the care, safety, and protection of 205 children in an environment that cultivates fosters healthy 206 social, emotional, intellectual, and physical development; to 207 ensure the safety of children secure and safe custody; and to 208 promote the education, health, and well-being of all children 209 under the states care. 210 (c)To provide ensure the protection of society, by 211 providing for a needs comprehensive standardized assessment of 212 the childs needs, strengths, and family dynamics so that the 213 most appropriate services control, discipline, punishment, and 214 treatment can be provided in the most appropriate environment 215 administered consistent with the seriousness of the act 216 committed, the communitys long-term need for public safety and 217 the safety of the individual child, with consideration given to 218 the education and overall well-being, the prior record of the 219 child, and the specific rehabilitation needs of the child, while 220 also providing restitution, whenever possible, to the victim of 221 the offense. 222 (d)To preserve and strengthen the childs family ties 223 whenever possible; provide for temporary shelter placement of 224 the child only when necessary for the childs education, safety, 225 and welfare and when other less restrictive alternatives have 226 been exhausted; provide, by providing for removal of the child 227 from parental custody only when his or her welfare or the safety 228 and protection of the public cannot be adequately safeguarded 229 without such removal; and, when the child is removed from his or 230 her own family, to secure custody, care, and education; 231 encourage self-discipline; and increase protective factors when 232 the child is in temporary shelter placement discipline for the 233 child as nearly as possible equivalent to that which should have 234 been given by the parents; and to assure, in all cases in which 235 a child must be permanently removed from parental custody, that 236 the child be placed in an approved family home, adoptive home, 237 independent living program, or other placement that provides the 238 most stable and permanent living arrangement for the child, as 239 determined by the court. 240 (e)1.To ensure assure that the adjudication and 241 disposition of a child alleged or found to be a child in need of 242 services have committed a violation of Florida law be exercised 243 with appropriate discretion and in keeping with the seriousness 244 of the misconduct offense and the need for treatment services, 245 and that all findings made under this chapter be based upon 246 facts presented at a hearing that meets the constitutional 247 standards of fundamental fairness and due process. 248 2.To assure that the sentencing and placement of a child 249 tried as an adult be appropriate and in keeping with the 250 seriousness of the offense and the childs need for 251 rehabilitative services, and that the proceedings and procedures 252 applicable to such sentencing and placement be applied within 253 the full framework of constitutional standards of fundamental 254 fairness and due process. 255 (f)To provide a court process through which school boards 256 are able to access the court for the limited purpose of early 257 truancy intervention for children, subject to compulsory 258 education, who are not engaging in regular school attendance, 259 and encourage school attendance by educating children and their 260 families on the importance of regular school attendance and 261 provide services to families to prevent the childs pattern of 262 truancy from becoming habitual children committed to the 263 Department of Juvenile Justice with training in life skills, 264 including career education. 265 (2)The department of Juvenile Justice or the Department of 266 Children and Families, as appropriate, may contract with the 267 Federal Government, other state departments and agencies, county 268 and municipal governments and agencies, public and private 269 agencies, and private individuals and corporations in carrying 270 out the purposes of, and the responsibilities established in, 271 this chapter. 272 (a)If the department contracts with a provider for any 273 program for children, all personnel, including owners, 274 operators, employees, and volunteers, in the facility must be of 275 good moral character. The Each contract entered into by either 276 department and any agency providing services for the department 277 must require that each contract entered into for services 278 delivered on an appointment or intermittent basis by a provider 279 that does or does not have regular custodial responsibility for 280 children and each contract with a school for before or aftercare 281 services must ensure that the owners, operators, and all 282 personnel who have direct contact with children are of good 283 moral character and must meet level 2 screening requirements as 284 described in s. 435.04. A volunteer who assists on an 285 intermittent basis for less than 10 hours per month need not be 286 screened if a person who meets the screening requirement of this 287 section is always present and has the volunteer in his or her 288 line of sight. 289 (b)The department of Juvenile Justice and the Department 290 of Children and Families shall require employment screening 291 pursuant to chapter 435, using the level 2 standards set forth 292 in that chapter for personnel in programs for children or 293 youths. 294 (b)(c)The department of Juvenile Justice or the Department 295 of Children and Families may grant exemptions from 296 disqualification from working with children as provided in s. 297 435.07. 298 (c)Any shelter used for the placement of children under 299 this chapter must be licensed by the Department of Children and 300 Families. 301 (3)It is the intent of the Legislature that This chapter 302 is to be liberally interpreted and construed in conformity with 303 its declared purposes. 304 Section 3.Section 984.02, Florida Statutes, is amended to 305 read: 306 984.02Legislative intent for prevention and intervention 307 under chapter 984 the juvenile justice system. 308 (1)GENERAL PROTECTIONS FOR CHILDREN.It is a purpose of 309 the Legislature that the children of this state be provided with 310 the following protections: 311 (a)Protection from abuse, neglect, and exploitation. 312 (b)A permanent and stable home. 313 (c)A safe and nurturing environment which will preserve a 314 sense of personal dignity and integrity. 315 (d)Adequate nutrition, shelter, and clothing. 316 (e)Effective services or treatment to address physical, 317 social, and emotional needs, regardless of geographical 318 location. 319 (f)Equal opportunity and access to quality and effective 320 education which will meet the individual needs of each child and 321 prepare the child for future employment, and to recreation and 322 other community resources to develop individual abilities. 323 (g)Access to preventive services to provide the child and 324 family the support of community resources to address the needs 325 of the child and reduce the risk of harm or engaging in 326 delinquent behavior. 327 (h)Court An independent, trained advocate when 328 intervention only when is necessary to address at-risk behavior 329 before the behavior escalates into harm to the child or to the 330 community through delinquent behavior. 331 (i)Access to representation by a trained advocate when 332 court proceedings are initiated under this chapter. 333 (j)Supervision and services by skilled staff when 334 temporary out of home placement is necessary and a skilled 335 guardian or caretaker in a safe environment when alternative 336 placement is necessary. 337 (2)SUBSTANCE ABUSE SERVICES.The Legislature finds that 338 children in the care of the states juvenile justice and 339 intervention dependency and delinquency systems need appropriate 340 health care services and, that the impact of substance abuse on 341 health requires indicates the need for health care services to 342 include substance abuse services when where appropriate., and 343 that It is in the states best interest that such children be 344 provided the services they need to enable them to become and 345 remain independent of state care. In order to provide these 346 services, the states juvenile justice and intervention 347 dependency and delinquency systems must have the ability to 348 identify and make referrals to experts capable of providing 349 provide appropriate intervention and treatment for children with 350 personal or family-related substance abuse problems. It is 351 therefore the purpose of the Legislature to provide authority 352 for the state to contract with community substance abuse 353 treatment providers for the development and operation of 354 specialized support and overlay services for the juvenile 355 justice and intervention dependency and delinquency systems, 356 subject to legislative appropriation, which will be fully 357 implemented and utilized as resources permit. This section does 358 not prevent agencies from referring children and families to 359 privately operated community service providers to the extent the 360 families have funding or insurance to provide care. 361 (3)JUVENILE JUSTICE AND INTERVENTION DELINQUENCY 362 PREVENTION.It is the policy of the state regarding with respect 363 to juvenile justice and intervention delinquency prevention to 364 first protect the public from acts of delinquency. In addition, 365 it is the policy of the state to: 366 (a)Develop and implement effective methods of preventing 367 and reducing acts of delinquency, with a focus on maintaining 368 and strengthening the family as a whole so that children may 369 remain in their homes or communities. 370 (b)Develop and implement effective programs to prevent 371 delinquency, to divert children from the traditional juvenile 372 justice system, to intervene at an early stage of delinquency, 373 and to provide critically needed alternatives to 374 institutionalization and deep-end commitment. 375 (c)Provide well-trained personnel, high-quality services, 376 and cost-effective programs within the juvenile justice system. 377 (d)Increase the capacity of local governments and public 378 and private agencies to conduct rehabilitative treatment 379 programs and to provide research, evaluation, and training 380 services for in the field of juvenile delinquency prevention. 381 (e)Develop and implement effective early prevention 382 programs to address truancy and ungovernable and runaway 383 behavior of children which places the child at risk of harm, and 384 allow for intervention before the child engages in a delinquent 385 act. 386 387 The Legislature intends that temporary shelter detention care, 388 in addition to providing safe care secure and safe custody, will 389 promote the health and well-being of the children placed therein 390 committed thereto and provide an environment that fosters their 391 social, emotional, intellectual, and physical development. 392 (4)PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES. 393 Parents, custodians, and guardians are deemed by the state to be 394 responsible for providing their children with sufficient 395 support, guidance, and supervision to deter their participation 396 in delinquent acts, and ensure their children attend school and 397 engage in education to prepare their child for their future. The 398 state further recognizes that the ability of parents, 399 custodians, and guardians to fulfill those responsibilities can 400 be greatly impaired by economic, social, behavioral, emotional, 401 and related problems. It is therefore the policy of the 402 Legislature that it is the states responsibility to ensure that 403 factors impeding the ability of caretakers to fulfill their 404 responsibilities are identified and appropriate recommendations 405 are provided to address those impediments through the provision 406 of nonjudicial voluntary family services for families in need of 407 services and through the child in need of services court 408 processes delinquency intake process and that appropriate 409 recommendations to address those problems are considered in any 410 judicial or nonjudicial proceeding. 411 (5)PROVISION OF SERVICES.-Services to families shall be 412 provided on a continuum of increasing intensity and 413 participation by the parent, legal guardian, or custodian and 414 child. Judicial intervention to resolve the problems and 415 conflicts that exist within a family shall be limited to 416 situations in which a resolution to the problem or conflict has 417 not been achieved through individual and family services after 418 all available less restrictive resources have been exhausted. In 419 creating this chapter, the Legislature recognizes the need to 420 distinguish the problems of truants, runaways, and children 421 beyond the control of their parents, and the services provided 422 to these children, from the problems and services designed to 423 meet the needs of abandoned, abused, neglected, and delinquent 424 children. In achieving this distinction, it is the policy of the 425 state to develop short-term services using the least restrictive 426 method for children and families, early truancy intervention, 427 and children in need of services. 428 Section 4.Section 984.03, Florida Statutes, is amended to 429 read: 430 984.03Definitions.When used in this chapter, the term: 431 (1)Abandoned or abandonment have the same meaning as 432 in s. 39.01(1) means a situation in which the parent or legal 433 custodian of a child or, in the absence of a parent or legal 434 custodian, the person responsible for the childs welfare, while 435 being able, makes no provision for the childs support and makes 436 no effort to communicate with the child, which situation is 437 sufficient to evince a willful rejection of parental 438 obligations. If the efforts of such parent or legal custodian, 439 or person primarily responsible for the childs welfare to 440 support and communicate with the child are, in the opinion of 441 the court, only marginal efforts that do not evince a settled 442 purpose to assume all parental duties, the court may declare the 443 child to be abandoned. The term abandoned does not include a 444 child in need of services as defined in subsection (9) or a 445 family in need of services as defined in subsection (25). The 446 incarceration of a parent, legal custodian, or person 447 responsible for a childs welfare does not constitute a bar to a 448 finding of abandonment. 449 (2)Abuse has the same meaning as in s. 39.01(2) means 450 any willful act that results in any physical, mental, or sexual 451 injury that causes or is likely to cause the childs physical, 452 mental, or emotional health to be significantly impaired. 453 Corporal discipline of a child by a parent or guardian for 454 disciplinary purposes does not in itself constitute abuse when 455 it does not result in harm to the child as defined in s. 39.01. 456 (3)Addictions receiving facility means a substance abuse 457 service provider as defined in chapter 397. 458 (3)(4)Adjudicatory hearing means a hearing for the court 459 to determine whether or not the facts support the allegations 460 stated in the petition as is provided for under s. 984.20(2) in 461 child in need of services child-in-need-of-services cases. 462 (4)(5)Adult means any natural person other than a child. 463 (5)(6)Authorized agent or designee of the department 464 means a person or agency assigned or designated by the 465 Department of Juvenile Justice or the Department of Children and 466 Families, as appropriate, to perform duties or exercise powers 467 pursuant to this chapter and includes contract providers and 468 subcontracted providers and their employees for purposes of 469 providing voluntary family services, and providing court-ordered 470 services to and managing cases of children in need of services 471 and families in need of services. 472 (7)Caretaker/homemaker means an authorized agent of the 473 Department of Children and Families who shall remain in the 474 childs home with the child until a parent, legal guardian, or 475 relative of the child enters the home and is capable of assuming 476 and agrees to assume charge of the child. 477 (6)(8)Child or juvenile or youth means any unmarried 478 person under the age of 18 who has not been emancipated by order 479 of the court and who has been found or alleged to be dependent, 480 in need of services, or from a family in need of services; or 481 any married or unmarried person who is charged with a violation 482 of law occurring prior to the time that person reached the age 483 of 18 years. 484 (7)(9)Child in need of services means a child for whom 485 there is no pending petition filed with the court investigation 486 into an allegation or suspicion of abuse, neglect, or 487 abandonment; no pending referral alleging the child is 488 delinquent; or no current court ordered supervision by the 489 department for delinquency under chapter 985 of Juvenile Justice 490 or the Department of Children and Families for an adjudication 491 of dependency under chapter 39 or delinquency. The child must 492 also, pursuant to this chapter, be found by the court: 493 (a)To have persistently run away from the childs parents, 494 or legal guardians, or custodians despite reasonable efforts of 495 the child, the parents, or legal guardians, or custodians, and 496 appropriate agencies to remedy the conditions contributing to 497 the behavior. Reasonable efforts shall include voluntary 498 participation by the childs parents or legal guardian, or 499 custodians and the child in family mediation, voluntary 500 services, and treatment offered by the department or through its 501 authorized agent of Juvenile Justice or the Department of 502 Children and Families; 503 (b)To be a habitual habitually truant from school, while 504 subject to compulsory school attendance, despite reasonable 505 efforts to remedy the situation pursuant to ss. 1003.26 and 506 1003.27 and through voluntary participation by the childs 507 parents or legal custodians and by the child in family 508 mediation, services, and treatment offered by the department or 509 its authorized agent of Juvenile Justice or the Department of 510 Children and Families; or 511 (c)To be ungovernable by having have persistently 512 disobeyed the reasonable and lawful rules and demands of the 513 childs parents, or legal guardians, or custodians, and to be 514 beyond their control despite the child having the mental and 515 physical capacity to understand and obey lawful rules and 516 demands, and despite efforts by the childs parents, or legal 517 guardians, or custodians and appropriate agencies to remedy the 518 conditions contributing to the behavior. Reasonable efforts may 519 include such things as good faith participation in voluntary 520 family services or individual services counseling. 521 (10)Child support means a court-ordered obligation, 522 enforced under chapter 61 and ss. 409.2551-409.2597, for 523 monetary support for the care, maintenance, training, and 524 education of a child. 525 (11)Child who has been found to have committed a 526 delinquent act means a child who, pursuant to the provisions of 527 chapter 985, is found by a court to have committed a violation 528 of law or to be in direct or indirect contempt of court, except 529 that this definition shall not include an act constituting 530 contempt of court arising out of a dependency proceeding or a 531 proceeding pursuant to this chapter. 532 (12)Child who is found to be dependent or dependent 533 child means a child who, pursuant to this chapter, is found by 534 the court: 535 (a)To have been abandoned, abused, or neglected by the 536 childs parents or other custodians. 537 (b)To have been surrendered to the former Department of 538 Health and Rehabilitative Services, the Department of Children 539 and Families, or a licensed child-placing agency for purpose of 540 adoption. 541 (c)To have been voluntarily placed with a licensed child 542 caring agency, a licensed child-placing agency, an adult 543 relative, the former Department of Health and Rehabilitative 544 Services, or the Department of Children and Families, after 545 which placement, under the requirements of this chapter, a case 546 plan has expired and the parent or parents have failed to 547 substantially comply with the requirements of the plan. 548 (d)To have been voluntarily placed with a licensed child 549 placing agency for the purposes of subsequent adoption and a 550 natural parent or parents signed a consent pursuant to the 551 Florida Rules of Juvenile Procedure. 552 (e)To have no parent, legal custodian, or responsible 553 adult relative to provide supervision and care. 554 (f)To be at substantial risk of imminent abuse or neglect 555 by the parent or parents or the custodian. 556 (8)(13)Circuit means any of the 20 judicial circuits as 557 set forth in s. 26.021. 558 (14)Comprehensive assessment or assessment means the 559 gathering of information for the evaluation of a juvenile 560 offenders or a childs physical, psychological, educational, 561 vocational, and social condition and family environment as they 562 relate to the childs need for rehabilitative and treatment 563 services, including substance abuse treatment services, mental 564 health services, developmental services, literacy services, 565 medical services, family services, and other specialized 566 services, as appropriate. 567 (9)(15)Court, unless otherwise expressly stated, means 568 the circuit court assigned to exercise jurisdiction under this 569 chapter. 570 (10)Custodian means any adult person who is exercising 571 actual physical custody of the child and is providing food, 572 clothing, and care for the child in the absence of a parent or 573 legal guardian. 574 (16)Delinquency program means any intake, community 575 control, or similar program; regional detention center or 576 facility; or community-based program, whether owned and operated 577 by or contracted by the Department of Juvenile Justice, or 578 institution owned and operated by or contracted by the 579 Department of Juvenile Justice, which provides intake, 580 supervision, or custody and care of children who are alleged to 581 be or who have been found to be delinquent pursuant to chapter 582 985. 583 (11)(17)Department means the Department of Juvenile 584 Justice. 585 (18)Detention care means the temporary care of a child 586 in secure, nonsecure, or home detention, pending a court 587 adjudication or disposition or execution of a court order. There 588 are three types of detention care, as follows: 589 (a)Secure detention means temporary custody of the child 590 while the child is under the physical restriction of a detention 591 center or facility pending adjudication, disposition, or 592 placement. 593 (b)Nonsecure detention means temporary custody of the 594 child while the child is in a residential home in the community 595 in a physically nonrestrictive environment under the supervision 596 of the Department of Juvenile Justice pending adjudication, 597 disposition, or placement. 598 (c)Home detention means temporary custody of the child 599 while the child is released to the custody of the parent, 600 guardian, or custodian in a physically nonrestrictive 601 environment under the supervision of the Department of Juvenile 602 Justice staff pending adjudication, disposition, or placement. 603 (19)Detention center or facility means a facility used 604 pending court adjudication or disposition or execution of court 605 order for the temporary care of a child alleged or found to have 606 committed a violation of law. A detention center or facility may 607 provide secure or nonsecure custody. A facility used for the 608 commitment of adjudicated delinquents shall not be considered a 609 detention center or facility. 610 (20)Detention hearing means a hearing for the court to 611 determine if a child should be placed in temporary custody, as 612 provided for under s. 39.402, in dependency cases. 613 (21)Diligent efforts of social service agency means 614 reasonable efforts to provide social services or reunification 615 services made by any social service agency as defined in this 616 section that is a party to a case plan. 617 (22)Diligent search means the efforts of a social 618 service agency to locate a parent or prospective parent whose 619 identity or location is unknown, or a relative made known to the 620 social services agency by the parent or custodian of a child. 621 When the search is for a parent, prospective parent, or relative 622 of a child in the custody of the department, this search must be 623 initiated as soon as the agency is made aware of the existence 624 of such parent, prospective parent, or relative. A diligent 625 search shall include interviews with persons who are likely to 626 have information about the identity or location of the person 627 being sought, comprehensive database searches, and records 628 searches, including searches of employment, residence, 629 utilities, Armed Forces, vehicle registration, child support 630 enforcement, law enforcement, and corrections records, and any 631 other records likely to result in identifying and locating the 632 person being sought. The initial diligent search must be 633 completed within 90 days after a child is taken into custody. 634 After the completion of the initial diligent search, the 635 department, unless excused by the court, shall have a continuing 636 duty to search for relatives with whom it may be appropriate to 637 place the child, until such relatives are found or until the 638 child is placed for adoption. 639 (12)(23)Disposition hearing means a hearing in which the 640 court determines the most appropriate dispositional services in 641 the least restrictive available setting provided for under s. 642 984.20(3), in child in need of services child-in-need-of 643 services cases. 644 (13)Early truancy intervention means action taken by a 645 school or school district pursuant to s. 1003.26 to identify a 646 pattern of nonattendance by a student subject to compulsory 647 school attendance at the earliest opportunity to address the 648 reasons for the students nonattendance, and includes services 649 provided by the school or school district, or the department or 650 its authorized agent pursuant to s. 984.11, and may include 651 judicial action pursuant to s. 984.151 or s. 1003.27. 652 (14)(24)Family means a collective body of persons, 653 consisting of a child and a parent, legal guardian, adult 654 custodian, or adult relative, in which: 655 (a)The persons reside in the same house or living unit; or 656 (b)The parent, legal guardian, adult custodian, or adult 657 relative has a legal responsibility by blood, marriage, or court 658 order to support or care for the child. 659 (15)(25)Family in need of services means a family that 660 has a child who is running away; who is ungovernable and 661 persistently disobeying reasonable and lawful demands of the 662 parent or legal custodian and is beyond the control of the 663 parent or legal custodian; or who is a habitual habitually 664 truant from school or engaging in other serious behaviors that 665 place the child at risk of future abuse, neglect, or abandonment 666 or at risk of entering the juvenile justice system. The child 667 must be referred to a law enforcement agency, the department of 668 Juvenile Justice, or an agency contracted to provide services to 669 children in need of services. A family is not eligible to 670 receive voluntary family services if, at the time of the 671 referral, there is an open investigation into an allegation of 672 abuse, neglect, or abandonment or if the child is currently 673 under court-ordered supervision by the department for 674 delinquency under chapter 985 of Juvenile Justice or the 675 Department of Children and Families due to a finding of 676 dependency under chapter 39 an adjudication of dependency or 677 delinquency. 678 (26)Foster care means care provided a child in a foster 679 family or boarding home, group home, agency boarding home, child 680 care institution, or any combination thereof. 681 (16)(27)Habitual Habitually truant has the same meaning 682 as in s. 1003.01(12). means that: 683 (a)The child has 15 unexcused absences within 90 calendar 684 days with or without the knowledge or justifiable consent of the 685 childs parent or legal guardian, is subject to compulsory 686 school attendance under s. 1003.21(1) and (2)(a), and is not 687 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions 688 specified by law or the rules of the State Board of Education. 689 (b)Activities to determine the cause, and to attempt the 690 remediation, of the childs truant behavior under ss. 1003.26 691 and 1003.27(3), have been completed. 692 693 If a child who is subject to compulsory school attendance is 694 responsive to the interventions described in ss. 1003.26 and 695 1003.27(3) and has completed the necessary requirements to pass 696 the current grade as indicated in the district pupil progression 697 plan, the child shall not be determined to be habitually truant 698 and shall be passed. If a child within the compulsory school 699 attendance age has 15 unexcused absences within 90 calendar days 700 or fails to enroll in school, the State Attorney may, or the 701 appropriate jurisdictional agency shall, file a child-in-need 702 of-services petition if recommended by the case staffing 703 committee, unless it is determined that another alternative 704 action is preferable. The failure or refusal of the parent or 705 legal guardian or the child to participate, or make a good faith 706 effort to participate, in the activities prescribed to remedy 707 the truant behavior, or the failure or refusal of the child to 708 return to school after participation in activities required by 709 this subsection, or the failure of the child to stop the truant 710 behavior after the school administration and the Department of 711 Juvenile Justice have worked with the child as described in ss. 712 1003.26 and 1003.27(3) shall be handled as prescribed in s. 713 1003.27. 714 (17)(28)Intake means the initial acceptance and 715 screening by the department or its authorized agent of a 716 referral from an early truancy intervention court, a school 717 board, or a school requesting services; a request for assistance 718 from a parent or child; or a complaint, of Juvenile Justice of a 719 complaint or a law enforcement report, or probable cause 720 affidavit of a childs truancy, ungovernable behavior, or 721 running away, on behalf of a family delinquency, family in need 722 of services, or child in need of services to determine the most 723 appropriate course of action recommendation to be taken in the 724 best interests of the child, the family, and the community. The 725 emphasis of intake is on diversion and the least restrictive 726 available services. Consequently, intake includes such 727 alternatives as: 728 (a)The disposition of the request for services, complaint, 729 report, or probable cause affidavit without court or public 730 agency action or judicial handling when appropriate. 731 (b)The referral of the child to another public or private 732 agency when appropriate. 733 (c)The recommendation by the assigned intake case manager 734 juvenile probation officer of judicial handling when appropriate 735 and warranted. 736 (18)(29)Judge means the circuit judge exercising 737 jurisdiction pursuant to this chapter. 738 (30)Juvenile justice continuum includes, but is not 739 limited to, delinquency prevention programs and services 740 designed for the purpose of preventing or reducing delinquent 741 acts, including criminal activity by criminal gangs and juvenile 742 arrests, as well as programs and services targeted at children 743 who have committed delinquent acts, and children who have 744 previously been committed to residential treatment programs for 745 delinquents. The term includes children-in-need-of-services and 746 families-in-need-of-services programs; conditional release; 747 substance abuse and mental health programs; educational and 748 vocational programs; recreational programs; community services 749 programs; community service work programs; and alternative 750 dispute resolution programs serving children at risk of 751 delinquency and their families, whether offered or delivered by 752 state or local governmental entities, public or private for 753 profit or not-for-profit organizations, or religious or 754 charitable organizations. 755 (31)Juvenile probation officer means the authorized 756 agent of the department who performs and directs intake, 757 assessment, probation, or conditional release, and other related 758 services. 759 (19)(32)Legal custody means a legal status created by 760 court order or letter of guardianship which vests in a custodian 761 of the person or guardian, whether an agency or an individual, 762 the right to have physical custody of the child and the right 763 and duty to protect, train, and discipline the child and to 764 provide him or her with food, shelter, education, and ordinary 765 medical, dental, psychiatric, and psychological care. 766 (20)(33)Licensed child-caring agency means a person, 767 society, association, or agency licensed by the Department of 768 Children and Families to care for, receive, and board children, 769 and includes shelters under this chapter. 770 (21)(34)Licensed health care professional means a 771 physician licensed under chapter 458, an osteopathic physician 772 licensed under chapter 459, a nurse licensed under part I of 773 chapter 464, a physician assistant licensed under chapter 458 or 774 chapter 459, or a dentist licensed under chapter 466. 775 (35)Mediation means a process whereby a neutral third 776 person called a mediator acts to encourage and facilitate the 777 resolution of a dispute between two or more parties. It is an 778 informal and nonadversarial process with the objective of 779 helping the disputing parties reach a mutually acceptable and 780 voluntary agreement. In mediation, decisionmaking authority 781 rests with the parties. The role of the mediator includes, but 782 is not limited to, assisting the parties in identifying issues, 783 fostering joint problem solving, and exploring settlement 784 alternatives. 785 (22)(36)Necessary medical treatment means care that is 786 necessary within a reasonable degree of medical certainty to 787 prevent the deterioration of a childs condition or to alleviate 788 immediate pain of a child. 789 (23)Needs assessment means the gathering of information 790 for the evaluation of a childs physical, psychological, 791 educational, vocational, and social condition and family 792 environment related to the childs need for services, including 793 substance abuse treatment services, mental health services, 794 developmental services, literacy services, medical services, 795 family services, individual and family counseling, education 796 services, and other specialized services, as appropriate. 797 (24)(37)Neglect has the same meaning as in s. 39.01(53). 798 occurs when the parent or legal custodian of a child or, in the 799 absence of a parent or legal custodian, the person primarily 800 responsible for the childs welfare deprives a child of, or 801 allows a child to be deprived of, necessary food, clothing, 802 shelter, or medical treatment or permits a child to live in an 803 environment when such deprivation or environment causes the 804 childs physical, mental, or emotional health to be 805 significantly impaired or to be in danger of being significantly 806 impaired. The foregoing circumstances shall not be considered 807 neglect if caused primarily by financial inability unless actual 808 services for relief have been offered to and rejected by such 809 person. A parent or guardian legitimately practicing religious 810 beliefs in accordance with a recognized church or religious 811 organization who thereby does not provide specific medical 812 treatment for a child shall not, for that reason alone, be 813 considered a negligent parent or guardian; however, such an 814 exception does not preclude a court from ordering the following 815 services to be provided, when the health of the child so 816 requires: 817 (a)Medical services from a licensed physician, dentist, 818 optometrist, podiatric physician, or other qualified health care 819 provider; or 820 (b)Treatment by a duly accredited practitioner who relies 821 solely on spiritual means for healing in accordance with the 822 tenets and practices of a well-recognized church or religious 823 organization. 824 (38)Next of kin means an adult relative of a child who 825 is the childs brother, sister, grandparent, aunt, uncle, or 826 first cousin. 827 (25)(39)Parent means a woman who gives birth to a child 828 and a man whose consent to the adoption of the child would be 829 required under s. 63.062(1). If a child has been legally 830 adopted, the term parent means the adoptive mother or father 831 of the child. The term does not include an individual whose 832 parental relationship to the child has been legally terminated, 833 or an alleged or prospective parent, unless the parental status 834 falls within the terms of either s. 39.503(1) or s. 63.062(1). 835 (26)(40)Participant, for purposes of a shelter 836 proceeding under this chapter, means any person who is not a 837 party but who should receive notice of hearings involving the 838 child, including foster parents, identified prospective parents, 839 grandparents entitled to priority for adoption consideration 840 under s. 63.0425, actual custodians of the child, and any other 841 person whose participation may be in the best interest of the 842 child. Participants may be granted leave by the court to be 843 heard without the necessity of filing a motion to intervene. 844 (27)(41)Party, for purposes of a shelter proceeding 845 under this chapter, means the parent, legal guardian, or actual 846 custodian of the child, the petitioner, the department, the 847 guardian ad litem when one has been appointed, and the child. 848 The presence of the child may be excused by order of the court 849 when presence would not be in the childs best interest or the 850 child has failed to appear for a proceeding after having been 851 noticed. Notice to the child may be excused by order of the 852 court when the age, capacity, or other condition of the child is 853 such that the notice would be meaningless or detrimental to the 854 child. 855 (28)Physically secure shelter means a department 856 approved locked facility or locked unit within a facility for 857 the care of a child adjudicated a child in need of services who 858 is court ordered to be held pursuant to s. 984.226. A physically 859 secure shelter unit shall provide 24-hour, continuous 860 supervision. 861 (42)Preliminary screening means the gathering of 862 preliminary information to be used in determining a childs need 863 for further evaluation or assessment or for referral for other 864 substance abuse services through means such as psychosocial 865 interviews; urine and breathalyzer screenings; and reviews of 866 available educational, delinquency, and dependency records of 867 the child. 868 (29)(43)Preventive services means social services and 869 other supportive and evaluation and intervention rehabilitative 870 services provided to the child or the parent, of the child, the 871 legal guardian of the child, or the custodian of the child and 872 to the child for the purpose of averting the removal of the 873 child from the home or disruption of a family which will or 874 could result in an adjudication that orders the placement of a 875 child under dependency supervision into foster care or into the 876 delinquency system or that will or could result in the child 877 living on the street. Social services and other supportive and 878 rehabilitative services may include the provision of assessment 879 and screening services; individual, group, or family counseling; 880 specialized educational and vocational services; temporary 881 voluntary shelter for the child; outreach services for children 882 living on the street; independent living services to assist 883 adolescents in achieving a successful transition to adulthood; 884 and other specialized services. 885 (44)Protective supervision means a legal status in 886 child-in-need-of-services cases or family-in-need-of-services 887 cases which permits the child to remain in his or her own home 888 or other placement under the supervision of an agent of the 889 Department of Juvenile Justice or the Department of Children and 890 Families, subject to being returned to the court during the 891 period of supervision. 892 (30)(45)Relative means a grandparent, great-grandparent, 893 sibling, first cousin, aunt, uncle, great-aunt, great-uncle, 894 niece, or nephew, whether related by the whole or half blood, by 895 affinity, or by adoption. The term does not include a 896 stepparent. 897 (31)(46)Reunification services means social services and 898 other supportive and rehabilitative services provided to the 899 child and the parent of the child, the legal guardian of the 900 child, or the custodian of the child, whichever is applicable,; 901 the child; and, where appropriate, the foster parents of the 902 child for the purpose of assisting enabling a child who has been 903 placed in temporary shelter care to return to his or her family 904 at the most appropriate and effective earliest possible time 905 based on the presenting concerns at intake. Social services and 906 other supportive and rehabilitative services shall be consistent 907 with the childs need for a safe, continuous, and stable living 908 environment and shall promote the strengthening of family life 909 whenever possible. 910 (32)(47)Secure detention center or facility means a 911 physically restricting facility for the temporary care of 912 children, pending adjudication, disposition, or placement under 913 chapter 985. 914 (33)(48)Shelter means a department-approved shelter 915 facility for the temporary care of runaway children; children 916 placed for voluntary shelter respite upon request of the child 917 or the childs parent, legal guardian, or custodian; or for 918 placement of a child who has been adjudicated a child in need of 919 services or who has been found in contempt of court under s. 920 984.09. Shelters must provide 24-hour continual supervision a 921 place for the temporary care of a child who is alleged to be or 922 who has been found to be dependent, a child from a family in 923 need of services, or a child in need of services, pending court 924 disposition before or after adjudication or after execution of a 925 court order. Shelter may include a facility which provides 24 926 hour continual supervision for the temporary care of a child who 927 is placed pursuant to s. 984.14. 928 (49)Shelter hearing means a hearing provided for under 929 s. 984.14 in family-in-need-of-services cases or child-in-need 930 of-services cases. 931 (50)Staff-secure shelter means a facility in which a 932 child is supervised 24 hours a day by staff members who are 933 awake while on duty. The facility is for the temporary care and 934 assessment of a child who has been found to be dependent, who 935 has violated a court order and been found in contempt of court, 936 or whom the Department of Children and Families is unable to 937 properly assess or place for assistance within the continuum of 938 services provided for dependent children. 939 (34)(51)Substance abuse means using, without medical 940 reason, any psychoactive or mood-altering drug, including 941 alcohol, in such a manner as to induce impairment resulting in 942 dysfunctional social behavior. 943 (35)(52)Taken into custody means the status of a child 944 immediately when temporary physical control over the child is 945 attained by a person authorized by law, pending the childs 946 release, shelter detention, placement, or other disposition as 947 authorized by law. 948 (36)(53)Temporary legal custody means the relationship 949 that a juvenile court creates between a child and an adult 950 relative of the child, adult nonrelative approved by the court, 951 or other person until a more permanent arrangement is ordered. 952 Temporary legal custody confers upon the custodian the right to 953 have temporary physical custody of the child and the right and 954 duty to protect, train, and discipline the child and to provide 955 the child with food, shelter, and education, and ordinary 956 medical, dental, psychiatric, and psychological care, unless 957 these rights and duties are otherwise enlarged or limited by the 958 court order establishing the temporary legal custody 959 relationship. 960 (37)(54)Truancy petition means a petition filed by the 961 superintendent of schools under s. 984.151 for the purpose of 962 early truancy intervention alleging that a student subject to 963 compulsory school attendance has had at least five unexcused 964 absences, or absences for which the reasons are unknown, within 965 a calendar month or 10 unexcused absences, or absences for which 966 the reasons are unknown, within a 90-calendar-day period, or has 967 had more than 15 unexcused absences in a 90-calendar-day period. 968 A truancy petition is filed and processed under s. 984.151. 969 (38)Truant status offender means a child subject to the 970 jurisdiction of the court under s. 984.151 who has been found by 971 the court to be truant while subject to compulsory education. 972 The courts jurisdiction is limited to entering orders to 973 require the child to attend school and participate in services 974 to encourage regular school attendance. A truant status offender 975 is not a delinquent child and may not be deemed to have 976 committed a criminal or delinquent act solely due to failure to 977 attend school. 978 (39)(55)Violation of law or delinquent act means a 979 violation of any law of this state, the United States, or any 980 other state which is a misdemeanor or a felony or a violation of 981 a county or municipal ordinance which would be punishable by 982 incarceration if the violation were committed by an adult. 983 (40)Voluntary family services means voluntary services 984 provided by the department or an agency designated by the 985 department to a family that has a child who is running away; who 986 is ungovernable by persistently disobeying reasonable and lawful 987 demands of the parent, legal guardian, or custodian and is 988 beyond the control of the parent, legal guardian, or custodian; 989 or who is a habitual truant or engaging in other serious 990 behaviors that place the child at risk of future abuse, neglect, 991 abandonment, or entering the juvenile justice system. The child 992 must be referred to the Department of Juvenile Justice or an 993 agency designated by the department to provide voluntary 994 services to families and children. 995 Section 5.Section 984.04, Florida Statutes, is amended to 996 read: 997 984.04Early truancy intervention; families in need of 998 services and children in need of services; procedures and 999 jurisdiction. 1000 (1)It is the intent of the Legislature to address the 1001 problems of families in need of services by providing them with 1002 an array of services designed to preserve the unity and 1003 integrity of the family and to emphasize parental responsibility 1004 for the behavior of their children. Services to families in need 1005 of services and children in need of services shall be provided 1006 on a continuum of increasing intensity and participation by the 1007 parent and child. Judicial intervention to resolve the problems 1008 and conflicts that exist within a family shall be limited to 1009 situations in which a resolution to the problem or conflict has 1010 not been achieved through service, treatment, and family 1011 intervention after all available less restrictive resources have 1012 been exhausted. In creating this chapter, the Legislature 1013 recognizes the need to distinguish the problems of truants, 1014 runaways, and children beyond the control of their parents, and 1015 the services provided to these children, from the problems and 1016 services designed to meet the needs of abandoned, abused, 1017 neglected, and delinquent children. In achieving this 1018 recognition, it shall be the policy of the state to develop 1019 short-term, temporary services and programs utilizing the least 1020 restrictive method for families in need of services and children 1021 in need of services. 1022 (1)(2)The department of Juvenile Justice shall be 1023 responsible for all nonjudicial proceedings involving voluntary 1024 a family in need of services for a family identified as a family 1025 in need of services. 1026 (3)All nonjudicial procedures in family-in-need-of 1027 services cases shall be according to rules established by the 1028 department of Juvenile Justice under chapter 120. 1029 (2)(4)The circuit court shall have exclusive original 1030 jurisdiction of judicial proceedings involving early truancy 1031 intervention. When the jurisdiction of any child found to be 1032 truant under s. 984.151 is obtained, the court may retain 1033 jurisdiction for up to 180 days. The court must terminate 1034 supervision and relinquish jurisdiction if the child has 1035 substantially complied with the requirements of early truancy 1036 intervention, is no longer subject to compulsory education, or 1037 is adjudicated a child in need of services under s. 984.21 1038 continued placement of a child from a family in need of services 1039 in shelter. 1040 (3)(5)The circuit court shall have exclusive original 1041 jurisdiction of proceedings in which a child is alleged to be a 1042 child in need of services. When the jurisdiction of any child 1043 who has been found to be a child in need of services or the 1044 parent, custodian, or legal guardian of such a child is 1045 obtained, the court shall retain jurisdiction, unless 1046 relinquished by its order or unless the department withdraws its 1047 petition because the child no longer meets the definition of a 1048 child in need of services as defined in s. 984.03, until the 1049 child reaches 18 years of age. This subsection does shall not be 1050 construed to prevent the exercise of jurisdiction by any other 1051 court having jurisdiction of the child if the child commits a 1052 violation of law, is the subject of the dependency provisions 1053 under this chapter, or is the subject of a pending investigation 1054 into an allegation or suspicion of abuse, neglect, or 1055 abandonment. 1056 (4)Jurisdiction of the circuit court shall attach to the 1057 case and parties to proceedings filed under s. 984.15 or under 1058 s. 984.151 when the summons is served upon the child and a 1059 parent, legal guardian, or custodian, or when the parties 1060 personally appear before the court. 1061 (5)(6)All procedures, including petitions, pleadings, 1062 subpoenas, summonses, and hearings, in proceedings under this 1063 chapter family-in-need-of-services cases and child-in-need-of 1064 services cases shall be according to the Florida Rules of 1065 Juvenile Procedure unless otherwise provided by law. 1066 (7)The department may contract with a provider to provide 1067 services and programs for families in need of services and 1068 children in need of services. 1069 Section 6.Subsections (2) and (4) of section 984.06, 1070 Florida Statutes, are amended to read: 1071 984.06Oaths, records, and confidential information. 1072 (2)The court shall make and keep records of all cases 1073 brought before it pursuant to this chapter and shall preserve 1074 the records pertaining to a child in need of services until 10 1075 years after the last entry was made or until the child is 18 1076 years of age, whichever date is first reached, and may then 1077 destroy them. The court shall make official records, consisting 1078 of all petitions and orders filed in a case arising pursuant to 1079 this chapter and any other pleadings, certificates, proofs of 1080 publication, summonses, warrants, and other writs which are 1081 filed in the case. 1082 (4)Except as provided in subsection (3), all information 1083 obtained pursuant to this chapter in the discharge of official 1084 duty by any judge, employee of the court, authorized agent of 1085 the department, school employee, district superintendent, school 1086 board employee, or law enforcement agent is confidential and may 1087 not be disclosed to anyone other than the authorized personnel 1088 of the court, the department and its designees, school or school 1089 board personnel, law enforcement agencies, and others entitled 1090 under this chapter to receive that information, except upon 1091 order of the court. 1092 Section 7.Section 984.07, Florida Statutes, is amended to 1093 read: 1094 984.07Right to counsel; waiver; appointed counsel; 1095 compensation. 1096 (1)When a petition is filed alleging that a child is a 1097 child in need of services or if the child is subject to contempt 1098 proceedings under s. 984.09, the child must be represented by 1099 counsel at each court appearance. The court must appoint counsel 1100 unless the child is not indigent and has counsel present to 1101 represent the child or the record in that proceeding 1102 affirmatively demonstrates by clear and convincing evidence that 1103 the child knowingly and intelligently waived the right to 1104 counsel after being fully advised by the court of the nature of 1105 the proceedings and the dispositional alternatives available to 1106 the court. If the child waives counsel at any proceeding, the 1107 court shall advise the child with respect to the right to 1108 counsel at every subsequent hearing. 1109 (2)A child in proceedings under s. 984.151 may have 1110 counsel appointed by the court if the court determines it is in 1111 the best interest of the child. 1112 (3)If the court appoints counsel for a child, and if the 1113 child and his or her parents or legal guardians are indigent and 1114 unable to employ counsel, the court must appoint an attorney to 1115 represent the child under s. 27.511. Determination of indigence 1116 and costs of representation shall be as provided by s. 57.082. 1117 Legal counsel representing a child who exercises the right to 1118 counsel may provide advice and counsel to the child at any time 1119 after appointment. 1120 (4)If the parents or legal guardians of an indigent child 1121 are not indigent but refuse to employ counsel, the court shall 1122 appoint counsel pursuant to s. 27.511 to represent the child 1123 until counsel is provided. Costs of representation must be 1124 imposed as provided by s. 57.082. Thereafter, the court may not 1125 appoint counsel for an indigent child with nonindigent parents 1126 or legal guardian but shall order the parents or legal guardian 1127 to obtain private counsel. 1128 (a)A parent or legal guardian of an indigent child who has 1129 been ordered to obtain private counsel for the child and who 1130 willfully fails to follow the court order shall be punished by 1131 the court in civil contempt proceedings. 1132 (b)An indigent child may have counsel appointed pursuant 1133 to ss. 27.511 and 57.082 if the parents or legal guardian have 1134 willfully refused to obey the court order to obtain counsel for 1135 the child and have been punished by civil contempt. Costs of 1136 representation must be imposed as provided by s. 57.082. 1137 (5)If the court makes a finding that nonindigent parents 1138 have made a good faith effort to participate in services and 1139 remediate the childs behavior, but despite their good faith 1140 efforts, the childs truancy, ungovernable behavior, or runaway 1141 behavior has persisted, the court may appoint counsel to 1142 represent the child as provided in s. 27.511. 1143 (6)If counsel is entitled to receive compensation for 1144 representation pursuant to court appointment in a child in need 1145 of services proceeding, such compensation may not exceed $1,000 1146 at the trial level and $2,500 at the appellate level. 1147 (7)This section does not preclude the court from 1148 requesting reimbursement of attorney fees and costs from the 1149 nonindigent parent or legal guardian. 1150 (8)The court may appoint an attorney to represent a parent 1151 or legal guardian under this chapter only upon a finding that 1152 the parent or legal guardian is indigent pursuant to s. 57.082. 1153 If an attorney is appointed, the parent or legal guardian shall 1154 be enrolled in a payment plan pursuant to s. 28.246 If counsel 1155 is entitled to receive compensation for representation pursuant 1156 to court appointment in a child-in-need-of-services proceeding, 1157 such compensation shall not exceed $1,000 at the trial level and 1158 $2,500 at the appellate level. 1159 Section 8.Subsection (1) of section 984.071, Florida 1160 Statutes, is amended, and subsection (3) is added to that 1161 section, to read: 1162 984.071Resources and information. 1163 (1)The department of Juvenile Justice, in collaboration 1164 with the Department of Children and Families and the Department 1165 of Education, shall develop and publish an information guide 1166 packet that explains the current process under this chapter for 1167 obtaining assistance for a child in need of services or a family 1168 in need of services and the community services and resources 1169 available to parents of troubled or runaway children. The 1170 information guide shall be published in a written format for 1171 distribution and shall also be published on the departments 1172 website. In preparing the information packet, the Department of 1173 Juvenile Justice shall work with school district 1174 superintendents, juvenile court judges, county sheriffs, and 1175 other local law enforcement officials in order to ensure that 1176 the information packet lists services and resources that are 1177 currently available within the county in which the packet is 1178 distributed. Each information guide packet shall be reviewed 1179 annually and updated as appropriate. The school district shall 1180 distribute this information guide packet to parents of truant 1181 children, and to other parents upon request or as deemed 1182 appropriate by the school district. In addition, the department 1183 of Juvenile Justice shall distribute the information guide 1184 packet to state and local law enforcement agencies. Any law 1185 enforcement officer who has contact with the parent of a child 1186 who is locked out of the home, who is ungovernable, or who runs 1187 away from home shall make the information guide available to the 1188 parent. 1189 (3)The Department of Education and the Department of 1190 Children and Families must each post the departments 1191 information guide on their respective websites. 1192 Section 9.Sections 984.08 and 984.085, Florida Statutes, 1193 are repealed. 1194 Section 10.Section 984.0861, Florida Statutes, is created 1195 to read: 1196 984.0861Prohibited use of detention.A child under the 1197 jurisdiction of the court solely pursuant to this chapter may 1198 not be placed in: 1199 (1)Any form of detention care intended for the use of 1200 alleged juvenile delinquents as authorized under chapter 985 for 1201 any purpose. 1202 (2)A secure detention facility authorized for use under 1203 chapter 985 for any purpose. 1204 (3)Any jail or other similar facility used for the purpose 1205 of detention or confinement of adults for any purpose. 1206 Section 11.Section 984.09, Florida Statutes, is amended to 1207 read: 1208 984.09Punishment for contempt of court; alternative 1209 sanctions. 1210 (1)CONTEMPT OF COURT; LEGISLATIVE INTENT.The court may 1211 punish any child for contempt for interfering with the court or 1212 with court administration, or for violating any provision of 1213 this chapter or order of the court relative thereto. It is the 1214 intent of the Legislature that the court restrict and limit the 1215 use of contempt powers and prohibit the use of detention care 1216 and secure detention facilities as provided in s. 984.0861 with 1217 respect to commitment of a child to a secure facility. A child 1218 who commits direct contempt of court or indirect contempt of a 1219 valid court order may be taken into custody and ordered to serve 1220 an alternative sanction or placed in a shelter secure facility, 1221 as authorized in this section, by order of the court. 1222 (2)PLACEMENT IN A SHELTER SECURE FACILITY.A child 1223 adjudicated as a child in need of services may only be placed in 1224 a shelter secure facility for purposes of punishment for 1225 contempt of court if alternative sanctions are unavailable or 1226 inappropriate, or if the child has already been ordered to serve 1227 an alternative sanction but failed to comply with the sanction. 1228 (a)A delinquent child who has been held in direct or 1229 indirect contempt may be placed in a secure detention facility 1230 for 5 days for a first offense or 15 days for a second or 1231 subsequent offense, or in a secure residential commitment 1232 facility. 1233 (a)(b)A child in need of services who has been held in 1234 direct contempt or indirect contempt may be placed, for 5 days 1235 for a first offense or 15 days for a second or subsequent 1236 offense, in a staff-secure shelter operated by or contracted 1237 with the department to provide such services or a staff-secure 1238 residential facility solely for children in need of services if 1239 such placement is available, or, if such placement is not 1240 available, the child may be placed in an appropriate mental 1241 health facility or substance abuse facility for assessment. In 1242 addition to disposition under this paragraph, a child in need of 1243 services who is held in direct contempt or indirect contempt may 1244 be placed in a physically secure shelter setting as provided 1245 under s. 984.226 if conditions of eligibility are met. 1246 (b)A child subject to proceedings under s. 984.151 who has 1247 been held in direct contempt or indirect contempt may only be 1248 placed, for 5 days for a first offense or 15 days for a second 1249 or subsequent offense, in a shelter operated by or contracted 1250 with the department for such services if a shelter bed is 1251 available. Upon a second or subsequent finding of contempt under 1252 this section, the court must refer the child to the case 1253 staffing committee with a recommendation to file a child in need 1254 of services petition. 1255 (c)Any shelter placement ordered under this section must 1256 be given as a cumulative sanction. Separate sanctions for the 1257 same act or series of acts within the same episode may not be 1258 imposed. 1259 (3)ALTERNATIVE SANCTIONS.Each judicial circuit shall have 1260 an alternative sanctions coordinator who shall serve under the 1261 chief administrative judge of the juvenile division of the 1262 circuit court, and who shall coordinate and maintain a spectrum 1263 of contempt sanction alternatives in conjunction with the 1264 circuit plan implemented in accordance with s. 790.22(4)(c). 1265 Upon determining that a child has committed direct contempt of 1266 court or indirect contempt of a valid court order, the court may 1267 immediately request the circuit alternative sanctions 1268 coordinator to recommend the most appropriate available 1269 alternative sanction and shall order the child to perform up to 1270 50 hours of community-service manual labor or a similar 1271 alternative sanction, unless an alternative sanction is 1272 unavailable or inappropriate, or unless the child has failed to 1273 comply with a prior alternative sanction. Alternative contempt 1274 sanctions may be provided by local industry or by any nonprofit 1275 organization or any public or private business or service entity 1276 that has entered into a contract with the department of Juvenile 1277 Justice to act as an agent of the state to provide voluntary 1278 supervision of children on behalf of the state in exchange for 1279 the manual labor of children and limited immunity in accordance 1280 with s. 768.28(11). 1281 (4)CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE 1282 PROCESS. 1283 (a)If a child subject to proceedings under this chapter is 1284 charged with direct contempt of court, including traffic court, 1285 the court may impose an authorized sanction immediately. 1286 (b)If a child subject to proceedings under this chapter is 1287 charged with indirect contempt of court, the court must issue an 1288 order to show cause and schedule hold a hearing within 24 hours 1289 to determine whether the child committed indirect contempt of a 1290 valid court order. The child must be served with the order to 1291 show cause and notice of hearing. At the hearing, the following 1292 due process rights must be provided to the child: 1293 1.Right to a copy of the order to show cause alleging 1294 facts supporting the contempt charge. 1295 2.Right to an explanation of the nature and the 1296 consequences of the proceedings. 1297 3.Right to legal counsel and the right to have legal 1298 counsel appointed by the court if the juvenile is indigent, 1299 pursuant to s. 984.07 s. 985.033. 1300 4.Right to confront witnesses. 1301 5.Right to present witnesses. 1302 6.Right to have a transcript or record of the proceeding. 1303 7.Right to appeal to an appropriate court. 1304 1305 The childs parent, legal or guardian, or custodian may address 1306 the court regarding the due process rights of the child. If 1307 after the hearing, the court determines the child has committed 1308 indirect contempt of a valid court order, the court may impose 1309 an alternative sanction or may proceed under subsection (2). If 1310 the court orders shelter placement of a child found in contempt 1311 of court, the court shall review the matter placement of the 1312 child every 72 hours to determine whether it is appropriate for 1313 the child to remain in the facility. 1314 (c)The court may not order that a child be placed in a 1315 shelter secure facility for punishment for contempt unless the 1316 court determines that an alternative sanction is inappropriate 1317 or unavailable or that the child was initially ordered to an 1318 alternative sanction and did not comply with the alternative 1319 sanction. The court is encouraged to order a child to perform 1320 community service, up to the maximum number of hours, where 1321 appropriate before ordering that the child be placed in a 1322 shelter secure facility as punishment for contempt of court. 1323 (d)In addition to any other sanction imposed under this 1324 section, the court may direct the Department of Highway Safety 1325 and Motor Vehicles to withhold issuance of, or suspend, a 1326 childs driver license or driving privilege. The court may order 1327 that a childs driver license or driving privilege be withheld 1328 or suspended for up to 1 year for a first offense of contempt 1329 and up to 2 years for a second or subsequent offense. If the 1330 childs driver license or driving privilege is suspended or 1331 revoked for any reason at the time the sanction for contempt is 1332 imposed, the court shall extend the period of suspension or 1333 revocation by the additional period ordered under this 1334 paragraph. If the childs driver license is being withheld at 1335 the time the sanction for contempt is imposed, the period of 1336 suspension or revocation ordered under this paragraph shall 1337 begin on the date on which the child is otherwise eligible to 1338 drive. For a child in need of services whose driver license or 1339 driving privilege is suspended under this paragraph, the court 1340 may direct the Department of Highway Safety and Motor Vehicles 1341 to issue the child a license for driving privileges restricted 1342 to business or employment purposes only, as defined in s. 1343 322.271, or for the purpose of completing court-ordered 1344 community service, if the child is otherwise qualified for a 1345 license. However, the department may not issue a restricted 1346 license unless specifically ordered to do so by the court. 1347 (5)ALTERNATIVE SANCTIONS COORDINATOR.There is created the 1348 position of alternative sanctions coordinator within each 1349 judicial circuit, pursuant to subsection (3). Each alternative 1350 sanctions coordinator shall serve under the direction of the 1351 chief administrative judge of the juvenile division as directed 1352 by the chief judge of the circuit. The alternative sanctions 1353 coordinator shall act as the liaison between the judiciary, 1354 local department officials, district school board employees, and 1355 local law enforcement agencies. The alternative sanctions 1356 coordinator shall coordinate within the circuit community-based 1357 alternative sanctions, including nonsecure detention programs, 1358 community service projects, and other juvenile sanctions, in 1359 conjunction with the circuit plan implemented in accordance with 1360 s. 790.22(4)(c). 1361 Section 12.Section 984.10, Florida Statutes, is amended to 1362 read: 1363 984.10Intake. 1364 (1)Intake shall be performed by the department or the 1365 departments authorized agent. A report or complaint alleging 1366 that a child is from a family in need of services shall be made 1367 to the intake office operating in the county in which the child 1368 is found or in which the case arose. Any person or agency, 1369 including, but not limited to, the parent, or legal guardian, or 1370 custodian, the local school district, a law enforcement agency, 1371 or the Department of Children and Families, having knowledge of 1372 the facts may make a report or complaint. 1373 (2)A representative of the department shall make a 1374 preliminary determination as to whether the report or complaint 1375 is complete. The criteria for the completeness of a report or 1376 complaint with respect to a child alleged to be from a family in 1377 need of services while subject to compulsory school attendance 1378 shall be governed by s. 984.03 s. 984.03(27). In any case in 1379 which the representative of the department finds that the report 1380 or complaint is incomplete, the representative of the department 1381 shall return the report or complaint without delay to the person 1382 or agency originating the report or complaint or having 1383 knowledge of the facts or to the appropriate law enforcement 1384 agency having investigative jurisdiction and request additional 1385 information in order to complete the report or complaint. 1386 (3)If the representative of the department determines that 1387 in his or her judgment the interests of the family, the child, 1388 and the public will be best served by providing the family and 1389 child services and treatment voluntarily accepted by the child 1390 and the parents, or legal guardians, or custodians, the 1391 departments departmental representative may refer the family or 1392 child to an appropriate service and treatment provider. As part 1393 of the intake procedure, the departments departmental 1394 representative shall inform the parent, or legal custodian 1395 guardian, or custodian, in writing, of the services currently 1396 and treatment available to the child and family by department 1397 providers and other or community agencies in the county in which 1398 the family is located, and the rights and responsibilities of 1399 the parent, or legal guardian, or custodian under this chapter. 1400 Upon admission, and depending on services, a staff member may be 1401 assigned to the family as deemed appropriate. 1402 (4)If the department reasonably believes has reasonable 1403 grounds to believe that the child has been abandoned, abused, or 1404 neglected, it shall proceed pursuant to the provisions of 1405 chapter 39 and report immediately to the central abuse hotline. 1406 Section 13.Section 984.11, Florida Statutes, is amended to 1407 read: 1408 984.11Services to families in need of services. 1409 (1)The department or its authorized agent shall provide an 1410 array of voluntary family services aimed at remediating school 1411 truancy, homelessness, and runaway and ungovernable behavior by 1412 children. Services and treatment to families in need of services 1413 shall be by voluntary agreement of the parent, or legal 1414 guardian, or custodian and the child or as directed by a court 1415 order pursuant to s. 984.22. 1416 (2)A family is not eligible to receive voluntary family 1417 services, if, at the time of the referral, the child is under 1418 court-ordered supervision by the department for delinquency 1419 under chapter 985 or by the Department of Children and Families 1420 due to a finding of dependency under chapter 39. A child who has 1421 received a prearrest delinquency citation, or is receiving 1422 delinquency diversion services, may receive voluntary family 1423 services. 1424 (3)If there is a pending investigation into an allegation 1425 of abuse, neglect or abandonment, the child may be eligible for 1426 voluntary family services if the Department of Children and 1427 Families agrees to the provision of services and makes a 1428 referral. An interagency agreement between the department and 1429 the Department of Children and Families shall govern this 1430 referral process, which is contingent on available funding. The 1431 department must notify the Department of Children and Families 1432 if a referral is declined. 1433 (4)(2)These services may include, but need not be limited 1434 to: 1435 (a)Homemaker or Parent aide services. 1436 (b)Intensive crisis counseling. 1437 (c)Parent training. 1438 (d)Individual, group, or family counseling. 1439 (e)Referral to community mental health services. 1440 (f)Prevention and diversion services. 1441 (g)Services provided by voluntary or community agencies. 1442 (h)Runaway center services. 1443 (i)Runaway shelter Housekeeper services. 1444 (j)Referral for special educational, tutorial, or remedial 1445 services. 1446 (k)Referral to vocational, career development job 1447 training, or employment services. 1448 (l)Recreational services. 1449 (m)Assessment. 1450 (n)Case management. 1451 (o)Referral for or provision of substance abuse assessment 1452 or treatment. 1453 (5)(3)The department shall advise the parents, or legal 1454 guardian, or custodian that they are responsible for 1455 contributing to the cost of the child or family services and 1456 treatment to the extent of their ability to pay. The parent is 1457 responsible for using health care insurance to the extent it is 1458 available for the provision of health services The department 1459 shall set and charge fees for services and treatment provided to 1460 clients. The department may employ a collection agency for the 1461 purpose of receiving, collecting, and managing the payment of 1462 unpaid and delinquent fees. The collection agency must be 1463 registered and in good standing under chapter 559. The 1464 department may pay to the collection agency a fee from the 1465 amount collected under the claim or may authorize the agency to 1466 deduct the fee from the amount collected. 1467 (4)The department may file a petition with the circuit 1468 court to enforce the collection of fees for services and 1469 treatment rendered to the child or the parent and other legal 1470 custodians. 1471 Section 14.Section 984.12, Florida Statutes, is amended to 1472 read: 1473 984.12Case staffing; services and treatment related to a 1474 family in need of services. 1475 (1)The appropriate representative of the department shall 1476 request a meeting of the family and child with a case staffing 1477 committee to review the case of any family or child who the 1478 department determines is in need of services or treatment if: 1479 (a)The family or child is not in agreement with the 1480 services or treatment offered; 1481 (b)The family or child will not participate in the 1482 services or treatment selected; or 1483 (c)The representative of the department needs assistance 1484 in developing an appropriate plan for services. The time and 1485 place selected for the meeting shall be convenient for the child 1486 and family. 1487 (2)The composition of the case staffing committee shall be 1488 based on the needs of the family and child. It shall include a 1489 representative from the childs school district and a 1490 representative of the department of Juvenile Justice, and may 1491 include the departments authorized agent and a supervisor of 1492 the departments contracted provider; a representative from the 1493 area of health, mental health, substance abuse, or social, or 1494 educational services; a representative of the state attorney; a 1495 representative of law enforcement the alternative sanctions 1496 coordinator; and any person recommended by the child, family, or 1497 department. The child and the childs parent, legal guardian, or 1498 custodian must be invited to attend the committee meeting. 1499 (3)The case staffing committee shall: 1500 (a)Identify the familys concerns and contributing 1501 factors. 1502 (b)Request the family and child to identify their needs 1503 and concerns. 1504 (c)Seek input from the school district and any other 1505 persons in attendance with knowledge of the family or childs 1506 situation and concerns. 1507 (d)Consider the voluntary family services or other 1508 community services that have been offered and the results of 1509 those services. 1510 (e)Identify whether truancy is a concern and evaluate 1511 compliance with the remedial strategies provided pursuant to s. 1512 1003.26. 1513 (f)Reach a timely decision to provide the child or family 1514 with needed services and recommend any appropriate and treatment 1515 through the development of a plan for services. 1516 (4)The plan for services shall contain the following: 1517 (a)Statement of the concerns problems. 1518 (b)Needs of the child. 1519 (c)Needs of the parents, legal guardian, or legal 1520 custodian. 1521 (d)Measurable objectives that address the identified 1522 problems and needs. 1523 (e)Services and treatment to be provided, to include: 1524 1.Type of services or treatment. 1525 2.Frequency of services or treatment. 1526 3.Location. 1527 4.Accountable service providers or staff. 1528 (f)Timeframes for achieving objectives. 1529 (5)Upon receipt of the plan, the child and family shall 1530 acknowledge their position by accepting or rejecting the 1531 services and provisions in writing. If the plan is accepted, it 1532 shall be implemented as soon as is practicable. 1533 (6)The assigned case manager shall have responsibility A 1534 case manager shall be designated by the case staffing committee 1535 to be responsible for implementing the plan. The departments 1536 authorized agent case manager shall periodically review the 1537 progress towards achieving the objectives of the plan in order 1538 to: 1539 (a)Advise the case staffing committee of the need to make 1540 adjustments to the plan; or 1541 (b)Recommend a child in need of services petition be filed 1542 by the department; or 1543 (c)(b)Terminate the case as indicated by successful or 1544 substantial achievement of the objectives of the plan. 1545 (7)The parent, legal guardian, or legal custodian may 1546 convene a meeting of the case staffing committee, and any other 1547 member of the committee may convene a meeting if the member 1548 finds that doing so is in the best interest of the family or 1549 child. A case staffing committee meeting requested by a parent, 1550 guardian, or legal custodian must be convened within 7 days, 1551 excluding weekends and legal holidays, after the date the 1552 departments representative receives the request in writing. 1553 (8)Any other member of the committee may convene a meeting 1554 if voluntary family services have been offered and the services 1555 have been rejected by the child or family, or the child has not 1556 made measurable progress toward achieving the service plan 1557 goals, and the member finds that doing so is in the best 1558 interest of the family or child. 1559 (9)A case staffing committee meeting must be convened 1560 within 30 days after the date the case is referred by the court 1561 pursuant to s. 984.151. 1562 (10)(8)Within 7 days after meeting, the case staffing 1563 committee shall provide the parent, legal guardian, or legal 1564 custodian with a written report that details the reasons for the 1565 committees decision to recommend, or decline to recommend, that 1566 the department file a petition alleging that the child is a 1567 child in need of services. 1568 (11)The case staffing committee may reconvene from time to 1569 time as may be necessary to make adjustments to the plan. 1570 Section 15.Section 984.13, Florida Statutes, is amended to 1571 read: 1572 984.13Taking a child into custody a child alleged to be 1573 from a family in need of services or to be a child in need of 1574 services. 1575 (1)A child may be taken into custody: 1576 (a)By a law enforcement officer when the officer 1577 reasonably believes has reasonable grounds to believe that the 1578 child has run away from his or her parents, legal guardian, or 1579 other legal custodian. 1580 (b)By a designated school representative pursuant to s. 1581 1003.26(3) or a law enforcement officer when the officer 1582 reasonably believes has reasonable grounds to believe that the 1583 child is absent from school without authorization or is 1584 suspended or expelled and is not in the presence of his or her 1585 parent, or legal guardian, or custodian, for the purpose of 1586 delivering the child without unreasonable delay to the 1587 appropriate school system site. For the purpose of this 1588 paragraph, school system site includes, but is not limited to, 1589 a center approved by the superintendent of schools for the 1590 purpose of counseling students and referring them back to the 1591 school system or an approved alternative to a suspension or 1592 expulsion program. If a student is suspended or expelled from 1593 school without assignment to an alternative school placement, 1594 the law enforcement officer or designated school representative 1595 pursuant to s. 1003.26(3) shall deliver the child to the parent, 1596 or legal guardian, or custodian, to a location determined by the 1597 parent, legal or guardian, or custodian, or to a designated 1598 truancy interdiction site until the parent or guardian can be 1599 located. 1600 (c)Pursuant to an order of the circuit court based upon 1601 sworn testimony before or after a child in need of services 1602 petition is filed under s. 984.15. 1603 (d)Pursuant to an order of the circuit court based upon a 1604 finding of contempt under this chapter for the purpose of 1605 delivering the child to a designated shelter facility. 1606 (e)(d)By a law enforcement officer when the child 1607 voluntarily agrees to or requests services pursuant to this 1608 chapter or placement in a shelter. 1609 (2)The person taking the child into custody shall: 1610 (a)Release the child to a parent, legal guardian, legal 1611 custodian, or responsible adult relative and make a full written 1612 report to the departments authorized agent for families in need 1613 of services within 3 days after release or to a department 1614 approved family-in-need-of-services and child-in-need-of 1615 services provider if the person taking the child into custody 1616 reasonably believes has reasonable grounds to believe the child 1617 has run away from a parent, legal guardian, or legal custodian; 1618 is truant; or is ungovernable and beyond the control of the 1619 parent, guardian, or legal custodian; following such release, 1620 the person taking the child into custody shall make a full 1621 written report to the intake office of the department within 3 1622 days; or 1623 (b)Deliver the child to a shelter when: the department, 1624 stating the facts by reason of which the child was taken into 1625 custody and sufficient information to establish probable cause 1626 that the child is from a family in need of services. 1627 1.The parent, legal guardian, or custodian is unavailable 1628 to take immediate custody of the child; 1629 2.The child requested voluntary family services and 1630 shelter placement; 1631 3.A court order under this chapter for shelter placement 1632 has been issued; or 1633 4.The child and the parent, legal guardian, or custodian 1634 voluntarily agree the child is in need of temporary shelter 1635 placement and such placement is necessary to provide a safe 1636 place for the child to remain until the parents and child can 1637 agree on conditions for the childs safe return home. 1638 (c)Deliver the child to a hospital for necessary 1639 evaluation and treatment if the child is reasonably believed to 1640 be suffering from a serious physical condition which requires 1641 either prompt diagnosis or treatment. 1642 (d)Deliver the child to a designated public receiving 1643 facility as defined in s. 394.455 for examination under s. 1644 394.463 if the child is reasonably believed to be mentally ill, 1645 including immediate threat of suicide as provided in s. 1646 394.463(1). 1647 (e)Deliver the child to a hospital, addictions receiving 1648 facility, or treatment resource if the child is reasonably 1649 believed to be intoxicated and has threatened, attempted, or 1650 inflicted physical harm on himself or herself or another, or is 1651 incapacitated by substance abuse. 1652 (3)If the child is taken into custody and by, or is 1653 delivered to a shelter, the department, the departments 1654 authorized agent appropriate representative of the department 1655 shall review the facts and make such further inquiry as 1656 necessary to determine whether the child shall remain in 1657 shelter, receive voluntary family services that would allow the 1658 child alleged to be from a family in need of services to remain 1659 at home, custody or be released. Unless shelter is required as 1660 provided in s. 984.14(1), the department shall: 1661 (a)Release the child to his or her parent, guardian, or 1662 legal custodian, to a responsible adult relative, to a 1663 responsible adult approved by the department, or to a 1664 department-approved family-in-need-of-services and child-in 1665 need-of-services provider; or 1666 (b)Authorize temporary services and treatment that would 1667 allow the child alleged to be from a family in need of services 1668 to remain at home. 1669 Section 16.Section 984.14, Florida Statutes, is amended to 1670 read: 1671 984.14Voluntary shelter services placement; hearing. 1672 (1)Temporary voluntary shelter services provided by the 1673 department shall provide a safe environment with 24-hour care 1674 and supervision, referrals for services as needed, and education 1675 at the center or offsite and counseling services for children. 1676 Unless ordered by the court pursuant to the provisions of this 1677 chapter, or upon voluntary consent to placement by the child and 1678 the childs parent, legal guardian, or custodian, a child taken 1679 into custody shall not be placed in a shelter prior to a court 1680 hearing unless a determination has been made that the provision 1681 of appropriate and available services will not eliminate the 1682 need for placement and that such placement is required: 1683 (a)To provide an opportunity for the child and family to 1684 agree upon conditions for the childs return home, when 1685 immediate placement in the home would result in a substantial 1686 likelihood that the child and family would not reach an 1687 agreement; or 1688 (b)Because a parent, custodian, or guardian is unavailable 1689 to take immediate custody of the child. 1690 (2)If a child is sheltered due to being a runaway, or a 1691 parent, legal guardian, or custodian is unavailable, the shelter 1692 shall immediately attempt to make contact with the parent, legal 1693 guardian, or custodian to advise the family of the childs 1694 whereabouts, determine whether the child can safely return home, 1695 or determine whether the family is seeking temporary voluntary 1696 shelter services until they can arrange to take the child home. 1697 If the parent, legal guardian, or custodian cannot be located 1698 within 24 hours, the Department of Children and Families shall 1699 be contacted to assume custody of the child If the department 1700 determines that placement in a shelter is necessary according to 1701 the provisions of subsection (1), the departmental 1702 representative shall authorize placement of the child in a 1703 shelter provided by the community specifically for runaways and 1704 troubled youth who are children in need of services or members 1705 of families in need of services and shall immediately notify the 1706 parents or legal custodians that the child was taken into 1707 custody. 1708 (3)A child who is involuntarily placed in a shelter shall 1709 be given a shelter hearing within 24 hours after being taken 1710 into custody to determine whether shelter placement is required. 1711 The shelter petition filed with the court shall address each 1712 condition required to be determined in subsection (1). 1713 (4)A child may not be held involuntarily in a shelter 1714 longer than 24 hours unless an order so directing is made by the 1715 court after a shelter hearing finding that placement in a 1716 shelter is necessary based on the criteria in subsection (1) and 1717 that the department has made reasonable efforts to prevent or 1718 eliminate the need for removal of the child from the home. 1719 (5)Except as provided under s. 984.225, a child in need of 1720 services or a child from a family in need of services may not be 1721 placed in a shelter for longer than 35 days. 1722 (6)When any child is placed in a shelter pursuant to court 1723 order following a shelter hearing, the court shall order the 1724 natural or adoptive parents of such child, the natural father of 1725 such child born out of wedlock who has acknowledged his 1726 paternity in writing before the court, or the guardian of such 1727 childs estate, if possessed of assets which under law may be 1728 disbursed for the care, support, and maintenance of the child, 1729 to pay, to the department, fees as established by the 1730 department. When the order affects the guardianship estate, a 1731 certified copy of the order shall be delivered to the judge 1732 having jurisdiction of the guardianship estate. 1733 (7)A child who is adjudicated a child in need of services 1734 or alleged to be from a family in need of services or a child in 1735 need of services may not be placed in a secure detention 1736 facility or jail or any other commitment program for delinquent 1737 children under any circumstances. 1738 (8)The court may order the placement of a child in need of 1739 services into a staff-secure facility for no longer than 5 days 1740 for the purpose of evaluation and assessment. 1741 Section 17.Section 984.15, Florida Statutes, is amended to 1742 read: 1743 984.15Petition for a child in need of services. 1744 (1)All proceedings seeking an adjudication that a child is 1745 a child in need of services shall be initiated by the filing of 1746 a petition by an attorney representing the department or by the 1747 childs parent, legal guardian, or legal custodian. If a child 1748 in need of services has been placed in a shelter pursuant to s. 1749 984.14, the department shall file the petition immediately, 1750 including in the petition notice of arraignment pursuant to s. 1751 984.20. 1752 (2)(a)The department shall file a petition for a child in 1753 need of services if the child meets the definition of a child in 1754 need of services, and the case manager or staffing committee 1755 recommends requests that a petition be filed and: 1756 1.The family and child have in good faith, but 1757 unsuccessfully, used the services and process described in ss. 1758 984.11 and 984.12; or 1759 2.The family or child have refused all services described 1760 in ss. 984.11 and 984.12 after reasonable efforts by the 1761 department to involve the family and child in voluntary family 1762 services and treatment. 1763 (b)Once the requirements in paragraph (a) have been met, 1764 the department shall file a petition for a child in need of 1765 services as soon as practicable within 45 days. 1766 (c)The petition shall be in writing, shall state the 1767 specific grounds under s. 984.03(9) by which the child is 1768 designated a child in need of services, and shall certify that 1769 the conditions prescribed in paragraph (a) have been met. The 1770 petition shall be signed by the petitioner under oath stating 1771 good faith in filing the petition and shall be signed by an 1772 attorney for the department. 1773 (3)(a)The parent, legal guardian, or legal custodian may 1774 file a petition alleging that a child is a child in need of 1775 services if: 1776 1.The department waives the requirement for a case 1777 staffing committee. 1778 2.The department fails to convene a meeting of the case 1779 staffing committee within 7 days, excluding weekends and legal 1780 holidays, after receiving a written request for such a meeting 1781 from the childs parent, legal guardian, or legal custodian. 1782 3.The parent, legal guardian, or legal custodian does not 1783 agree with the plan for services offered by the case staffing 1784 committee. 1785 4.The department fails to provide a written report within 1786 7 days after the case staffing committee meets, as required 1787 under s. 984.12(10) s. 984.12(8). 1788 (b)The parent, legal guardian, or legal custodian must 1789 give the department prior written notice of intent to file the 1790 petition. If, at the arraignment hearing, the court finds that 1791 such written notice of intent to file the petition was not 1792 provided to the department, the court shall dismiss the 1793 petition, postpone the hearing until such written notice is 1794 given, or, if the department agrees, proceed with the 1795 arraignment hearing. The petition must be served on the 1796 departments office of general counsel. 1797 (c)The petition must be in writing and must set forth 1798 specific facts alleging that the child is a child in need of 1799 services as defined in s. 984.03(9). The petition must also 1800 demonstrate that the parent, legal guardian, or legal custodian 1801 has in good faith, but unsuccessfully, participated in the 1802 services and processes described in ss. 984.11 and 984.12. 1803 (4)(d)The petition must be signed by the petitioner under 1804 oath. 1805 (5)(e)The court, on its own motion or the motion of any 1806 party or the department, shall determine the legal sufficiency 1807 of a petition filed under this subsection and may dismiss any 1808 petition that lacks sufficient grounds. In addition, the court 1809 shall verify that the child is not: 1810 (a)1.The subject of a pending investigation into an 1811 allegation or suspicion of abuse, neglect, or abandonment; 1812 (b)2.The subject of a pending petition referral alleging 1813 that the child is delinquent; or 1814 (c)3.Under the current supervision of the department or 1815 the Department of Children and Families for an adjudication or 1816 withholding of adjudication of delinquency or dependency. 1817 (6)(4)The form of the petition and any additional contents 1818 shall be determined by rules of procedure adopted by the Supreme 1819 Court. 1820 (7)(5)The petitioner department or the parent, guardian, 1821 or legal custodian may withdraw a petition at any time before 1822 prior to the child is being adjudicated a child in need of 1823 services. 1824 Section 18.Section 984.151, Florida Statutes, is amended 1825 to read: 1826 984.151Early truancy intervention; truancy petition; 1827 judgment prosecution; disposition. 1828 (1)If the school determines that a student subject to 1829 compulsory school attendance has had at least five unexcused 1830 absences, or absences for which the reasons are unknown, within 1831 a calendar month or 10 unexcused absences, or absences for which 1832 the reasons are unknown, within a 90-calendar-day period 1833 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused 1834 absences in a 90-calendar-day period, the superintendent of 1835 schools or his or her designee may file a truancy petition 1836 seeking early truancy intervention. 1837 (2)The petition shall be filed in the circuit in which the 1838 student is enrolled in school. 1839 (3)Original jurisdiction to hear a truancy petition shall 1840 be in the circuit court; however, the circuit court may use a 1841 general or special magistrate master pursuant to Supreme Court 1842 rules. Upon the filing of the petition, the clerk shall issue a 1843 summons to the parent, legal guardian, or legal custodian of the 1844 student, directing that person and the student to appear for a 1845 hearing at a time and place specified. 1846 (4)The petition must contain the following: the name, age, 1847 and address of the student; the name and address of the 1848 students parent or guardian; the school where the student is 1849 enrolled; the efforts the school has made to get the student to 1850 attend school in compliance with s. 1003.26; the number of out 1851 of-school contacts between the school system and students 1852 parent or guardian; and the number of days and dates of days the 1853 student has missed school. The petition shall be sworn to by the 1854 superintendent or his or her designee. 1855 (5)Once the petition is filed, the court shall hear the 1856 petition within 30 days. 1857 (6)The student and the students parent or guardian shall 1858 attend the hearing. 1859 (7)If the court determines that the student did miss any 1860 of the alleged days, the court shall enter an order finding the 1861 child to be a truant status offender and the court shall order 1862 the student to attend school and order the parent, legal 1863 guardian, or custodian to ensure that the student attends 1864 school. The courts power under this subsection is limited to 1865 entering orders to require the student to attend school and 1866 require the student and family to participate in services to 1867 encourage regular school attendance. The court, and may order 1868 any of the following services: 1869 (a)The student to participate in alternative sanctions to 1870 include mandatory attendance at alternative classes; to be 1871 followed by mandatory community services hours for a period up 1872 to 6 months; the student and 1873 (b)The students parent, legal or guardian, or custodian 1874 to participate in parenting classes homemaker or parent aide 1875 services; 1876 (c)The student or the students parent, legal or guardian 1877 or custodian to participate in individual, group, or family 1878 intensive crisis counseling; 1879 (d)The student or the students parent, legal or guardian 1880 or custodian to participate in community mental health services 1881 or substance abuse treatment services if available and 1882 applicable; 1883 (e)The student and the students parent, legal or 1884 guardian, or custodian to participate in services service 1885 provided by state or community voluntary or community agencies, 1886 if appropriate as available, including services for families in 1887 need of services as provided in s. 984.11; 1888 (f)The student and the students parent, legal guardian, 1889 or custodian to attend meetings with school officials to address 1890 the childs educational needs, classroom assignment, class 1891 schedule, and other barriers to school attendance identified by 1892 the childs school, the child or his or her family; 1893 (g)The student and the students parent, legal guardian, 1894 or custodian to engage in learning activities provided by the 1895 school board as to why education is important and the potential 1896 impact on the childs future employment and education options if 1897 the attendance problem persists; or 1898 (h)and The student or the students parent, legal or 1899 guardian, or custodian to participate in vocational or, job 1900 training, or employment services. 1901 (8)If the student does not substantially comply with 1902 compulsory school attendance and court-ordered services required 1903 under successfully complete the sanctions ordered in subsection 1904 (7), and the child meets the definition of a child in need of 1905 services, the case shall be referred by the court to the 1906 departments authorized agent for review by the case staffing 1907 committee under s. 984.12 with a recommendation to file a 1908 petition for child in need of services child-in-need-of-services 1909 petition under s. 984.15. The court shall review the case not 1910 less than every 45 days to determine whether the child is in 1911 substantial compliance with compulsory education or if the case 1912 should be referred to the case staffing committee in accord with 1913 this subsection. 1914 (9)If the student substantially complies with compulsory 1915 school attendance the court shall close the truancy case. 1916 (10)If the child is adjudicated a child in need of 1917 services pursuant to s. 984.21, the truancy case shall be closed 1918 and jurisdiction relinquished in accordance with s. 984.04. 1919 (11)The court may retain jurisdiction of any case in which 1920 the child is noncompliant with compulsory education and the 1921 child does not meet the definition of a child in need of 1922 services under this chapter until jurisdiction lapses pursuant 1923 to s. 984.04. 1924 (12)The court may not order a child placed in shelter 1925 pursuant to this section unless the court has found the child to 1926 be in contempt for violation of a court order under s. 984.09. 1927 (13)(9)The parent, legal guardian, or legal custodian and 1928 the student shall participate, as required by court order, in 1929 any sanctions or services required by the court under this 1930 section, and the court shall enforce such participation through 1931 its contempt power. 1932 (14)Any truant student that meets the definition of a 1933 child in need of services and who has been found in contempt for 1934 violation of a court order under s. 984.09 two or more times 1935 shall be referred to the case staffing committee under s. 984.12 1936 with a recommendation to file a petition for a child in need of 1937 services. 1938 (15)The clerk of court must serve any court order 1939 referring the case to voluntary family services or the case 1940 staffing committee to the departments office of general counsel 1941 and to the departments authorized agent. 1942 Section 19.Subsections (3) and (5) of section 984.16, 1943 Florida Statutes, are amended, and subsection (11) is added to 1944 that section, to read: 1945 984.16Process and service for child in need of services 1946 petitions. 1947 (3)The summons shall require the person on whom it is 1948 served to appear for a hearing at a time, and place, and manner 1949 specified. Except in cases of medical emergency, the time shall 1950 not be less than 24 hours after service of the summons. The 1951 summons must may require the custodian to bring the child to 1952 court if the court determines that the childs presence is 1953 necessary. A copy of the petition shall be attached to the 1954 summons. 1955 (5)The jurisdiction of the court shall attach to the child 1956 and the parent, legal guardian, or custodian, or legal guardian 1957 of the child and the case when the summons is served upon the 1958 child or a parent, or legal guardian, or actual custodian of the 1959 child; or when the child is taken into custody with or without 1960 service of summons and after filing of a petition for a child in 1961 need of services; or when a party personally appears before the 1962 court whichever occurs first, and thereafter the court may 1963 control the child and case in accordance with this chapter. 1964 (11)If a court takes action that directly involves a 1965 students school, including, but not limited to, an order that a 1966 student attend school, attend school with his or her parent, 1967 requiring the parent to participate in meetings, including 1968 parent-teacher conferences, Section 504 plan meetings or 1969 individualized education plan meetings to address the students 1970 disability, the office of the clerk of the court shall provide 1971 notice to the school of the courts order. 1972 Section 20.Section 984.17, Florida Statutes, is amended to 1973 read: 1974 984.17Response to petition and representation of parties. 1975 (1)At the time a child in need of services petition is 1976 filed, the court may appoint a guardian ad litem for the child. 1977 (2)No answer to the petition or any other pleading need be 1978 filed by any child, parent, or legal guardian, or custodian, but 1979 any matters which might be set forth in an answer or other 1980 pleading may be pleaded orally before the court or filed in 1981 writing as any such person may choose. Notwithstanding the 1982 filing of an answer or any pleading, the child and or parent, 1983 legal guardian, or custodian shall, before prior to an 1984 adjudicatory hearing, be advised by the court of the right to 1985 counsel. 1986 (3)When a petition for a child in need of services has 1987 been filed and the parents, legal guardian, or legal custodian 1988 of the child and the child have advised the department that the 1989 truth of the allegations is acknowledged and that no contest is 1990 to be made of the adjudication, the attorney representing the 1991 department may set the case before the court for a disposition 1992 hearing. If there is a change in the plea at this hearing, the 1993 court shall continue the hearing to permit the attorney 1994 representing the department to prepare and present the case. 1995 (4)An attorney representing the department shall represent 1996 the state in any proceeding in which the petition alleges that a 1997 child is a child in need of services and in which a party denies 1998 the allegations of the petition and contests the adjudication. 1999 Section 21.Section 984.18, Florida Statutes, is repealed. 2000 Section 22.Section 984.19, Florida Statutes, is amended to 2001 read: 2002 984.19Medical screening and treatment of child; 2003 examination of parent, legal guardian, or person requesting 2004 custody. 2005 (1)When any child is to be placed in shelter care, the 2006 department or its authorized agent may is authorized to have a 2007 medical screening provided for performed on the child without 2008 authorization from the court and without consent from a parent, 2009 legal or guardian, or custodian. Such medical screening shall be 2010 provided performed by a licensed health care professional and 2011 shall be to screen examine the child for injury, illness, and 2012 communicable diseases. In no case does this subsection authorize 2013 the department to consent to medical treatment for such 2014 children. 2015 (2)When the department has performed the medical screening 2016 authorized by subsection (1) or when it is otherwise determined 2017 by a licensed health care professional that a child is in need 2018 of medical treatment, consent for medical treatment shall be 2019 obtained in the following manner: 2020 (a)1.Consent to medical treatment shall be obtained from a 2021 parent, legal or guardian, or custodian of the child; or 2022 2.A court order for such treatment shall be obtained. 2023 (b)If a parent, legal or guardian, or custodian of the 2024 child is unavailable and his or her whereabouts cannot be 2025 reasonably ascertained, and it is after normal working hours so 2026 that a court order cannot reasonably be obtained, an authorized 2027 agent of the department or its provider has the authority to 2028 consent to necessary medical treatment for the child. The 2029 authority of the department to consent to medical treatment in 2030 this circumstance is limited to the time reasonably necessary to 2031 obtain court authorization. 2032 (c)If a parent, legal or guardian, or custodian of the 2033 child is available but refuses to consent to the necessary 2034 treatment, a court order is required, unless the situation meets 2035 the definition of an emergency in s. 743.064 or the treatment 2036 needed is related to suspected abuse or neglect of the child by 2037 the parent or guardian. In such case, the departments 2038 authorized agent may department has the authority to consent to 2039 necessary medical treatment. This authority is limited to the 2040 time reasonably necessary to obtain court authorization. 2041 2042 In no case may the department consent to sterilization, 2043 abortion, or termination of life support. 2044 (3)A judge may order that a child alleged to be or 2045 adjudicated a child in need of services be examined by a 2046 licensed health care professional. The judge may also order such 2047 child to be evaluated by a psychiatrist or a psychologist, by a 2048 district school board educational needs assessment team, or, if 2049 a developmental disability is suspected or alleged, by the 2050 developmental disability diagnostic and evaluation team of the 2051 Department of Children and Families or Agency for Persons with 2052 Disabilities. The judge may order a family assessment if that 2053 assessment was not completed at an earlier time. If it is 2054 necessary to place a child in a residential facility for such 2055 evaluation, then the criteria and procedure established in s. 2056 394.463(2) or chapter 393 shall be used, whichever is 2057 applicable. The educational needs assessment provided by the 2058 district school board educational needs assessment team shall 2059 include, but not be limited to, reports of intelligence and 2060 achievement tests, screening for learning disabilities and other 2061 handicaps, and screening for the need for alternative education 2062 pursuant to s. 1003.53. 2063 (4)A judge may order that a child alleged to be or 2064 adjudicated a child in need of services be treated by a licensed 2065 health care professional. The judge may also order such child to 2066 receive mental health or intellectual disability services from a 2067 psychiatrist, psychologist, or other appropriate service 2068 provider. If it is necessary to place the child in a residential 2069 facility for such services, the procedures and criteria 2070 established in s. 394.467 or chapter 393 shall be used, as 2071 applicable. A child may be provided services in emergency 2072 situations pursuant to the procedures and criteria contained in 2073 s. 394.463(1) or chapter 393, as applicable. 2074 (5)When there are indications of physical injury or 2075 illness, a licensed health care professional shall be 2076 immediately contacted called or the child shall be taken to the 2077 nearest available hospital for emergency care. 2078 (6)Except as otherwise provided herein, nothing in this 2079 section does not shall be deemed to eliminate the right of a 2080 parent, legal a guardian, or custodian, or the child to consent 2081 to examination or treatment for the child. 2082 (7)Except as otherwise provided herein, nothing in this 2083 section does not shall be deemed to alter the provisions of s. 2084 743.064. 2085 (8)A court may order shall not be precluded from ordering 2086 services or treatment to be provided to the child by a duly 2087 accredited practitioner who relies solely on spiritual means for 2088 healing in accordance with the tenets and practices of a church 2089 or religious organization, when required by the childs health 2090 and when requested by the child. 2091 (9)Nothing in This section does not shall be construed to 2092 authorize the permanent sterilization of the child, unless such 2093 sterilization is the result of or incidental to medically 2094 necessary treatment to protect or preserve the life of the 2095 child. 2096 (10)For the purpose of obtaining an evaluation or 2097 examination or receiving treatment as authorized pursuant to 2098 this section, no child alleged to be or found to be a child from 2099 a family in need of services or a child in need of services 2100 shall be placed in a detention facility or other program used 2101 primarily for the care and custody of children alleged or found 2102 to have committed delinquent acts. 2103 (11)The parents, legal guardian, or custodian guardian of 2104 a child alleged to be or adjudicated a child in need of services 2105 remain financially responsible for the cost of medical treatment 2106 provided to the child even if one or both of the parents or if 2107 the legal guardian, or custodian did not consent to the medical 2108 treatment. After a hearing, the court may order the parents, 2109 legal or guardian, or custodian, if found able to do so, to 2110 reimburse the department or other provider of medical services 2111 for treatment provided. 2112 (12)A judge may order a child under its jurisdiction to 2113 submit to substance abuse evaluation, testing, and treatment in 2114 accordance with s. 397.706 Nothing in this section alters the 2115 authority of the department to consent to medical treatment for 2116 a child who has been committed to the department pursuant to s. 2117 984.22(3) and of whom the department has become the legal 2118 custodian. 2119 (13)At any time after the filing of a petition for a child 2120 in need of services, when the mental or physical condition, 2121 including the blood group, of a parent, guardian, or other 2122 person requesting custody of a child is in controversy, the 2123 court may order the person to submit to a physical or mental 2124 examination by a qualified professional. The order may be made 2125 only upon good cause shown and pursuant to notice and procedures 2126 as set forth by the Florida Rules of Juvenile Procedure. 2127 Section 23.Section 984.20, Florida Statutes, is amended to 2128 read: 2129 984.20Hearings for child in need of services child-in 2130 need-of-services cases. 2131 (1)ARRAIGNMENT HEARING. 2132 (a)The clerk shall set a date for an arraignment hearing 2133 within a reasonable time after the date of the filing of the 2134 child in need of services petition. The court shall advise the 2135 child and the parent, legal guardian, or custodian of the right 2136 to counsel as provided in s. 984.07. When a child has been taken 2137 into custody by order of the court, an arraignment hearing shall 2138 be held within 7 days after the date the child is taken into 2139 custody. The hearing shall be held for the child and the parent, 2140 legal guardian, or custodian to admit, deny, or consent to 2141 findings that a child is in need of services as alleged in the 2142 petition. If the child and the parent, legal guardian, or 2143 custodian admit or consent to the findings in the petition, the 2144 court shall adjudicate the child a child in need of services and 2145 proceed as set forth in the Florida Rules of Juvenile Procedure. 2146 However, if either the child or the parent, legal guardian, or 2147 custodian denies any of the allegations of the petition, the 2148 court shall hold an adjudicatory hearing within a reasonable 2149 time after the date of the arraignment hearing 7 days after the 2150 date of the arraignment hearing. 2151 (b)The court may grant a continuance of the arraignment 2152 hearing When a child is in the custody of the parent, guardian, 2153 or custodian, upon the filing of a petition, the clerk shall set 2154 a date for an arraignment hearing within a reasonable time from 2155 the date of the filing of the petition. if the child or and the 2156 parent, legal guardian, or custodian request a continuance to 2157 obtain an attorney. The case shall be rescheduled for an 2158 arraignment hearing within a reasonable period of time to allow 2159 for consultation admit or consent to an adjudication, the court 2160 shall proceed as set forth in the Florida Rules of Juvenile 2161 Procedure. However, if either the child or the parent, guardian, 2162 or custodian denies any of the allegations of child in need of 2163 services, the court shall hold an adjudicatory hearing within a 2164 reasonable time from the date of the arraignment hearing. 2165 (c)If at the arraignment hearing the child and the parent, 2166 legal guardian, or custodian consents or admits to the 2167 allegations in the petition and the court determines that the 2168 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e), 2169 the court shall proceed to hold a disposition hearing at the 2170 earliest practicable time that will allow for the completion of 2171 a predisposition study. 2172 (d)Failure of a person served with notice to appear at the 2173 arraignment hearing constitutes the persons consent to the 2174 adjudication of the child as a child in need of services. The 2175 document containing the notice to respond or appear must 2176 contain, in type as large as the balance of the document, the 2177 following or substantially similar language: 2178 2179 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING 2180 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD 2181 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE 2182 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE 2183 CHILD INTO SHELTER. 2184 2185 If a person appears for the arraignment hearing and the court 2186 orders that person to appear, either physically or through 2187 audio-video communication technology, at the adjudicatory 2188 hearing for the child in need of services case, stating the 2189 date, time, place, and, if applicable, the instructions for 2190 appearance through audio-video communication technology, of the 2191 adjudicatory hearing, that persons failure to appear for the 2192 scheduled adjudicatory hearing constitutes consent to 2193 adjudication of the child as a child in need of services. 2194 (2)ADJUDICATORY HEARING. 2195 (a)The adjudicatory hearing shall be held as soon as 2196 practicable after the petition for a child in need of services 2197 is filed and in accordance with the Florida Rules of Juvenile 2198 Procedure, but reasonable delay for the purpose of 2199 investigation, discovery, or procuring counsel or witnesses 2200 shall, whenever practicable, be granted. If the child is in 2201 custody, the adjudicatory hearing shall be held within 14 days 2202 after the date the child was taken into custody. 2203 (b)Adjudicatory hearings shall be conducted by the judge 2204 without a jury, applying the rules of evidence in use in civil 2205 cases and adjourning the hearings from time to time as 2206 necessary. In an adjudicatory a hearing on a petition in which 2207 it is alleged that the child is a child in need of services, a 2208 preponderance of evidence shall be required to establish that 2209 the child is in need of services. If the court finds the 2210 allegations are proven by a preponderance of evidence and the 2211 child is a child in need of services, the court shall enter an 2212 order of adjudication. 2213 (c)All hearings, except as hereinafter provided, shall be 2214 open to the public, and no person shall be excluded therefrom 2215 except on special order of the judge who, in his or her 2216 discretion, may close any hearing to the public when the public 2217 interest or the welfare of the child, in his or her opinion, is 2218 best served by so doing. Hearings involving more than one child 2219 may be held simultaneously when the several children involved 2220 are related to each other or were involved in the same case. The 2221 child and the parent, legal guardian, or custodian of the child 2222 may be examined separately and apart from each other. 2223 (3)DISPOSITION HEARING. 2224 (a)At the disposition hearing, if the court finds that the 2225 facts alleged in the petition of a child in need of services 2226 were proven in the adjudicatory hearing, the court shall receive 2227 and consider a predisposition study, which shall be in writing 2228 and be presented by an authorized agent of the department or its 2229 provider. 2230 (a)The predisposition study shall cover: 2231 1.All treatment and services that the parent, legal 2232 guardian, or custodian and child received. 2233 2.The love, affection, and other emotional ties existing 2234 between the family parents and the child. 2235 3.The capacity and disposition of the parents, legal 2236 guardian, or custodian to provide the child with food, clothing, 2237 medical care or other remedial care recognized and permitted 2238 under the laws of this state in lieu of medical care, and other 2239 material needs. 2240 4.The length of time that the child has lived in a stable, 2241 satisfactory environment and the desirability of maintaining 2242 continuity. 2243 5.The permanence, as a family unit, of the existing or 2244 proposed custodial home. 2245 6.The moral fitness of the parents, legal guardian, or 2246 custodian. 2247 7.The mental and physical health of the family. 2248 8.The home, school, and community record of the child. 2249 9.The reasonable preference of the child, if the court 2250 deems the child to be of sufficient intelligence, understanding, 2251 and experience to express a preference. 2252 10.Any other factor considered by the court to be 2253 relevant. 2254 (b)The predisposition study also shall provide the court 2255 with documentation regarding: 2256 1.The availability of appropriate prevention, services, 2257 and treatment for the parent, legal guardian, custodian, and 2258 child to prevent the removal of the child from the home or to 2259 reunify the child with the parent, legal guardian, or custodian 2260 after removal or to reconcile the problems between the family 2261 parent, guardian, or custodian and the child.; 2262 2.The inappropriateness of other prevention, treatment, 2263 and services that were available.; 2264 3.The efforts by the department to prevent shelter out-of 2265 home placement of the child or, when applicable, to reunify the 2266 parent, legal guardian, or custodian if appropriate services 2267 were available.; 2268 4.Whether voluntary family the services were provided.; 2269 5.If the voluntary family services and treatment were 2270 provided, whether they were sufficient to meet the needs of the 2271 child and the family and to enable the child to remain at home 2272 or to be returned home.; 2273 6.If the voluntary family services and treatment were not 2274 provided, the reasons for such lack of provision.; and 2275 7.The need for, or appropriateness of, continuing such 2276 treatment and services if the child remains in the custody of 2277 the parent, legal guardian, or custodian or if the child is 2278 placed outside the home. 2279 (c)If placement of the child with anyone other than the 2280 childs parent, guardian, or custodian is being considered, the 2281 study shall include the designation of a specific length of time 2282 as to when custody by the parent, guardian, or custodian shall 2283 be reconsidered. 2284 (d)A copy of this predisposition study shall be furnished 2285 to the person having custody of the child at the time such 2286 person is notified of the disposition hearing. 2287 (e)After review of the predisposition study and other 2288 relevant materials, the court shall hear from the parties and 2289 consider all recommendations for court-ordered services, 2290 evaluations, treatment and required actions designed to remedy 2291 the childs truancy, ungovernable behavior, or running away. The 2292 court shall enter an order of disposition. 2293 2294 Any other relevant and material evidence, including other 2295 written or oral reports, may be received by the court in its 2296 effort to determine the action to be taken with regard to the 2297 child and may be relied upon to the extent of its probative 2298 value, even though not competent in an adjudicatory hearing. 2299 Except as provided in paragraph (2)(c), nothing in this section 2300 does not shall prohibit the publication of proceedings in a 2301 hearing. 2302 (4)REVIEW HEARINGS. 2303 (a)The court shall hold a review hearing within 45 days 2304 after the disposition hearing. Additional review hearings may be 2305 held as necessary, allowing sufficient time for the child and 2306 family to work toward compliance with the court orders and 2307 monitoring by the case manager. No longer than 90 days may 2308 elapse between judicial review hearings but no less than 45 days 2309 after the date of the last review hearing. 2310 (b)The parent, legal guardian, or custodian and the child 2311 shall be noticed to appear for the review hearing. The 2312 department must appear at the review hearing. If the parent, 2313 legal guardian, or custodian does not appear at a review 2314 hearing, or if the court finds good cause to waive the childs 2315 presence, the court may proceed with the hearing and enter 2316 orders that affect the child and family accordingly. 2317 (c)(b)At the review hearings, the court shall consider the 2318 departments judicial review summary. The court shall close the 2319 case if the child has substantially complied with the case plans 2320 and court orders and no longer requires continued court 2321 supervision, subject to the case being reopened. Upon request of 2322 the petitioner, the court may close the case and relinquish 2323 jurisdiction. If the child has significantly failed to comply 2324 with the case plan or court orders, the child shall continue to 2325 be a child in need of services and reviewed by the court as 2326 needed. At review hearings, the court may enter further orders 2327 to adjust the services case plan to address the family needs and 2328 compliance with court orders, including, but not limited to, 2329 ordering the child placed in shelter, but no less than 45 days 2330 after the date of the last review hearing. 2331 Section 24.Section 984.21, Florida Statutes, is amended to 2332 read: 2333 984.21Orders of adjudication. 2334 (2)(1)If the court finds that the child named in a 2335 petition is not a child in need of services, it shall enter an 2336 order so finding and dismiss dismissing the case. 2337 (2)If the court finds that the child named in the petition 2338 is a child in need of services, but finds that no action other 2339 than supervision in the home is required, it may enter an order 2340 briefly stating the facts upon which its finding is based, but 2341 withholding an order of adjudication and placing the child and 2342 family under the supervision of the department. If the court 2343 later finds that the parent, guardian, or custodian of the child 2344 have not complied with the conditions of supervision imposed, 2345 the court may, after a hearing to establish the noncompliance, 2346 but without further evidence of the state of the child in need 2347 of services, enter an order of adjudication and shall thereafter 2348 have full authority under this chapter to provide for the child 2349 as adjudicated. 2350 (3)If the court finds by a preponderance of evidence that 2351 the child named in a petition is a child in need of services, 2352 but elects not to proceed under subsection (2), it shall 2353 incorporate that finding in an order of adjudication entered in 2354 the case, briefly stating the facts upon which the finding is 2355 made, and the court shall thereafter have full authority under 2356 this chapter to provide for the child as adjudicated. 2357 (1)(4)An order of adjudication by a court that a child is 2358 a child in need of services is a civil adjudication, and is 2359 services shall not be deemed a conviction, nor shall the child 2360 be deemed to have been found guilty or to be a delinquent or 2361 criminal by reason of that adjudication, nor shall that 2362 adjudication operate to impose upon the child any of the civil 2363 disabilities ordinarily imposed by or resulting from conviction 2364 or disqualify or prejudice the child in any civil service 2365 application or appointment. 2366 Section 25.Section 984.22, Florida Statutes, is amended to 2367 read: 2368 984.22Powers of disposition. 2369 (1)If the court finds that services and treatment have not 2370 been provided or used utilized by a child or family, the court 2371 having jurisdiction of the child in need of services shall have 2372 the power to direct the least intrusive and least restrictive 2373 disposition, as follows: 2374 (a)Order the parent, legal guardian, or custodian and the 2375 child to participate in treatment, services, and any other 2376 alternative identified as necessary. 2377 (b)Order the parent, legal guardian, or custodian to pay a 2378 fine or fee based on the recommendations of the department. 2379 (2)When any child is adjudicated by the court to be a 2380 child in need of services, the court having jurisdiction of the 2381 child and parent, legal guardian, or custodian shall have the 2382 power, by order, to: 2383 (a)Place the child under the supervision of the 2384 departments authorized agent contracted provider of programs 2385 and services for children in need of services and families in 2386 need of services. The term the Department of 2403 Juvenile Justice, or the Department of Children and Families, 2404 the court shall order the natural or adoptive parents of such 2405 child, including the natural father of such child born out of 2406 wedlock who has acknowledged his paternity in writing before the 2407 court, or the guardian of such childs estate if possessed of 2408 assets which under law may be disbursed for the care, support, 2409 and maintenance of such child, to pay child support to the adult 2410 relative caring for the child, the licensed child-caring agency, 2411 the department of Juvenile Justice, or the Department of 2412 Children and Families. When such order affects the guardianship 2413 estate, a certified copy of such order shall be delivered to the 2414 judge having jurisdiction of such guardianship estate. If the 2415 court determines that the parent is unable to pay support, 2416 placement of the child shall not be contingent upon issuance of 2417 a support order. The department may employ a collection agency 2418 to receive, collect, and manage for the purpose of receiving, 2419 collecting, and managing the payment of unpaid and delinquent 2420 fees. The collection agency must be registered and in good 2421 standing under chapter 559. The department may pay to the 2422 collection agency a fee from the amount collected under the 2423 claim or may authorize the agency to deduct the fee from the 2424 amount collected. 2425 (4)All payments of fees made to the department under this 2426 chapter, or child support payments made to the department 2427 pursuant to subsection (3), shall be deposited in the General 2428 Revenue Fund. 2429 (4)(5)In carrying out the provisions of this chapter, the 2430 court shall order the child, family, parent, legal guardian, or 2431 custodian of a child who is found to be a child in need of 2432 services to participate in family counseling and other 2433 professional counseling activities or other alternatives deemed 2434 necessary to address the needs for the rehabilitation of the 2435 child and family. 2436 (5)(6)The participation and cooperation of the family, 2437 parent, legal guardian, or custodian, and the child with court 2438 ordered services, treatment, or community service are mandatory, 2439 not merely voluntary. The court may use its contempt powers to 2440 enforce its orders order. 2441 Section 26.Section 984.225, Florida Statutes, is amended 2442 to read: 2443 984.225Powers of disposition; placement in a staff-secure 2444 shelter. 2445 (1)Subject to specific legislative appropriation, The 2446 court may order that a child adjudicated as a child in need of 2447 services be placed in shelter to enforce the courts orders, to 2448 ensure the child attends school, to ensure the child receives 2449 needed counseling, and to ensure the child adheres to a service 2450 plan. While a child is in a shelter, the child shall receive 2451 education commensurate with his or her grade level and 2452 educational ability. The department, or the departments 2453 authorized agent, must verify to the court that a shelter bed is 2454 available for the child. If the department or the departments 2455 authorized agent verifies that a bed is not available, the 2456 department shall place the childs name on a waiting list. The 2457 child who has been on the waiting list the longest shall get the 2458 next available bed. for up to 90 days in a staff-secure shelter 2459 if: 2460 (2)The court shall order the parent, legal guardian, or 2461 custodian to cooperate with reunification efforts and 2462 participate in counseling. If a parent, legal guardian, or 2463 custodian prefers to arrange counseling or other services with a 2464 private provider in lieu of using services provided by the 2465 department, the family shall pay all costs associated with those 2466 services. 2467 (3)Placement of a child under this section is designed to 2468 provide residential care on a temporary basis. Such placement 2469 does not abrogate the legal responsibilities of the parent, 2470 legal guardian, or custodian with respect to the child, except 2471 to the extent that those responsibilities are temporarily 2472 altered by court order. 2473 (a)The court may order any child adjudicated a child in 2474 need of services to be placed in shelter for up to 35 days. 2475 (b)After other alternative, less restrictive, remedies 2476 have been exhausted, the child may be placed in shelter for up 2477 to 90 days if: 2478 1.(a)The childs parent, legal guardian, or legal 2479 custodian refuses to provide food, clothing, shelter, and 2480 necessary parental support for the child and the refusal is a 2481 direct result of an established pattern of significant 2482 disruptive behavior of the child in the home of the parent, 2483 legal guardian, or legal custodian; 2484 2.(b)The child refuses to remain under the reasonable care 2485 and custody of the his or her parent, legal guardian, or legal 2486 custodian, as evidenced by repeatedly running away and failing 2487 to comply with a court order; or 2488 3.(c)The child has failed to successfully complete an 2489 alternative treatment program or to comply with a court-ordered 2490 services sanction and the child has been placed in a shelter 2491 residential program on at least one prior occasion pursuant to a 2492 court order after the child has been adjudicated a child in need 2493 of services under this chapter. 2494 (4)The court shall review the childs 90-day shelter 2495 placement within 45 days after the childs placement and 2496 determine whether continued shelter is deemed necessary. The 2497 court shall also determine whether the parent, legal guardian, 2498 or custodian has reasonably participated in the childs 2499 counseling and treatment program, and is following the 2500 recommendations of the program to work toward reunification. The 2501 court shall also determine whether the departments 2502 reunification efforts have been reasonable. If the court finds 2503 an inadequate level of support or participation by the parent, 2504 legal guardian, or custodian before the end of the shelter 2505 commitment period, the court shall direct that the child be 2506 handled in every respect as a dependent child. Jurisdiction 2507 shall be transferred to the Department of Children and Families, 2508 and the childs care shall be governed under the relevant 2509 provisions of chapter 39. The department shall notify and 2510 coordinate with the Department of Children and Families for the 2511 transfer of jurisdiction. The clerk of court shall serve the 2512 Department of Children and Families with any court order of 2513 referral. 2514 (2)This section applies after other alternative, less 2515 restrictive remedies have been exhausted. The court may order 2516 that a child be placed in a staff-secure shelter. The 2517 department, or an authorized representative of the department, 2518 must verify to the court that a bed is available for the child. 2519 If the department or an authorized representative of the 2520 department verifies that a bed is not available, the department 2521 will place the childs name on a waiting list. The child who has 2522 been on the waiting list the longest will get the next available 2523 bed. 2524 (3)The court shall order the parent, guardian, or legal 2525 custodian to cooperate with efforts to reunite the child with 2526 the family, participate in counseling, and pay all costs 2527 associated with the care and counseling provided to the child 2528 and family, in accordance with the familys ability to pay as 2529 determined by the court. Commitment of a child under this 2530 section is designed to provide residential care on a temporary 2531 basis. Such commitment does not abrogate the legal 2532 responsibilities of the parent, guardian, or legal custodian 2533 with respect to the child, except to the extent that those 2534 responsibilities are temporarily altered by court order. 2535 (4)While a child is in a staff-secure shelter, the child 2536 shall receive education commensurate with his or her grade level 2537 and educational ability. 2538 (5)If a child has not been reunited with his or her 2539 parent, legal guardian, or legal custodian at the expiration of 2540 the 90-day commitment period, the court may order that the child 2541 remain in the staff-secure shelter for an additional 30 days if 2542 the court finds that reunification could be achieved within that 2543 period. 2544 (6)The department is deemed to have exhausted the 2545 reasonable remedies offered under this chapter if, at the end of 2546 the 90-day shelter commitment period, the parent, legal 2547 guardian, or legal custodian continues to refuse to allow the 2548 child to remain at home or creates unreasonable conditions for 2549 the childs return. If, at the end of the 90-day shelter 2550 commitment period, the child is not reunited with his or her 2551 parent, legal guardian, or custodian due solely to the continued 2552 refusal of the parent, legal guardian, or custodian to provide 2553 food, clothing, shelter, and parental support, the child is 2554 considered to be threatened with harm as a result of such acts 2555 or omissions, and the court shall direct that the child be 2556 handled in every respect as a dependent child. Jurisdiction 2557 shall be transferred to the custody of the Department of 2558 Children and Families, and the childs care shall be governed 2559 under the relevant provisions of chapter 39. The department 2560 shall coordinate with the Department of Children and Families as 2561 provided in s. 984.086. The clerk of court shall serve the 2562 Department of Children and Families with any court order of 2563 referral. 2564 (7)The court shall review the childs commitment once 2565 every 45 days as provided in s. 984.20. The court shall 2566 determine whether the parent, guardian, or custodian has 2567 reasonably participated in and financially contributed to the 2568 childs counseling and treatment program. The court shall also 2569 determine whether the departments efforts to reunite the family 2570 have been reasonable. If the court finds an inadequate level of 2571 support or participation by the parent, guardian, or custodian 2572 prior to the end of the commitment period, the court shall 2573 direct that the child be handled in every respect as a dependent 2574 child. Jurisdiction shall be transferred to the Department of 2575 Children and Families, and the childs care shall be governed 2576 under the relevant provisions of chapter 39. 2577 (6)(8)If the child requires residential mental health 2578 treatment or residential care for a developmental disability, 2579 the court shall order refer the child transferred to the custody 2580 of the Agency for Persons with Disabilities or to the Department 2581 of Children and Families for the provision of necessary 2582 services. The clerk of court shall serve the Agency for Persons 2583 with Disabilities or the Department of Children and Families 2584 with any court order of referral. 2585 Section 27.Section 984.226, Florida Statutes, is amended 2586 to read: 2587 984.226Physically secure shelter setting. 2588 (1)Subject to specific legislative appropriation, the 2589 department of Juvenile Justice shall establish or contract for 2590 physically secure shelters settings designated exclusively for 2591 the placement of children in need of services who meet the 2592 criteria provided in this section. 2593 (2)When a petition is filed alleging that a child is a 2594 child in need of services, the child must be represented by 2595 counsel at each court appearance unless the record in that 2596 proceeding affirmatively demonstrates by clear and convincing 2597 evidence that the child knowingly and intelligently waived the 2598 right to counsel after being fully advised by the court of the 2599 nature of the proceedings and the dispositional alternatives 2600 available to the court under this section. If the court decides 2601 to appoint counsel for the child and if the child is indigent, 2602 the court shall appoint an attorney to represent the child as 2603 provided under s. 985.033. Nothing precludes the court from 2604 requesting reimbursement of attorneys fees and costs from the 2605 nonindigent parent or legal guardian. 2606 (2)(3)When a child is adjudicated as a child in need of 2607 services by a court and all other less restrictive placements 2608 have been exhausted, the court may order the child to be placed 2609 in a physically secure shelter setting authorized in this 2610 section if the child has: 2611 (a)Failed to appear for placement in a staff-secure 2612 shelter for up to 90 days as ordered under s. 984.225, or failed 2613 to comply with any other provision of a valid court order 2614 relating to such placement and, as a result of such failure, has 2615 been found to be in direct or indirect contempt of court; or 2616 (b)Run away from a 90-day staff-secure shelter following 2617 placement under s. 984.225 or s. 984.09. 2618 2619 The department or an authorized agent representative of the 2620 department must verify to the court that a bed is available for 2621 the child in a physically secure shelter. If a bed is not 2622 available in a physically secure shelter, the court must stay 2623 the placement until such a bed is available, and the department 2624 must place the childs name on a waiting list. The child who has 2625 been on the waiting list the longest has first priority for 2626 placement in the physically secure shelter. Physically secure 2627 shelter placement may only be used when the child cannot receive 2628 appropriate and available services due to the child running away 2629 or refusing to cooperate with attempts to provide services in 2630 other less restrictive placements setting. 2631 (3)(4)A child may be placed in a physically secure shelter 2632 setting for up to 90 days by order of the court. If a child has 2633 not been reunited with his or her parent, guardian, or legal 2634 custodian at the expiration of the placement in a physically 2635 secure shelter setting, the court may order that the child 2636 remain in the physically secure shelter setting for an 2637 additional 30 days if the court finds that reunification could 2638 be achieved within that period. 2639 (4)(5)(a)The court shall review the childs placement once 2640 within every 45 days to determine whether the child can be 2641 returned home with the provision of ongoing services as provided 2642 in s. 984.20. 2643 (b)At any time during the placement of a child in need of 2644 services in a physically secure shelter setting, the department 2645 or an authorized agent representative of the department may 2646 submit to the court a report that recommends: 2647 1.That the child has received all of the services 2648 available from the physically secure shelter setting and is 2649 ready for reunification with a parent or guardian; or 2650 2.That the child is unlikely to benefit from continued 2651 placement in the physically secure shelter setting and is more 2652 likely to have his or her needs met in a different type of 2653 placement. The court may order that the child be transitioned 2654 from a physically secure shelter to a shelter placement as 2655 provided in s. 984.225 upon a finding that the physically secure 2656 shelter is no longer necessary for the childs safety and to 2657 provide needed services. 2658 (c)The court shall determine if the parent, legal 2659 guardian, or custodian has reasonably participated in and has 2660 financially contributed to or participated in the childs 2661 counseling and treatment program. 2662 (d)If the court finds an inadequate level of support or 2663 participation by the parent, legal guardian, or custodian before 2664 the end of the placement, the court shall direct that the child 2665 be handled as a dependent child, jurisdiction shall be 2666 transferred to the Department of Children and Families, and the 2667 childs care shall be governed by chapter 39. The department 2668 shall notify and coordinate with the Department of Children and 2669 Families for provision of services to the child. The clerk of 2670 court shall serve the Department of Children and Families with 2671 any court order of referral. 2672 (e)If the child requires long-term residential mental 2673 health treatment or residential care for a developmental 2674 disability, the court shall transfer custody of refer the child 2675 to the Department of Children and Families or the Agency for 2676 Persons with Disabilities for the provision of necessary 2677 services. The clerk of court shall serve the Agency for Persons 2678 with Disabilities or the Department of Children and Families 2679 with any court order of referral. 2680 (5)(6)Prior to being ordered to a physically secure 2681 shelter setting, the child must be afforded all rights of due 2682 process required under s. 984.07 985.037. 2683 (6)While in the physically secure shelter setting, the 2684 child shall receive appropriate assessment, intervention, 2685 treatment, and educational services that are designed to 2686 eliminate or reduce the childs truant, ungovernable, or runaway 2687 behavior. The child and family shall be provided with individual 2688 and family counseling and other support services necessary for 2689 reunification. 2690 (7)The court shall order the parent, legal guardian, or 2691 legal custodian to cooperate with efforts to reunite the child 2692 with the family, participate in counseling, and pay all costs 2693 associated with the care and counseling provided to the child 2694 and family, in accordance with the childs insurance and the 2695 familys ability to pay as determined by the court. Placement of 2696 a child under this section is designed to provide residential 2697 care on a temporary basis. Such placement does not abrogate the 2698 legal responsibilities of the parent, legal guardian, or legal 2699 custodian with respect to the child, except to the extent that 2700 those responsibilities are temporarily altered by court order. 2701 Section 28.Section 985.731, Florida Statutes, is 2702 transferred and renumbered as section 787.035, Florida Statutes. 2703 Section 29.Subsection (9) of section 985.03, Florida 2704 Statutes, is amended to read: 2705 985.03Definitions.As used in this chapter, the term: 2706 (9)Child who has been found to have committed a 2707 delinquent act means a child who, under this chapter, is found 2708 by a court to have committed a violation of law or to be in 2709 direct or indirect contempt of court, except that this 2710 definition does not include an act constituting contempt of 2711 court arising out of a dependency proceeding under chapter 39 or 2712 chapter 984 or a proceeding concerning a child or family in need 2713 of services. 2714 Section 30.Subsection (4) of section 985.24, Florida 2715 Statutes, is amended to read: 2716 985.24Use of detention; prohibitions. 2717 (4)A child who is alleged to be dependent under chapter 2718 39, or any child subject to proceedings under chapter 984, but 2719 who is not alleged to have committed a delinquent act or 2720 violation of law, may not, under any circumstances, be placed 2721 into secure detention care. 2722 Section 31.Section 1003.26, Florida Statutes, is amended 2723 to read: 2724 1003.26Enforcement of school attendance.The Legislature 2725 finds that poor academic performance is associated with 2726 nonattendance and that school districts must take an active role 2727 in promoting and enforcing attendance as a means of improving 2728 student performance. It is the policy of the state that each 2729 district school superintendent be responsible for enforcing 2730 school attendance of all students subject to the compulsory 2731 school age in the school district and supporting enforcement of 2732 school attendance by local law enforcement agencies. The 2733 responsibility includes recommending policies and procedures to 2734 the district school board that require public schools to respond 2735 in a timely manner to every unexcused absence, and every absence 2736 for which the reason is unknown, of students enrolled in the 2737 schools. District school board policies shall require the parent 2738 of a student to justify each absence of the student, and that 2739 justification will be evaluated based on adopted district school 2740 board policies that define excused and unexcused absences. The 2741 policies must provide that public schools track excused and 2742 unexcused absences and contact the home in the case of an 2743 unexcused absence from school, or an absence from school for 2744 which the reason is unknown, to prevent the development of 2745 patterns of nonattendance. The Legislature finds that early 2746 intervention in school attendance is the most effective way of 2747 producing good attendance habits that will lead to improved 2748 student learning and achievement. Each public school is required 2749 to shall implement the following steps to promote and enforce 2750 regular school attendance: 2751 (1)CONTACT, REFER, AND ENFORCE. 2752 (a)Upon each unexcused absence, or absence for which the 2753 reason is unknown, the school principal or his or her designee 2754 must shall contact the students parent to determine the reason 2755 for the absence. If the absence is an excused absence, as 2756 defined by district school board policy, the school shall 2757 provide opportunities for the student to make up assigned work 2758 and not receive an academic penalty unless the work is not made 2759 up within a reasonable time. 2760 (b)If a student has had at least five unexcused absences, 2761 or absences for which the reasons are unknown, within a calendar 2762 month or 10 unexcused absences, or absences for which the 2763 reasons are unknown, within a 90-calendar-day period, the 2764 students primary teacher must shall report to the school 2765 principal or his or her designee that the student may be 2766 exhibiting a pattern of nonattendance. The principal shall, 2767 Unless there is clear evidence that the absences are not a 2768 pattern of nonattendance, the principal must refer the case to 2769 the schools child study team to determine if early patterns of 2770 truancy are developing. If the child study team finds that a 2771 pattern of nonattendance is developing, whether the absences are 2772 excused or not, a meeting with the parent must be scheduled to 2773 identify potential remedies, and the principal must shall notify 2774 the district school superintendent and the school district 2775 contact for home education programs that the referred student is 2776 exhibiting a pattern of nonattendance. The child study team may 2777 allow the parent to attend the meeting virtually or by telephone 2778 if the parent is unable to attend the meeting in person. 2779 (c)If the parent or child fails to attend the child study 2780 team meeting, the meeting shall be held in his or her absence, 2781 and the child study team shall make written recommendations to 2782 remediate the truancy based upon the information available to 2783 the school. The recommendations shall be provided to the parent 2784 within 7 days after the child study team meeting. If the an 2785 initial meeting does not resolve the problem, the child study 2786 team shall implement the following: 2787 1.Frequent attempts at communication between the teacher 2788 and the family. 2789 2.Attempt to determine the reasons the child is truant 2790 from school and provide remedies if available or refer the 2791 family to services, including referring the family for available 2792 scholarship options if the learning environment is an issue of 2793 concern. 2794 3.2.Evaluation for alternative education programs. 2795 4.3.Attendance contracts. 2796 2797 The child study team may, but is not required to, implement 2798 other interventions, including referral to the Department of 2799 Juvenile Justices designated provider for voluntary family 2800 services, or to other agencies for family services or recommend 2801 recommendation for filing a truancy petition pursuant to s. 2802 984.151. 2803 (d)The child study team must shall be diligent in 2804 facilitating intervention services and shall report the case to 2805 the district school superintendent only when all reasonable 2806 efforts to resolve the nonattendance behavior are exhausted. 2807 (e)If the parent refuses to participate in the remedial 2808 strategies because he or she believes that those strategies are 2809 unnecessary or inappropriate, the parent may appeal to the 2810 district school board. The district school board may provide a 2811 hearing officer, and the hearing officer shall make a 2812 recommendation for final action to the district school board. If 2813 the district school boards final determination is that the 2814 strategies of the child study team are appropriate, and the 2815 parent still refuses to participate or cooperate, the district 2816 school superintendent may seek criminal prosecution for 2817 noncompliance with compulsory school attendance. 2818 (f)1.If the parent of a child who has been identified as 2819 exhibiting a pattern of nonattendance enrolls the child in a 2820 home education program pursuant to chapter 1002, the district 2821 school superintendent shall provide the parent a copy of s. 2822 1002.41 and the accountability requirements of this paragraph. 2823 The district school superintendent shall also refer the parent 2824 to a home education review committee composed of the district 2825 contact for home education programs and at least two home 2826 educators selected by the parent from a district list of all 2827 home educators who have conducted a home education program for 2828 at least 3 years and who have indicated a willingness to serve 2829 on the committee. The home education review committee shall 2830 review the portfolio of the student, as defined by s. 1002.41, 2831 every 30 days during the districts regular school terms until 2832 the committee is satisfied that the home education program is in 2833 compliance with s. 1002.41(1)(d). The first portfolio review 2834 must occur within the first 30 calendar days after of the 2835 establishment of the program. The provisions of subparagraph 2. 2836 do not apply once the committee determines the home education 2837 program is in compliance with s. 1002.41(1)(d). 2838 2.If the parent fails to provide a portfolio to the 2839 committee, the committee shall notify the district school 2840 superintendent. The district school superintendent shall then 2841 terminate the home education program and require the parent to 2842 enroll the child in an attendance option that meets the 2843 definition of the term regular school attendance under s. 2844 1003.01(16)(a), (b), (c), or (e), within 3 days. Upon 2845 termination of a home education program pursuant to this 2846 subparagraph, the parent shall not be eligible to reenroll the 2847 child in a home education program for 180 calendar days. Failure 2848 of a parent to enroll the child in an attendance option as 2849 required by this subparagraph after termination of the home 2850 education program pursuant to this subparagraph shall constitute 2851 noncompliance with the compulsory attendance requirements of s. 2852 1003.21 and may result in criminal prosecution under s. 2853 1003.27(2). Nothing contained herein shall restrict the ability 2854 of the district school superintendent, or the ability of his or 2855 her designee, to review the portfolio pursuant to s. 2856 1002.41(1)(e). 2857 (g)If a student subject to compulsory school attendance 2858 will not comply with attempts to enforce school attendance, the 2859 parent or the district school superintendent or his or her 2860 designee must shall refer the case to the Department of Juvenile 2861 Justices authorized agent, which shall then offer voluntary 2862 family services, and schedule a meeting of the case staffing 2863 committee pursuant to s. 984.12 if the services do not remediate 2864 the childs truancy, and the district school superintendent or 2865 his or her designee may file a truancy petition pursuant to the 2866 procedures in s. 984.151. 2867 (h)If a student subject to compulsory school attendance is 2868 responsive to the interventions described in this section and 2869 has completed the necessary requirements to pass the current 2870 grade as indicated in the district pupil progression plan, the 2871 student may not be determined to be a habitual truant and shall 2872 be promoted. 2873 (2)GIVE WRITTEN NOTICE. 2874 (a)Under the direction of the district school 2875 superintendent, a designated school representative must provide 2876 shall give written notice in person or by return-receipt mail to 2877 the parent, requiring the childs that requires enrollment or 2878 attendance within 3 days after the date of notice, in person or 2879 by return-receipt mail, to the parent when no valid reason is 2880 found for a students nonenrollment in school if the child is 2881 under compulsory education requirements, and is not exempt. If 2882 the child is not enrolled or in attendance in school within 3 2883 days after the notice being provided and requirement are 2884 ignored, the designated school representative must shall report 2885 the case to the district school superintendent, who must may 2886 refer the case to the child study team in paragraph (1)(b) at 2887 the school the student would be assigned according to district 2888 school board attendance area policies. In addition, the 2889 designated school representative may refer the case to the 2890 Department of Juvenile Justices authorized agent for families 2891 in need of services or to the case staffing committee, 2892 established pursuant to s. 984.12. The child study team must 2893 shall diligently facilitate intervention services and shall 2894 report the case back to the district school superintendent 2895 within 15 days after referral of the case if only when all 2896 reasonable efforts to resolve the nonenrollment behavior have 2897 been made and the child is still not attending school are 2898 exhausted. If the parent still refuses to cooperate or enroll 2899 the child in school within 15 days after referral of the case to 2900 the child study team, the district school superintendent must 2901 make a report to law enforcement and refer the case to the 2902 Office of the State Attorney shall take such steps as are 2903 necessary to bring criminal prosecution against the parent. 2904 (b)Subsequent to referring the case to the Office of the 2905 State Attorney the activities required under subsection (1), the 2906 district school superintendent or his or her designee must shall 2907 give written notice in person or by return-receipt mail to the 2908 parent that criminal prosecution is being sought for 2909 nonattendance. The district school superintendent may file a 2910 truancy petition, as defined in s. 984.03, following the 2911 procedures outlined in s. 984.151. 2912 (3)RETURN STUDENT TO PARENT. A designated school 2913 representative may visit the home or place of residence of a 2914 student and any other place in which he or she is likely to find 2915 any student who is required to attend school when the student is 2916 not enrolled or is absent from school during school hours 2917 without an excuse, and, when the student is found, shall return 2918 the student to his or her parent or to the principal or teacher 2919 in charge of the school, or to the private tutor from whom 2920 absent. If the parent cannot be located or is unavailable to 2921 take custody of the child, and the child is not to be presented 2922 to the childs school or tutor, the youth shall be referred to 2923 the Department of Juvenile Justices shelter, to another 2924 facility, or to the juvenile assessment center or other location 2925 established by the district school board to receive students who 2926 are absent from school. Upon receipt of the student, the parent 2927 shall be immediately notified. 2928 (4)REPORT TO APPROPRIATE AUTHORITY.A designated school 2929 representative shall report to the appropriate authority 2930 designated by law to receive such notices, all violations of the 2931 Child Labor Law that may come to his or her knowledge. 2932 (5)RIGHT TO INSPECT.A designated school representative 2933 shall have the right of access to, and inspection of, 2934 establishments where minors may be employed or detained only for 2935 the purpose of ascertaining whether students of compulsory 2936 school age are actually employed there and are actually working 2937 there regularly. The designated school representative shall, if 2938 he or she finds unsatisfactory working conditions or violations 2939 of the Child Labor Law, report his or her findings to the 2940 appropriate authority. 2941 Section 32.Subsections (2), (3), (4), (6), and (7) of 2942 section 1003.27, Florida Statutes, are amended to read: 2943 1003.27Court procedure and penalties.The court procedure 2944 and penalties for the enforcement of the provisions of this 2945 part, relating to compulsory school attendance, shall be as 2946 follows: 2947 (2)NONENROLLMENT AND NONATTENDANCE CASES. 2948 (a)In each case of nonenrollment or of nonattendance upon 2949 the part of a student who is required to attend some school, 2950 when no valid reason for such nonenrollment or nonattendance is 2951 found, The district school superintendent shall institute a 2952 criminal prosecution against the students parent, in each case 2953 of nonenrollment or of nonattendance of a student who is 2954 required to attend school, when no valid reason for the 2955 nonenrollment or nonattendance is found. However, Criminal 2956 prosecution may not be instituted against the students parent 2957 until the school and school district have complied with s. 2958 1003.26. 2959 (b)Each public school principal or the principals 2960 designee must shall notify the district school board of each 2961 minor student under its jurisdiction who accumulates 15 2962 unexcused absences in a period of 90 calendar days. Reports 2963 shall be made to the district school board at the end of each 2964 school quarter. The calculation of 15 absences within 90 days 2965 are determined based on calendar days and are not limited to the 2966 span of one school quarter during which the nonattendance begins 2967 or ends. The district school board shall verify the schools 2968 reporting 15 or more unexcused absences within a 90-day period 2969 have complied with the requirements of remediating truancy at 2970 the school level or pursuing appropriate court intervention as 2971 provided in this section. Any school not meeting the 2972 requirements in this paragraph shall provide a remedial action 2973 plan to the school board within 30 days, and follow up within 90 2974 days to confirm all truancy cases have been addressed either 2975 through the childs enrollment and regular attendance or 2976 referral of the case to the appropriate court or agency to 2977 pursue court intervention. 2978 (c)The district school superintendent must provide the 2979 Department of Highway Safety and Motor Vehicles the legal name, 2980 sex, date of birth, and social security number of each minor 2981 student who has been reported under this paragraph and who fails 2982 to otherwise satisfy the requirements of s. 322.091. The 2983 Department of Highway Safety and Motor Vehicles may not issue a 2984 driver license or learners driver license to, and shall suspend 2985 any previously issued driver license or learners driver license 2986 of, any such minor student, pursuant to the provisions of s. 2987 322.091. 2988 (d)(c)Each designee of the governing body of each private 2989 school and each parent whose child is enrolled in a home 2990 education program or personalized education program may provide 2991 the Department of Highway Safety and Motor Vehicles with the 2992 legal name, sex, date of birth, and social security number of 2993 each minor student under his or her jurisdiction who fails to 2994 satisfy relevant attendance requirements and who fails to 2995 otherwise satisfy the requirements of s. 322.091. The Department 2996 of Highway Safety and Motor Vehicles may not issue a driver 2997 license or learners driver license to, and shall suspend any 2998 previously issued driver license or learners driver license of, 2999 any such minor student pursuant to s. 322.091. 3000 (3)HABITUAL TRUANCY CASES. The district school 3001 superintendent may is authorized to file a truancy petition 3002 seeking early truancy intervention, as defined in s. 984.03, 3003 following the procedures outlined in s. 984.151. If the district 3004 school superintendent chooses not to file a truancy petition, 3005 the case must be referred to the Department of Juvenile 3006 Justices authorized agent for families in need of services. The 3007 procedures for filing a child in need of services child-in-need 3008 of-services petition must shall be commenced pursuant to this 3009 subsection and chapter 984 if voluntary family services do not 3010 remediate the childs truancy. The. In accordance with 3011 procedures established by the district school board, the 3012 designated school representative must shall refer a student who 3013 is a habitual habitually truant and the students family to the 3014 Department of Juvenile Justices designated children in need of 3015 services provider for provision of voluntary services, and may 3016 refer the case to children-in-need-of-services and families-in 3017 need-of-services provider or the case staffing committee, 3018 established pursuant to s. 984.12, following the referral 3019 process established by the cooperative interagency agreement as 3020 determined by the cooperative agreement required in this 3021 section. The case staffing committee may request the Department 3022 of Juvenile Justice or its designee to file a petition for child 3023 in need of services child-in-need-of-services petition based 3024 upon the report and efforts of the district school board or 3025 other community agency, and early truancy intervention by the 3026 circuit court, after review and an initial meeting, or may seek 3027 to resolve the truant behavior through the school or community 3028 based organizations or other state or local agencies. Prior to 3029 and subsequent to the filing of a child-in-need-of-services 3030 petition for a child in need of services due to habitual 3031 truancy, the appropriate governmental agencies must allow a 3032 reasonable time to complete actions required by this section and 3033 ss. 984.11 and s. 1003.26 to remedy the conditions leading to 3034 the truant behavior. Prior to the filing of a petition, the 3035 district school board must have complied with the requirements 3036 of s. 1003.26, and those efforts must have been unsuccessful. 3037 (4)COOPERATIVE AGREEMENTS.The circuit manager of the 3038 Department of Juvenile Justices authorized agent Justice or his 3039 or her designee, the circuit managers designee, the district 3040 administrator of the Department of Children and Families or the 3041 district administrators designee, and the district school 3042 superintendent or his or her the superintendents designee must 3043 develop a cooperative interagency agreement that: 3044 (a)Clearly defines each departments role, responsibility, 3045 and function in working with habitual truants and their 3046 families. 3047 (b)Identifies and implements measures to quickly resolve 3048 and reduce truant behavior. 3049 (c)Addresses issues of streamlining service delivery, the 3050 appropriateness of legal intervention, case management, the role 3051 and responsibility of the case staffing committee, student and 3052 parental intervention and involvement, and community action 3053 plans. 3054 (d)Delineates timeframes for implementation and identifies 3055 a mechanism for reporting results by the Department of Juvenile 3056 Justice or its authorized agent circuit juvenile justice manager 3057 or the circuit managers designee and the district school 3058 superintendent or the superintendents designee to the 3059 Department of Juvenile Justice and the Department of Education 3060 and other governmental entities as needed. 3061 (e)Designates which agency is responsible for each of the 3062 intervention steps in this section, to yield more effective and 3063 efficient intervention services. 3064 (6)PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN. 3065 Proceedings or prosecutions under this chapter may be commenced 3066 by the district school superintendent or his or her designee, by 3067 a designated school representative, by the probation officer of 3068 the county, by the executive officer of any court of competent 3069 jurisdiction, by an officer of any court of competent 3070 jurisdiction, or by a duly authorized agent of the Department of 3071 Education or the Department of Juvenile Justice, by a parent, or 3072 in the case of a criminal prosecution, by the Office of the 3073 State Attorney. If a proceeding has been commenced against both 3074 a parent and a child pursuant to this chapter, the presiding 3075 courts shall make every effort to coordinate services or 3076 sanctions against the child and parent, including ordering the 3077 child and parent to perform community service hours or attend 3078 counseling together. 3079 (7)PENALTIES.The penalties for refusing or failing to 3080 comply with this chapter shall be as follows: 3081 (a)The parent. 3082 1.A parent who refuses or fails to have a minor student 3083 who is under his or her control attend school regularly, or who 3084 refuses or fails to comply with the requirements in subsection 3085 (3), commits a misdemeanor of the second degree, punishable as 3086 provided in s. 775.082 or s. 775.083. 3087 2.The continued or habitual absence of a minor student 3088 without the consent of the principal or teacher in charge of the 3089 school he or she attends or should attend, or of the tutor who 3090 instructs or should instruct him or her, is prima facie evidence 3091 of a violation of this chapter; however, a showing that the 3092 parent has made a bona fide and diligent effort to control and 3093 keep the student in school shall be an affirmative defense to 3094 any criminal or other liability under this subsection and the 3095 court shall refer the parent and child for counseling, guidance, 3096 or other needed services. 3097 3.In addition to any other sanctions authorized under s. 3098 984.151 punishment, the court shall order a parent who has 3099 violated this section to send the minor student to school, and 3100 may also order the parent to participate in an approved parent 3101 training class, attend school with the student unless this would 3102 cause undue hardship or is prohibited by rules or policy of the 3103 school board, perform community service hours at the school, or 3104 participate in counseling or other services, as appropriate. If 3105 a parent is ordered to attend school with a student, the school 3106 shall provide for programming to educate the parent and student 3107 on the importance of school attendance. It shall be unlawful to 3108 terminate any employee solely because he or she is attending 3109 school with his or her child pursuant to a court order. 3110 (b)The principal or teacher.A principal or teacher in any 3111 public, parochial, religious, denominational, or private school, 3112 or a private tutor who willfully violates any provision of this 3113 chapter may, upon satisfactory proof of such violation, have his 3114 or her certificate revoked by the Department of Education. 3115 (c)The employer. 3116 1. An employer who fails to notify the district school 3117 superintendent when he or she ceases to employ a student commits 3118 a misdemeanor of the second degree, punishable as provided in s. 3119 775.082 or s. 775.083. 3120 2. An employer who terminates any employee solely because 3121 he or she is attending school with a student pursuant to court 3122 order commits a misdemeanor of the second degree, punishable as 3123 provided in s. 775.082 or s. 775.083. 3124 (d)The student. 3125 1.In addition to any other sanctions authorized under s. 3126 984.151 sanctions, the court shall order a student found to be a 3127 habitual truant to make up all school work missed and attend 3128 school daily with no unexcused absences or tardiness, and may 3129 order the child to and may order the student to pay a civil 3130 penalty of up to $2, based on the students ability to pay, for 3131 each day of school missed, perform up to 25 community service 3132 hours at the school, or participate in counseling or other 3133 services, as appropriate. 3134 2.Upon a second or subsequent finding that a student is a 3135 habitual truant, the court, in addition to any other authorized 3136 sanctions, shall order the student to make up all school work 3137 missed and may order the student to pay a civil penalty of up to 3138 $5, based on the students ability to pay, for each day of 3139 school missed, perform up to 50 community service hours at the 3140 school, or participate in counseling or other services, as 3141 appropriate. 3142 Section 33.Paragraph (g) is added to subsection (7) of 3143 section 381.02035, Florida Statutes, to read: 3144 381.02035Canadian Prescription Drug Importation Program. 3145 (7)ELIGIBLE IMPORTERS.The following entities may import 3146 prescription drugs from an eligible Canadian supplier under the 3147 program: 3148 (g)A pharmacist or wholesaler employed by or under 3149 contract with the Department of Juvenile Justice, for dispensing 3150 to juveniles in the custody of the Department of Juvenile 3151 Justice. 3152 Section 34.Paragraph (a) of subsection (5) of section 3153 790.22, Florida Statutes, is amended to read: 3154 790.22Use of BB guns, air or gas-operated guns, or 3155 electric weapons or devices by minor under 16; limitation; 3156 possession of firearms by minor under 18 prohibited; penalties. 3157 (5)(a)A minor who violates subsection (3): 3158 1.For a first offense, commits a misdemeanor of the first 3159 degree; shall serve a period of detention of up to 5 days in a 3160 secure detention facility, with credit for time served in secure 3161 detention prior to disposition; and shall be required to perform 3162 100 hours of community service or paid work as determined by the 3163 department. 3164 2.For a second or subsequent offense, commits a felony of 3165 the third degree. For a second offense, the minor shall serve a 3166 period of detention of up to 21 days in a secure detention 3167 facility, with credit for time served in secure detention prior 3168 to disposition, and shall be required to perform not less than 3169 100 nor more than 250 hours of community service or paid work as 3170 determined by the department. For a third or subsequent offense, 3171 the minor shall be adjudicated delinquent and committed to a 3172 residential program. A finding by a court that a minor committed 3173 a violation of this section, regardless of whether the court 3174 adjudicates the minor delinquent or withholds adjudication of 3175 delinquency, withhold of adjudication of delinquency shall be 3176 considered a prior offense for the purpose of determining a 3177 second, third, or subsequent offense. 3178 3179 For the purposes of this subsection, community service shall be 3180 performed, if possible, in a manner involving a hospital 3181 emergency room or other medical environment that deals on a 3182 regular basis with trauma patients and gunshot wounds. 3183 Section 35.Paragraph (a) of subsection (2) of section 3184 985.12, Florida Statutes, is amended to read: 3185 985.12Prearrest delinquency citation programs. 3186 (2)JUDICIAL CIRCUIT DELINQUENCY CITATION PROGRAM 3187 DEVELOPMENT, IMPLEMENTATION, AND OPERATION. 3188 (a)A prearrest delinquency citation program for 3189 misdemeanor offenses shall be established in each judicial 3190 circuit in the state. The state attorney and public defender of 3191 each circuit, the clerk of the court for each county in the 3192 circuit, and representatives of participating law enforcement 3193 agencies in the circuit shall create a prearrest delinquency 3194 citation program and develop its policies and procedures. In 3195 developing the programs policies and procedures, input from 3196 other interested stakeholders may be solicited. The department 3197 shall annually develop and provide guidelines on best practice 3198 models for prearrest delinquency citation programs to the 3199 judicial circuits as a resource. 3200 Section 36.Subsection (5) of section 985.126, Florida 3201 Statutes, is amended to read: 3202 985.126Prearrest and postarrest diversion programs; data 3203 collection; denial of participation or expunged record. 3204 (5)The department shall provide a quarterly report to be 3205 published on its website and distributed to the Governor, 3206 President of the Senate, and Speaker of the House of 3207 Representatives listing the entities that use prearrest 3208 delinquency citations for less than 80 70 percent of first-time 3209 misdemeanor offenses. 3210 Section 37.Paragraph (c) of subsection (1) of section 3211 985.25, Florida Statutes, is amended to read: 3212 985.25Detention intake. 3213 (1)The department shall receive custody of a child who has 3214 been taken into custody from the law enforcement agency or court 3215 and shall review the facts in the law enforcement report or 3216 probable cause affidavit and make such further inquiry as may be 3217 necessary to determine whether detention care is appropriate. 3218 (c)If the final score on the childs risk assessment 3219 instrument indicates detention care is appropriate, but the 3220 department otherwise determines the child should be released, 3221 the department shall contact the state attorney, who may 3222 authorize release. If the final score on the childs risk 3223 assessment instrument indicates release or supervised release is 3224 appropriate, but the department otherwise determines that there 3225 should be supervised release or detention, the department shall 3226 contact the state attorney, who may authorize an upward 3227 departure. Notwithstanding any other provision of this 3228 paragraph, a child may only be moved one category in either 3229 direction within the risk assessment instrument and release is 3230 not authorized if it would cause the child to be moved more than 3231 one category. 3232 3233 Under no circumstances shall the department or the state 3234 attorney or law enforcement officer authorize the detention of 3235 any child in a jail or other facility intended or used for the 3236 detention of adults, without an order of the court. 3237 Section 38.Paragraph (c) of subsection (7) of section 3238 985.433, Florida Statutes, is amended to read: 3239 985.433Disposition hearings in delinquency cases.When a 3240 child has been found to have committed a delinquent act, the 3241 following procedures shall be applicable to the disposition of 3242 the case: 3243 (7)If the court determines that the child should be 3244 adjudicated as having committed a delinquent act and should be 3245 committed to the department, such determination shall be in 3246 writing or on the record of the hearing. The determination shall 3247 include a specific finding of the reasons for the decision to 3248 adjudicate and to commit the child to the department, including 3249 any determination that the child was a member of a criminal 3250 gang. 3251 (c)The court may also require that the child be placed on 3252 conditional release in a probation program following the childs 3253 discharge from commitment. Community-based sanctions under 3254 subsection (8) may be imposed by the court at the disposition 3255 hearing or at any time prior to the childs release from 3256 commitment. 3257 Section 39.Section 985.625, Florida Statutes, is repealed. 3258 Section 40.Subsection (4) of section 985.632, Florida 3259 Statutes, is amended to read: 3260 985.632Quality improvement and cost-effectiveness; 3261 Comprehensive Accountability Report. 3262 (4)COST-EFFECTIVENESS MODEL.The department, in 3263 consultation with the Office of Economic and Demographic 3264 Research and contract service providers, shall develop a cost 3265 effectiveness model and apply the model to each commitment 3266 program. 3267 (a)The cost-effectiveness model shall compare program 3268 costs to expected and actual child recidivism rates. It is the 3269 intent of the Legislature that continual development efforts 3270 take place to improve the validity and reliability of the cost 3271 effectiveness model. 3272 (b)The department shall rank commitment programs based on 3273 the cost-effectiveness model, performance measures, and 3274 adherence to quality improvement standards and shall report this 3275 data in the annual Comprehensive Accountability Report. 3276 (c)Based on reports of the department on child outcomes 3277 and program outputs and on the departments most recent cost 3278 effectiveness rankings, the department may terminate a program 3279 operated by the department or a provider if the program has 3280 failed to achieve a minimum standard of program effectiveness. 3281 This paragraph does not preclude the department from terminating 3282 a contract as provided under this section or as otherwise 3283 provided by law or contract, and does not limit the departments 3284 authority to enter into or terminate a contract. 3285 (d)In collaboration with the Office of Economic and 3286 Demographic Research, and contract service providers, the 3287 department shall develop a work plan to refine the cost 3288 effectiveness model so that the model is consistent with the 3289 performance-based program budgeting measures approved by the 3290 Legislature to the extent the department deems appropriate. The 3291 department shall notify the Office of Program Policy Analysis 3292 and Government Accountability of any meetings to refine the 3293 model. 3294 (e)Contingent upon specific appropriation, the department, 3295 in consultation with the Office of Economic and Demographic 3296 Research, and contract service providers, shall: 3297 1.Construct a profile of each commitment program that uses 3298 the results of the quality improvement data portion of the 3299 Comprehensive Accountability Report required by this section, 3300 the cost-effectiveness data portion of the Comprehensive 3301 Accountability Report required in this subsection, and other 3302 reports available to the department. 3303 2.Target, for a more comprehensive evaluation, any 3304 commitment program that has achieved consistently high, low, or 3305 disparate ratings in the reports required under subparagraph 1. 3306 and target, for technical assistance, any commitment program 3307 that has achieved low or disparate ratings in the reports 3308 required under subparagraph 1. 3309 3.Identify the essential factors that contribute to the 3310 high, low, or disparate program ratings. 3311 4.Use the results of these evaluations in developing or 3312 refining juvenile justice programs or program models, child 3313 outcomes and program outputs, provider contracts, quality 3314 improvement standards, and the cost-effectiveness model. 3315 Section 41.Subsection (8) of section 95.11, Florida 3316 Statutes, is amended to read: 3317 95.11Limitations other than for the recovery of real 3318 property.Actions other than for recovery of real property shall 3319 be commenced as follows: 3320 (8)FOR INTENTIONAL TORTS BASED ON ABUSE.An action founded 3321 on alleged abuse, as defined in s. 39.01 or, s. 415.102, or s. 3322 984.03; incest, as defined in s. 826.04; or an action brought 3323 pursuant to s. 787.061 may be commenced at any time within 7 3324 years after the age of majority, or within 4 years after the 3325 injured person leaves the dependency of the abuser, or within 4 3326 years from the time of discovery by the injured party of both 3327 the injury and the causal relationship between the injury and 3328 the abuse, whichever occurs later. 3329 Section 42.Subsection (1) of section 409.2564, Florida 3330 Statutes, is amended to read: 3331 409.2564Actions for support. 3332 (1)In each case in which regular support payments are not 3333 being made as provided herein, the department shall institute, 3334 within 30 days after determination of the obligors reasonable 3335 ability to pay, action as is necessary to secure the obligors 3336 payment of current support, any arrearage that may have accrued 3337 under an existing order of support, and, if a parenting time 3338 plan was not incorporated into the existing order of support, 3339 include either a signed, agreed-upon parenting time plan or a 3340 signed Title IV-D Standard Parenting Time Plan, if appropriate. 3341 The department shall notify the program attorney in the judicial 3342 circuit in which the recipient resides setting forth the facts 3343 in the case, including the obligors address, if known, and the 3344 public assistance case number. Whenever applicable, the 3345 procedures established under chapter 88, Uniform Interstate 3346 Family Support Act, chapter 61, Dissolution of Marriage; 3347 Support; Time-sharing, chapter 39, Proceedings Relating to 3348 Children, chapter 984, Children and Families in Need of 3349 Services; Prevention and Intervention for School Truancy and 3350 Ungovernable and Runaway Children, and chapter 985, Delinquency; 3351 Interstate Compact on Juveniles, may govern actions instituted 3352 under this act, except that actions for support under chapter 3353 39, chapter 984, or chapter 985 brought pursuant to this act 3354 shall not require any additional investigation or supervision by 3355 the department. 3356 Section 43.Paragraph (e) of subsection (1) of section 3357 419.001, Florida Statutes, is amended to read: 3358 419.001Site selection of community residential homes. 3359 (1)For the purposes of this section, the term: 3360 (e)Resident means any of the following: a frail elder as 3361 defined in s. 429.65; a person who has a disability as defined 3362 in s. 760.22(3)(a); a person who has a developmental disability 3363 as defined in s. 393.063; a nondangerous person who has a mental 3364 illness as defined in s. 394.455; or a child who is found to be 3365 dependent as defined in s. 39.01 or s. 984.03, or a child in 3366 need of services as defined in s. 984.03 or s. 985.03. 3367 Section 44.Subsection (3) of section 744.309, Florida 3368 Statutes, is amended to read: 3369 744.309Who may be appointed guardian of a resident ward. 3370 (3)DISQUALIFIED PERSONS.No person who has been convicted 3371 of a felony or who, from any incapacity or illness, is incapable 3372 of discharging the duties of a guardian, or who is otherwise 3373 unsuitable to perform the duties of a guardian, shall be 3374 appointed to act as guardian. Further, no person who has been 3375 judicially determined to have committed abuse, abandonment, or 3376 neglect against a child as defined in s. 39.01 or s. 984.03(1), 3377 (2), and (24) (37), or who has been found guilty of, regardless 3378 of adjudication, or entered a plea of nolo contendere or guilty 3379 to, any offense prohibited under s. 435.04 or similar statute of 3380 another jurisdiction, shall be appointed to act as a guardian. 3381 Except as provided in subsection (5) or subsection (6), a person 3382 who provides substantial services to the proposed ward in a 3383 professional or business capacity, or a creditor of the proposed 3384 ward, may not be appointed guardian and retain that previous 3385 professional or business relationship. A person may not be 3386 appointed a guardian if he or she is in the employ of any 3387 person, agency, government, or corporation that provides service 3388 to the proposed ward in a professional or business capacity, 3389 except that a person so employed may be appointed if he or she 3390 is the spouse, adult child, parent, or sibling of the proposed 3391 ward or the court determines that the potential conflict of 3392 interest is insubstantial and that the appointment would clearly 3393 be in the proposed wards best interest. The court may not 3394 appoint a guardian in any other circumstance in which a conflict 3395 of interest may occur. 3396 Section 45.Section 784.075, Florida Statutes, is amended 3397 to read: 3398 784.075Battery on detention or commitment facility staff 3399 or a juvenile probation officer.A person who commits a battery 3400 on a juvenile probation officer, as defined in s. 984.03 or s. 3401 985.03, on other staff of a detention center or facility as 3402 defined in s. 984.03 s. 984.03(19) or s. 985.03, or on a staff 3403 member of a commitment facility as defined in s. 985.03, commits 3404 a felony of the third degree, punishable as provided in s. 3405 775.082, s. 775.083, or s. 775.084. For purposes of this 3406 section, a staff member of the facilities listed includes 3407 persons employed by the Department of Juvenile Justice, persons 3408 employed at facilities licensed by the Department of Juvenile 3409 Justice, and persons employed at facilities operated under a 3410 contract with the Department of Juvenile Justice. 3411 Section 46.Paragraph (b) of subsection (4) of section 3412 985.618, Florida Statutes, is amended to read: 3413 985.618Educational and career-related programs. 3414 (4) 3415 (b)Evaluations of juvenile educational and career-related 3416 programs shall be conducted according to the following 3417 guidelines: 3418 1.Systematic evaluations and quality assurance monitoring 3419 shall be implemented, in accordance with s. 985.632(1), (2), and 3420 (4) (5), to determine whether the programs are related to 3421 successful postrelease adjustments. 3422 2.Operations and policies of the programs shall be 3423 reevaluated to determine if they are consistent with their 3424 primary objectives. 3425 Section 47.This act shall take effect July 1, 2025.