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Florida Senate - 2025 CS for CS for CS for SB 1344 By the Committee on Fiscal Policy; the Appropriations Committee on Criminal and Civil Justice; the Committee on Criminal Justice; and Senator Simon 594-03712-25 20251344c3 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; conforming a cross 37 reference; amending s. 984.11, F.S.; requiring that an 38 array of voluntary family services be available to 39 remediate specified problems; providing that certain 40 families are not eligible for voluntary family 41 services; providing eligibility for children in 42 certain circumstances if the Department of Children 43 and Families agrees; providing for an interagency 44 agreement to govern such referrals; requiring parents 45 to use health care insurance to the extent that it is 46 available; deleting provisions concerning collection 47 of fees; amending s. 984.12, F.S.; revising provisions 48 related to case staffing and to services and treatment 49 related to a family in need of services; amending s. 50 984.13, F.S.; authorizing that a child be taken into 51 custody pursuant to a finding of contempt; specifying 52 placement of a child taken into custody in specified 53 circumstances; revising the duties of a person taking 54 a child into custody; amending s. 984.14, F.S.; 55 revising provisions concerning voluntary shelter 56 services and placement of children in such services; 57 deleting provisions concerning involuntary placement 58 in a shelter; amending s. 984.15, F.S.; revising 59 requirements for petitions for a child in need of 60 services; conforming a cross-reference and provisions 61 to changes made by the act; amending s. 984.151, F.S.; 62 providing for early truancy intervention; providing 63 for additional services to be ordered if a student is 64 found to be a truant status offender; revising 65 provisions concerning compliance; providing for 66 applicability in cases in which a student is found to 67 be a child in need of services; providing for 68 retention of jurisdiction by courts; providing an 69 exception; providing for service of court orders on 70 specified entities; amending s. 984.16, F.S.; 71 requiring that a students school receive notice of 72 certain actions by courts; amending s. 984.17, F.S.; 73 specifying when a guardian ad litem may be appointed; 74 revising provisions concerning representation of the 75 Department of Juvenile Justice in cases in which a 76 child is alleged to be in need of services; repealing 77 s. 984.18, F.S., relating to referral of child-in 78 need-of-services cases to mediation; amending s. 79 984.19, F.S.; providing that an authorized agent of 80 the department may have a medical screening provided 81 for a child placed in shelter care; revising 82 provisions concerning consent for medical care for a 83 child in the care of the department; amending s. 84 984.20, F.S.; revising provisions for hearings in 85 child in need of services cases; providing that the 86 failure of a person served with notice to appear at 87 the arraignment hearing constitutes the persons 88 consent to the child in need of services petition; 89 requiring a specified notice in such petitions; 90 conforming a cross-reference; amending s. 984.21, 91 F.S.; specifying that an order of adjudication by a 92 court that a child is a child in need of services is a 93 civil adjudication and not a conviction; deleting 94 provisions allowing a court to withhold an 95 adjudication that a child is a child in need of 96 services in certain cases; amending s. 984.22, F.S.; 97 conforming provisions to changes made by the act; 98 deleting provisions on the deposit of fees received; 99 amending s. 984.225, F.S.; revising when a child in 100 need of services may be placed in a shelter; revising 101 placement procedures; providing for counseling orders; 102 specifying the effect of a placement on the legal 103 responsibilities of a parent, guardian, or custodian; 104 providing limits for shelter stays; deleting 105 provisions concerning exhaustion of less restrictive 106 alternatives; providing for periodic review of 107 placements; requiring a court to direct a staffing to 108 take place with the Department of Children and 109 Families under certain circumstances; requiring a 110 court to refer a child to the Agency for Persons with 111 Disabilities in certain circumstances; amending s. 112 984.226, F.S.; authorizing contracting for physically 113 secure shelters; deleting provisions on representation 114 in certain proceedings; requiring exhaustion of less 115 restrictive placements before a child may be placed in 116 a physically secure shelter; providing a time limit on 117 secure shelter orders; providing legislative intent; 118 revising provisions concerning review of secure 119 shelter placements; providing for transfer to shelter 120 placements in certain circumstances; requiring a court 121 to direct a staffing to take place with the department 122 under certain circumstances; providing for the 123 transfer of a child to the Agency for Persons with 124 Disabilities in certain circumstances; transferring 125 and renumbering s. 985.731, F.S., as s. 787.035, F.S., 126 relating to offenses concerning providing sheltering 127 unmarried minors and aiding unmarried minor runaways; 128 providing criminal penalties; amending s. 985.03, 129 F.S.; revising the definition of the term child who 130 has been found to have committed a delinquent act; 131 amending s. 985.24, F.S.; prohibiting placement of a 132 child subject to certain proceedings into secure 133 detention care; amending s. 1003.26, F.S.; authorizing 134 that certain meetings with parents may be conducted 135 virtually or by telephone; providing for child study 136 team meetings in the absence of a parent, legal 137 guardian, or custodian or child; revising 138 interventions by such team; providing for promotion of 139 a child who is responsive to intervention and meets 140 specified requirements; revising provisions concerning 141 required notice of a childs enrollment or attendance 142 issues; revising provisions concerning returning a 143 student to a parent or other party in certain 144 circumstances; amending s. 1003.27, F.S.; revising 145 reporting requirements for reports by school 146 principals to school boards concerning minor students 147 who accumulate more than a specified number of 148 absences; requiring actions by school boards; 149 providing for remedial actions for failure to comply; 150 revising provisions concerning habitual truancy cases; 151 revising provisions concerning cooperative agreements; 152 revising who may begin certain proceedings and 153 prosecutions; deleting a provision concerning a civil 154 penalty for students; revising provisions concerning 155 truant students; amending s. 381.02035, F.S.; 156 authorizing pharmacists employed by the Department of 157 Juvenile Justice to import drugs from Canada under a 158 specified program; amending s. 790.22, F.S.; revising 159 provisions concerning the treatment of a finding that 160 a minor violated specified provisions, regardless of 161 whether adjudication was withheld, for the purposes of 162 determining whether a prior offense was committed; 163 amending s. 985.12, F.S.; deleting a requirement that 164 the Department of Juvenile Justice annually develop 165 and produce best practice models for prearrest 166 delinquency citation programs; amending s. 985.126, 167 F.S.; revising the requirements for a quarterly report 168 on prearrest citation programs; amending s. 985.25, 169 F.S.; providing for supervised release or detention of 170 a child despite the childs risk assessment score in 171 certain circumstances; limiting the number of 172 categories that a child may be moved; amending s. 173 985.433, F.S.; requiring that a child be placed on 174 conditional release rather than probation following 175 discharge from commitment; repealing s. 985.625, F.S., 176 relating to literacy programs for juvenile offenders; 177 amending s. 985.632, F.S.; deleting a provision 178 regarding development of a cost-effectiveness model 179 and application of the model to each commitment 180 program; amending ss. 95.11, 409.2564, 419.001, 181 744.309, 784.075, and 985.618, F.S.; conforming cross 182 references and provisions to changes made by the act; 183 providing an effective date. 184 185 Be It Enacted by the Legislature of the State of Florida: 186 187 Section 1.Chapter 984, Florida Statutes, entitled 188 Children and Families in Need of Services, is renamed 189 Children and Families in Need of Services; Prevention and 190 Intervention for School Truancy and Ungovernable and Runaway 191 Children. 192 Section 2.Section 984.01, Florida Statutes, is amended to 193 read: 194 984.01Purposes and intent; personnel standards and 195 screening. 196 (1)The purposes of this chapter are: 197 (a)To provide judicial, nonjudicial, and other procedures 198 to address the status offenses of children who are truant from 199 school, run away from their caregivers, or exhibit ungovernable 200 behavior by refusing to follow the household rules of their 201 caregivers and engage in behavior that places the child at risk 202 of harm; and to ensure assure due process through which children 203 and other interested parties are assured fair hearings by a 204 respectful and respected court or other tribunal and the 205 recognition, protection, and enforcement of their constitutional 206 and other legal rights, while ensuring that public safety 207 interests and the authority and dignity of the courts are 208 adequately protected. 209 (b)To provide for the care, safety, and protection of 210 children in an environment that cultivates fosters healthy 211 social, emotional, intellectual, and physical development; to 212 ensure the safety of children secure and safe custody; and to 213 promote the education, health, and well-being of all children 214 under the states care. 215 (c)To provide ensure the protection of society, by 216 providing for a needs comprehensive standardized assessment of 217 the childs needs, strengths, and family dynamics so that the 218 most appropriate services control, discipline, punishment, and 219 treatment can be provided in the most appropriate environment 220 administered consistent with the seriousness of the act 221 committed, the communitys long-term need for public safety and 222 the safety of the individual child, with consideration given to 223 the education and overall well-being, the prior record of the 224 child, and the specific rehabilitation needs of the child, while 225 also providing restitution, whenever possible, to the victim of 226 the offense. 227 (d)To preserve and strengthen the childs family ties 228 whenever possible; provide for temporary shelter placement of 229 the child only when necessary for the childs education, safety, 230 and welfare and when other less restrictive alternatives have 231 been exhausted; provide, by providing for removal of the child 232 from parental custody only when his or her welfare or the safety 233 and protection of the public cannot be adequately safeguarded 234 without such removal; and, when the child is removed from his or 235 her own family, to secure custody, care, and education; 236 encourage self-discipline; and increase protective factors when 237 the child is in temporary shelter placement discipline for the 238 child as nearly as possible equivalent to that which should have 239 been given by the parents; and to assure, in all cases in which 240 a child must be permanently removed from parental custody, that 241 the child be placed in an approved family home, adoptive home, 242 independent living program, or other placement that provides the 243 most stable and permanent living arrangement for the child, as 244 determined by the court. 245 (e)1.To ensure assure that the adjudication and 246 disposition of a child alleged or found to be a child in need of 247 services have committed a violation of Florida law be exercised 248 with appropriate discretion and in keeping with the seriousness 249 of the misconduct offense and the need for treatment services, 250 and that all findings made under this chapter be based upon 251 facts presented at a hearing that meets the constitutional 252 standards of fundamental fairness and due process. 253 2.To assure that the sentencing and placement of a child 254 tried as an adult be appropriate and in keeping with the 255 seriousness of the offense and the childs need for 256 rehabilitative services, and that the proceedings and procedures 257 applicable to such sentencing and placement be applied within 258 the full framework of constitutional standards of fundamental 259 fairness and due process. 260 (f)To provide a court process through which school boards 261 are able to access the court for the limited purpose of early 262 truancy intervention for children, subject to compulsory 263 education, who are not engaging in regular school attendance, 264 and encourage school attendance by educating children and their 265 families on the importance of regular school attendance and 266 provide services to families to prevent the childs pattern of 267 truancy from becoming habitual children committed to the 268 Department of Juvenile Justice with training in life skills, 269 including career education. 270 (2)The department of Juvenile Justice or the Department of 271 Children and Families, as appropriate, may contract with the 272 Federal Government, other state departments and agencies, county 273 and municipal governments and agencies, public and private 274 agencies, and private individuals and corporations in carrying 275 out the purposes of, and the responsibilities established in, 276 this chapter. 277 (a)If the department contracts with a provider for any 278 program for children, all personnel, including owners, 279 operators, employees, and volunteers, in the facility must be of 280 good moral character. The Each contract entered into by either 281 department and any agency providing services for the department 282 must require that each contract entered into for services 283 delivered on an appointment or intermittent basis by a provider 284 that does or does not have regular custodial responsibility for 285 children and each contract with a school for before or aftercare 286 services must ensure that the owners, operators, and all 287 personnel who have direct contact with children are of good 288 moral character and must meet level 2 screening requirements as 289 described in s. 435.04. A volunteer who assists on an 290 intermittent basis for less than 10 hours per month need not be 291 screened if a person who meets the screening requirement of this 292 section is always present and has the volunteer in his or her 293 line of sight. 294 (b)The department of Juvenile Justice and the Department 295 of Children and Families shall require employment screening 296 pursuant to chapter 435, using the level 2 standards set forth 297 in that chapter for personnel in programs for children or 298 youths. 299 (b)(c)The department of Juvenile Justice or the Department 300 of Children and Families may grant exemptions from 301 disqualification from working with children as provided in s. 302 435.07. 303 (c)Any shelter used for the placement of children under 304 this chapter must be licensed by the Department of Children and 305 Families. 306 (3)It is the intent of the Legislature that This chapter 307 is to be liberally interpreted and construed in conformity with 308 its declared purposes. 309 Section 3.Section 984.02, Florida Statutes, is amended to 310 read: 311 984.02Legislative intent for prevention and intervention 312 under chapter 984 the juvenile justice system. 313 (1)GENERAL PROTECTIONS FOR CHILDREN.It is a purpose of 314 the Legislature that the children of this state be provided with 315 the following protections: 316 (a)Protection from abuse, neglect, and exploitation. 317 (b)A permanent and stable home. 318 (c)A safe and nurturing environment which will preserve a 319 sense of personal dignity and integrity. 320 (d)Adequate nutrition, shelter, and clothing. 321 (e)Effective services or treatment to address physical, 322 social, and emotional needs, regardless of geographical 323 location. 324 (f)Equal opportunity and access to quality and effective 325 education which will meet the individual needs of each child and 326 prepare the child for future employment, and to recreation and 327 other community resources to develop individual abilities. 328 (g)Access to preventive services to provide the child and 329 family the support of community resources to address the needs 330 of the child and reduce the risk of harm or engaging in 331 delinquent behavior. 332 (h)Court An independent, trained advocate when 333 intervention only when is necessary to address at-risk behavior 334 before the behavior escalates into harm to the child or to the 335 community through delinquent behavior. 336 (i)Access to representation by a trained advocate when 337 court proceedings are initiated under this chapter. 338 (j)Supervision and services by skilled staff when 339 temporary out-of-home placement is necessary and a skilled 340 guardian or caretaker in a safe environment when alternative 341 placement is necessary. 342 (2)SUBSTANCE ABUSE SERVICES.The Legislature finds that 343 children in the care of the states juvenile justice and 344 intervention dependency and delinquency systems need appropriate 345 health care services and, that the impact of substance abuse on 346 health requires indicates the need for health care services to 347 include substance abuse services when where appropriate., and 348 that It is in the states best interest that such children be 349 provided the services they need to enable them to become and 350 remain independent of state care. In order to provide these 351 services, the states juvenile justice and intervention 352 dependency and delinquency systems must have the ability to 353 identify and make referrals to experts capable of providing 354 provide appropriate intervention and treatment for children with 355 personal or family-related substance abuse problems. It is 356 therefore the purpose of the Legislature to provide authority 357 for the state to contract with community substance abuse 358 treatment providers for the development and operation of 359 specialized support and overlay services for the juvenile 360 justice and intervention dependency and delinquency systems, 361 subject to legislative appropriation, which will be fully 362 implemented and utilized as resources permit. This section does 363 not prevent agencies from referring children and families to 364 privately operated community service providers to the extent the 365 families have funding or insurance to provide care. 366 (3)JUVENILE JUSTICE AND INTERVENTION DELINQUENCY 367 PREVENTION.It is the policy of the state regarding with respect 368 to juvenile justice and intervention delinquency prevention to 369 first protect the public from acts of delinquency. In addition, 370 it is the policy of the state to: 371 (a)Develop and implement effective methods of preventing 372 and reducing acts of delinquency, with a focus on maintaining 373 and strengthening the family as a whole so that children may 374 remain in their homes or communities. 375 (b)Develop and implement effective programs to prevent 376 delinquency, to divert children from the traditional juvenile 377 justice system, to intervene at an early stage of delinquency, 378 and to provide critically needed alternatives to 379 institutionalization and deep-end commitment. 380 (c)Provide well-trained personnel, high-quality services, 381 and cost-effective programs within the juvenile justice system. 382 (d)Increase the capacity of local governments and public 383 and private agencies to conduct rehabilitative treatment 384 programs and to provide research, evaluation, and training 385 services for in the field of juvenile delinquency prevention. 386 (e)Develop and implement effective early prevention 387 programs to address truancy and ungovernable and runaway 388 behavior of children which places the child at risk of harm, and 389 allow for intervention before the child engages in a delinquent 390 act. 391 392 The Legislature intends that temporary shelter detention care, 393 in addition to providing safe care secure and safe custody, will 394 promote the health and well-being of the children placed therein 395 committed thereto and provide an environment that fosters their 396 social, emotional, intellectual, and physical development. 397 (4)PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES. 398 Parents, custodians, and guardians are deemed by the state to be 399 responsible for providing their children with sufficient 400 support, guidance, and supervision to deter their participation 401 in delinquent acts, and ensure their children attend school and 402 engage in education to prepare their child for their future. The 403 state further recognizes that the ability of parents, 404 custodians, and guardians to fulfill those responsibilities can 405 be greatly impaired by economic, social, behavioral, emotional, 406 and related problems. It is therefore the policy of the 407 Legislature that it is the states responsibility to ensure that 408 factors impeding the ability of caretakers to fulfill their 409 responsibilities are identified and appropriate recommendations 410 are provided to address those impediments through the provision 411 of nonjudicial voluntary family services for families in need of 412 services and through the child in need of services court 413 processes delinquency intake process and that appropriate 414 recommendations to address those problems are considered in any 415 judicial or nonjudicial proceeding. 416 (5)PROVISION OF SERVICES.-Services to families shall be 417 provided on a continuum of increasing intensity and 418 participation by the parent, legal guardian, or custodian and 419 child. Judicial intervention to resolve the problems and 420 conflicts that exist within a family shall be limited to 421 situations in which a resolution to the problem or conflict has 422 not been achieved through individual and family services after 423 all available less restrictive resources have been exhausted. In 424 creating this chapter, the Legislature recognizes the need to 425 distinguish the problems of truants, runaways, and children 426 beyond the control of their parents, and the services provided 427 to these children, from the problems and services designed to 428 meet the needs of abandoned, abused, neglected, and delinquent 429 children. In achieving this distinction, it is the policy of the 430 state to develop short-term services using the least restrictive 431 method for children and families, early truancy intervention, 432 and children in need of services. 433 Section 4.Section 984.03, Florida Statutes, is amended to 434 read: 435 984.03Definitions.When used in this chapter, the term: 436 (1)Abandoned or abandonment has the same meaning as in 437 s. 39.01(1) means a situation in which the parent or legal 438 custodian of a child or, in the absence of a parent or legal 439 custodian, the person responsible for the childs welfare, while 440 being able, makes no provision for the childs support and makes 441 no effort to communicate with the child, which situation is 442 sufficient to evince a willful rejection of parental 443 obligations. If the efforts of such parent or legal custodian, 444 or person primarily responsible for the childs welfare to 445 support and communicate with the child are, in the opinion of 446 the court, only marginal efforts that do not evince a settled 447 purpose to assume all parental duties, the court may declare the 448 child to be abandoned. The term abandoned does not include a 449 child in need of services as defined in subsection (9) or a 450 family in need of services as defined in subsection (25). The 451 incarceration of a parent, legal custodian, or person 452 responsible for a childs welfare does not constitute a bar to a 453 finding of abandonment. 454 (2)Abuse has the same meaning as in s. 39.01(2) means 455 any willful act that results in any physical, mental, or sexual 456 injury that causes or is likely to cause the childs physical, 457 mental, or emotional health to be significantly impaired. 458 Corporal discipline of a child by a parent or guardian for 459 disciplinary purposes does not in itself constitute abuse when 460 it does not result in harm to the child as defined in s. 39.01. 461 (3)Addictions receiving facility means a substance abuse 462 service provider as defined in chapter 397. 463 (3)(4)Adjudicatory hearing means a hearing for the court 464 to determine whether or not the facts support the allegations 465 stated in the petition as is provided for under s. 984.20(2) in 466 child in need of services child-in-need-of-services cases. 467 (4)(5)Adult means any natural person other than a child. 468 (5)(6)Authorized agent or designee of the department 469 means a person or agency assigned or designated by the 470 Department of Juvenile Justice or the Department of Children and 471 Families, as appropriate, to perform duties or exercise powers 472 pursuant to this chapter and includes contract providers and 473 subcontracted providers and their employees for purposes of 474 providing voluntary family services, and providing court-ordered 475 services to and managing cases of children in need of services 476 and families in need of services. 477 (7)Caretaker/homemaker means an authorized agent of the 478 Department of Children and Families who shall remain in the 479 childs home with the child until a parent, legal guardian, or 480 relative of the child enters the home and is capable of assuming 481 and agrees to assume charge of the child. 482 (6)(8)Child or juvenile or youth means any unmarried 483 person under the age of 18 who has not been emancipated by order 484 of the court and who has been found or alleged to be dependent, 485 in need of services, or from a family in need of services; or 486 any married or unmarried person who is charged with a violation 487 of law occurring prior to the time that person reached the age 488 of 18 years. 489 (7)(9)Child in need of services means a child for whom 490 there is no pending petition filed with the court investigation 491 into an allegation or suspicion of abuse, neglect, or 492 abandonment; no pending referral alleging the child is 493 delinquent; or no current court-ordered supervision by the 494 department for delinquency under chapter 985 of Juvenile Justice 495 or court-ordered supervision by the Department of Children and 496 Families under chapter 39 for an adjudication of dependency or 497 delinquency. The child must also, pursuant to this chapter, be 498 found by the court: 499 (a)To have persistently run away from the childs parents, 500 or legal guardians, or custodians despite reasonable efforts of 501 the child, the parents, or legal guardians, or custodians, and 502 appropriate agencies to remedy the conditions contributing to 503 the behavior. Reasonable efforts shall include voluntary 504 participation by the childs parents or legal guardian, or 505 custodians and the child in family mediation, voluntary 506 services, and treatment offered by the department or through its 507 authorized agent of Juvenile Justice or the Department of 508 Children and Families; 509 (b)To be a habitual habitually truant from school, while 510 subject to compulsory school attendance, despite reasonable 511 efforts to remedy the situation pursuant to ss. 1003.26 and 512 1003.27 and through voluntary participation by the childs 513 parents or legal custodians and by the child in family 514 mediation, services, and treatment offered by the department or 515 its authorized agent of Juvenile Justice or the Department of 516 Children and Families; or 517 (c)To be ungovernable by having have persistently 518 disobeyed the reasonable and lawful rules and demands of the 519 childs parents, or legal guardians, or custodians, and to be 520 beyond their control despite the child having the mental and 521 physical capacity to understand and obey lawful rules and 522 demands, and despite efforts by the childs parents, or legal 523 guardians, or custodians and appropriate agencies to remedy the 524 conditions contributing to the behavior. Reasonable efforts may 525 include such things as good faith participation in voluntary 526 family services or individual services counseling. 527 (10)Child support means a court-ordered obligation, 528 enforced under chapter 61 and ss. 409.2551-409.2597, for 529 monetary support for the care, maintenance, training, and 530 education of a child. 531 (11)Child who has been found to have committed a 532 delinquent act means a child who, pursuant to the provisions of 533 chapter 985, is found by a court to have committed a violation 534 of law or to be in direct or indirect contempt of court, except 535 that this definition shall not include an act constituting 536 contempt of court arising out of a dependency proceeding or a 537 proceeding pursuant to this chapter. 538 (12)Child who is found to be dependent or dependent 539 child means a child who, pursuant to this chapter, is found by 540 the court: 541 (a)To have been abandoned, abused, or neglected by the 542 childs parents or other custodians. 543 (b)To have been surrendered to the former Department of 544 Health and Rehabilitative Services, the Department of Children 545 and Families, or a licensed child-placing agency for purpose of 546 adoption. 547 (c)To have been voluntarily placed with a licensed child 548 caring agency, a licensed child-placing agency, an adult 549 relative, the former Department of Health and Rehabilitative 550 Services, or the Department of Children and Families, after 551 which placement, under the requirements of this chapter, a case 552 plan has expired and the parent or parents have failed to 553 substantially comply with the requirements of the plan. 554 (d)To have been voluntarily placed with a licensed child 555 placing agency for the purposes of subsequent adoption and a 556 natural parent or parents signed a consent pursuant to the 557 Florida Rules of Juvenile Procedure. 558 (e)To have no parent, legal custodian, or responsible 559 adult relative to provide supervision and care. 560 (f)To be at substantial risk of imminent abuse or neglect 561 by the parent or parents or the custodian. 562 (8)(13)Circuit means any of the 20 judicial circuits as 563 set forth in s. 26.021. 564 (14)Comprehensive assessment or assessment means the 565 gathering of information for the evaluation of a juvenile 566 offenders or a childs physical, psychological, educational, 567 vocational, and social condition and family environment as they 568 relate to the childs need for rehabilitative and treatment 569 services, including substance abuse treatment services, mental 570 health services, developmental services, literacy services, 571 medical services, family services, and other specialized 572 services, as appropriate. 573 (9)(15)Court, unless otherwise expressly stated, means 574 the circuit court assigned to exercise jurisdiction under this 575 chapter. 576 (10)Custodian means any adult person who is exercising 577 actual physical custody of the child and is providing food, 578 clothing, and care for the child in the absence of a parent or 579 legal guardian. 580 (16)Delinquency program means any intake, community 581 control, or similar program; regional detention center or 582 facility; or community-based program, whether owned and operated 583 by or contracted by the Department of Juvenile Justice, or 584 institution owned and operated by or contracted by the 585 Department of Juvenile Justice, which provides intake, 586 supervision, or custody and care of children who are alleged to 587 be or who have been found to be delinquent pursuant to chapter 588 985. 589 (11)(17)Department means the Department of Juvenile 590 Justice. 591 (18)Detention care means the temporary care of a child 592 in secure, nonsecure, or home detention, pending a court 593 adjudication or disposition or execution of a court order. There 594 are three types of detention care, as follows: 595 (a)Secure detention means temporary custody of the child 596 while the child is under the physical restriction of a detention 597 center or facility pending adjudication, disposition, or 598 placement. 599 (b)Nonsecure detention means temporary custody of the 600 child while the child is in a residential home in the community 601 in a physically nonrestrictive environment under the supervision 602 of the Department of Juvenile Justice pending adjudication, 603 disposition, or placement. 604 (c)Home detention means temporary custody of the child 605 while the child is released to the custody of the parent, 606 guardian, or custodian in a physically nonrestrictive 607 environment under the supervision of the Department of Juvenile 608 Justice staff pending adjudication, disposition, or placement. 609 (19)Detention center or facility means a facility used 610 pending court adjudication or disposition or execution of court 611 order for the temporary care of a child alleged or found to have 612 committed a violation of law. A detention center or facility may 613 provide secure or nonsecure custody. A facility used for the 614 commitment of adjudicated delinquents shall not be considered a 615 detention center or facility. 616 (20)Detention hearing means a hearing for the court to 617 determine if a child should be placed in temporary custody, as 618 provided for under s. 39.402, in dependency cases. 619 (21)Diligent efforts of social service agency means 620 reasonable efforts to provide social services or reunification 621 services made by any social service agency as defined in this 622 section that is a party to a case plan. 623 (22)Diligent search means the efforts of a social 624 service agency to locate a parent or prospective parent whose 625 identity or location is unknown, or a relative made known to the 626 social services agency by the parent or custodian of a child. 627 When the search is for a parent, prospective parent, or relative 628 of a child in the custody of the department, this search must be 629 initiated as soon as the agency is made aware of the existence 630 of such parent, prospective parent, or relative. A diligent 631 search shall include interviews with persons who are likely to 632 have information about the identity or location of the person 633 being sought, comprehensive database searches, and records 634 searches, including searches of employment, residence, 635 utilities, Armed Forces, vehicle registration, child support 636 enforcement, law enforcement, and corrections records, and any 637 other records likely to result in identifying and locating the 638 person being sought. The initial diligent search must be 639 completed within 90 days after a child is taken into custody. 640 After the completion of the initial diligent search, the 641 department, unless excused by the court, shall have a continuing 642 duty to search for relatives with whom it may be appropriate to 643 place the child, until such relatives are found or until the 644 child is placed for adoption. 645 (12)(23)Disposition hearing means a hearing in which the 646 court determines the most appropriate dispositional services in 647 the least restrictive available setting provided for under s. 648 984.20(3), in child in need of services child-in-need-of 649 services cases. 650 (13)Early truancy intervention means action taken by a 651 school or school district pursuant to s. 1003.26 to identify a 652 pattern of nonattendance by a student subject to compulsory 653 school attendance at the earliest opportunity to address the 654 reasons for the students nonattendance, and includes services 655 provided by the school or school district, or the department or 656 its authorized agent pursuant to s. 984.11, and may include 657 judicial action pursuant to s. 984.151 or s. 1003.27. 658 (14)(24)Family means a collective body of persons, 659 consisting of a child and a parent, legal guardian, adult 660 custodian, or adult relative, in which: 661 (a)The persons reside in the same house or living unit; or 662 (b)The parent, legal guardian, adult custodian, or adult 663 relative has a legal responsibility by blood, marriage, or court 664 order to support or care for the child. 665 (15)(25)Family in need of services means a family that 666 has a child who is running away; who is ungovernable and 667 persistently disobeying reasonable and lawful demands of the 668 parent or legal custodian and is beyond the control of the 669 parent or legal custodian; or who is a habitual habitually 670 truant from school or engaging in other serious behaviors that 671 place the child at risk of future abuse, neglect, or abandonment 672 or at risk of entering the juvenile justice system. The child 673 must be referred to a law enforcement agency, the department of 674 Juvenile Justice, or an agency contracted to provide services to 675 children in need of services. A family is not eligible to 676 receive voluntary family services if, at the time of the 677 referral, there is an open investigation into an allegation of 678 abuse, neglect, or abandonment or if the child is currently 679 under court-ordered supervision by the department for 680 delinquency under chapter 985 or under court-ordered supervision 681 by of Juvenile Justice or the Department of Children and 682 Families under chapter 39 due to an adjudication of dependency 683 or delinquency. 684 (26)Foster care means care provided a child in a foster 685 family or boarding home, group home, agency boarding home, child 686 care institution, or any combination thereof. 687 (16)(27)Habitual Habitually truant has the same meaning 688 as in s. 1003.01(12). means that: 689 (a)The child has 15 unexcused absences within 90 calendar 690 days with or without the knowledge or justifiable consent of the 691 childs parent or legal guardian, is subject to compulsory 692 school attendance under s. 1003.21(1) and (2)(a), and is not 693 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions 694 specified by law or the rules of the State Board of Education. 695 (b)Activities to determine the cause, and to attempt the 696 remediation, of the childs truant behavior under ss. 1003.26 697 and 1003.27(3), have been completed. 698 699 If a child who is subject to compulsory school attendance is 700 responsive to the interventions described in ss. 1003.26 and 701 1003.27(3) and has completed the necessary requirements to pass 702 the current grade as indicated in the district pupil progression 703 plan, the child shall not be determined to be habitually truant 704 and shall be passed. If a child within the compulsory school 705 attendance age has 15 unexcused absences within 90 calendar days 706 or fails to enroll in school, the State Attorney may, or the 707 appropriate jurisdictional agency shall, file a child-in-need 708 of-services petition if recommended by the case staffing 709 committee, unless it is determined that another alternative 710 action is preferable. The failure or refusal of the parent or 711 legal guardian or the child to participate, or make a good faith 712 effort to participate, in the activities prescribed to remedy 713 the truant behavior, or the failure or refusal of the child to 714 return to school after participation in activities required by 715 this subsection, or the failure of the child to stop the truant 716 behavior after the school administration and the Department of 717 Juvenile Justice have worked with the child as described in ss. 718 1003.26 and 1003.27(3) shall be handled as prescribed in s. 719 1003.27. 720 (17)(28)Intake means the initial acceptance and 721 screening by the department or its authorized agent of a 722 referral from an early truancy intervention court, a school 723 board, or a school requesting services; a request for assistance 724 from a parent or child; or a complaint, of Juvenile Justice of a 725 complaint or a law enforcement report, or probable cause 726 affidavit of a childs truancy, ungovernable behavior, or 727 running away, on behalf of a family delinquency, family in need 728 of services, or child in need of services to determine the most 729 appropriate course of action recommendation to be taken in the 730 best interests of the child, the family, and the community. The 731 emphasis of intake is on diversion and the least restrictive 732 available services. Consequently, intake includes such 733 alternatives as: 734 (a)The disposition of the request for services, complaint, 735 report, or probable cause affidavit without court or public 736 agency action or judicial handling when appropriate. 737 (b)The referral of the child to another public or private 738 agency when appropriate. 739 (c)The recommendation by the assigned intake case manager 740 juvenile probation officer of judicial handling when appropriate 741 and warranted. 742 (18)(29)Judge means the circuit judge exercising 743 jurisdiction pursuant to this chapter. 744 (30)Juvenile justice continuum includes, but is not 745 limited to, delinquency prevention programs and services 746 designed for the purpose of preventing or reducing delinquent 747 acts, including criminal activity by criminal gangs and juvenile 748 arrests, as well as programs and services targeted at children 749 who have committed delinquent acts, and children who have 750 previously been committed to residential treatment programs for 751 delinquents. The term includes children-in-need-of-services and 752 families-in-need-of-services programs; conditional release; 753 substance abuse and mental health programs; educational and 754 vocational programs; recreational programs; community services 755 programs; community service work programs; and alternative 756 dispute resolution programs serving children at risk of 757 delinquency and their families, whether offered or delivered by 758 state or local governmental entities, public or private for 759 profit or not-for-profit organizations, or religious or 760 charitable organizations. 761 (31)Juvenile probation officer means the authorized 762 agent of the department who performs and directs intake, 763 assessment, probation, or conditional release, and other related 764 services. 765 (19)(32)Legal custody means a legal status created by 766 court order or letter of guardianship which vests in a custodian 767 of the person or guardian, whether an agency or an individual, 768 the right to have physical custody of the child and the right 769 and duty to protect, train, and discipline the child and to 770 provide him or her with food, shelter, education, and ordinary 771 medical, dental, psychiatric, and psychological care. 772 (20)(33)Licensed child-caring agency means an agency 773 licensed by the Department of Children and Families pursuant to 774 s. 409.175 a person, society, association, or agency licensed by 775 the Department of Children and Families to care for, receive, 776 and board children. 777 (21)(34)Licensed health care professional means a 778 physician licensed under chapter 458, an osteopathic physician 779 licensed under chapter 459, a nurse licensed under part I of 780 chapter 464, a physician assistant licensed under chapter 458 or 781 chapter 459, or a dentist licensed under chapter 466. 782 (35)Mediation means a process whereby a neutral third 783 person called a mediator acts to encourage and facilitate the 784 resolution of a dispute between two or more parties. It is an 785 informal and nonadversarial process with the objective of 786 helping the disputing parties reach a mutually acceptable and 787 voluntary agreement. In mediation, decisionmaking authority 788 rests with the parties. The role of the mediator includes, but 789 is not limited to, assisting the parties in identifying issues, 790 fostering joint problem solving, and exploring settlement 791 alternatives. 792 (22)(36)Necessary medical treatment means care that is 793 necessary within a reasonable degree of medical certainty to 794 prevent the deterioration of a childs condition or to alleviate 795 immediate pain of a child. 796 (23)Needs assessment means the gathering of information 797 for the evaluation of a childs physical, psychological, 798 educational, vocational, and social condition and family 799 environment related to the childs need for services, including 800 substance abuse treatment services, mental health services, 801 developmental services, literacy services, medical services, 802 family services, individual and family counseling, education 803 services, and other specialized services, as appropriate. 804 (24)(37)Neglect has the same meaning as in s. 39.01(53). 805 occurs when the parent or legal custodian of a child or, in the 806 absence of a parent or legal custodian, the person primarily 807 responsible for the childs welfare deprives a child of, or 808 allows a child to be deprived of, necessary food, clothing, 809 shelter, or medical treatment or permits a child to live in an 810 environment when such deprivation or environment causes the 811 childs physical, mental, or emotional health to be 812 significantly impaired or to be in danger of being significantly 813 impaired. The foregoing circumstances shall not be considered 814 neglect if caused primarily by financial inability unless actual 815 services for relief have been offered to and rejected by such 816 person. A parent or guardian legitimately practicing religious 817 beliefs in accordance with a recognized church or religious 818 organization who thereby does not provide specific medical 819 treatment for a child shall not, for that reason alone, be 820 considered a negligent parent or guardian; however, such an 821 exception does not preclude a court from ordering the following 822 services to be provided, when the health of the child so 823 requires: 824 (a)Medical services from a licensed physician, dentist, 825 optometrist, podiatric physician, or other qualified health care 826 provider; or 827 (b)Treatment by a duly accredited practitioner who relies 828 solely on spiritual means for healing in accordance with the 829 tenets and practices of a well-recognized church or religious 830 organization. 831 (38)Next of kin means an adult relative of a child who 832 is the childs brother, sister, grandparent, aunt, uncle, or 833 first cousin. 834 (25)(39)Parent means a woman who gives birth to a child 835 and a man whose consent to the adoption of the child would be 836 required under s. 63.062(1). If a child has been legally 837 adopted, the term parent means the adoptive mother or father 838 of the child. The term does not include an individual whose 839 parental relationship to the child has been legally terminated, 840 or an alleged or prospective parent, unless the parental status 841 falls within the terms of either s. 39.503(1) or s. 63.062(1). 842 (26)(40)Participant, for purposes of a shelter 843 proceeding under this chapter, means any person who is not a 844 party but who should receive notice of hearings involving the 845 child, including foster parents, identified prospective parents, 846 grandparents entitled to priority for adoption consideration 847 under s. 63.0425, actual custodians of the child, and any other 848 person whose participation may be in the best interest of the 849 child. Participants may be granted leave by the court to be 850 heard without the necessity of filing a motion to intervene. 851 (27)(41)Party, for purposes of a shelter proceeding 852 under this chapter, means the parent, legal guardian, or actual 853 custodian of the child, the petitioner, the department, the 854 guardian ad litem when one has been appointed, and the child. 855 The presence of the child may be excused by order of the court 856 when presence would not be in the childs best interest or the 857 child has failed to appear for a proceeding after having been 858 noticed. Notice to the child may be excused by order of the 859 court when the age, capacity, or other condition of the child is 860 such that the notice would be meaningless or detrimental to the 861 child. 862 (28)Physically secure shelter means a department 863 approved locked facility or locked unit within a facility for 864 the care of a child adjudicated a child in need of services who 865 is court ordered to be held pursuant to s. 984.226. A physically 866 secure shelter unit shall provide 24-hour, continuous 867 supervision. A physically secure shelter must be licensed by the 868 Department of Children and Families as a licensed child-caring 869 agency. 870 (42)Preliminary screening means the gathering of 871 preliminary information to be used in determining a childs need 872 for further evaluation or assessment or for referral for other 873 substance abuse services through means such as psychosocial 874 interviews; urine and breathalyzer screenings; and reviews of 875 available educational, delinquency, and dependency records of 876 the child. 877 (29)(43)Preventive services means social services and 878 other supportive and evaluation and intervention rehabilitative 879 services provided to the child or the parent, of the child, the 880 legal guardian of the child, or the custodian of the child and 881 to the child for the purpose of averting the removal of the 882 child from the home or disruption of a family which will or 883 could result in an adjudication that orders the placement of a 884 child under dependency supervision into foster care or into the 885 delinquency system or that will or could result in the child 886 living on the street. Social services and other supportive and 887 rehabilitative services may include the provision of assessment 888 and screening services; individual, group, or family counseling; 889 specialized educational and vocational services; temporary 890 voluntary shelter for the child; outreach services for children 891 living on the street; independent living services to assist 892 adolescents in achieving a successful transition to adulthood; 893 and other specialized services. 894 (44)Protective supervision means a legal status in 895 child-in-need-of-services cases or family-in-need-of-services 896 cases which permits the child to remain in his or her own home 897 or other placement under the supervision of an agent of the 898 Department of Juvenile Justice or the Department of Children and 899 Families, subject to being returned to the court during the 900 period of supervision. 901 (30)(45)Relative means a grandparent, great-grandparent, 902 sibling, first cousin, aunt, uncle, great-aunt, great-uncle, 903 niece, or nephew, whether related by the whole or half blood, by 904 affinity, or by adoption. The term does not include a 905 stepparent. 906 (31)(46)Reunification services means social services and 907 other supportive and rehabilitative services provided to the 908 child and the parent of the child, the legal guardian of the 909 child, or the custodian of the child, whichever is applicable,; 910 the child; and, where appropriate, the foster parents of the 911 child for the purpose of assisting enabling a child who has been 912 placed in temporary shelter care to return to his or her family 913 at the most appropriate and effective earliest possible time 914 based on the presenting concerns at intake. Social services and 915 other supportive and rehabilitative services shall be consistent 916 with the childs need for a safe, continuous, and stable living 917 environment and shall promote the strengthening of family life 918 whenever possible. 919 (32)(47)Secure detention center or facility means a 920 physically restricting facility for the temporary care of 921 children, pending adjudication, disposition, or placement under 922 chapter 985. 923 (33)(48)Shelter means a department-approved shelter 924 facility for the temporary care of runaway children; for 925 children placed for voluntary shelter respite upon request of 926 the child or the childs parent, legal guardian, or custodian; 927 or for placement of a child who has been adjudicated a child in 928 need of services or who has been found in contempt of court 929 under s. 984.09. Shelters must provide 24-hour continual 930 supervision. A shelter must be licensed by the Department of 931 Children and Families as a licensed child-caring agency a place 932 for the temporary care of a child who is alleged to be or who 933 has been found to be dependent, a child from a family in need of 934 services, or a child in need of services, pending court 935 disposition before or after adjudication or after execution of a 936 court order. Shelter may include a facility which provides 24 937 hour continual supervision for the temporary care of a child who 938 is placed pursuant to s. 984.14. 939 (49)Shelter hearing means a hearing provided for under 940 s. 984.14 in family-in-need-of-services cases or child-in-need 941 of-services cases. 942 (50)Staff-secure shelter means a facility in which a 943 child is supervised 24 hours a day by staff members who are 944 awake while on duty. The facility is for the temporary care and 945 assessment of a child who has been found to be dependent, who 946 has violated a court order and been found in contempt of court, 947 or whom the Department of Children and Families is unable to 948 properly assess or place for assistance within the continuum of 949 services provided for dependent children. 950 (34)(51)Substance abuse means using, without medical 951 reason, any psychoactive or mood-altering drug, including 952 alcohol, in such a manner as to induce impairment resulting in 953 dysfunctional social behavior. 954 (35)(52)Taken into custody means the status of a child 955 immediately when temporary physical control over the child is 956 attained by a person authorized by law, pending the childs 957 release, shelter detention, placement, or other disposition as 958 authorized by law. 959 (36)(53)Temporary legal custody means the relationship 960 that a juvenile court creates between a child and an adult 961 relative of the child, adult nonrelative approved by the court, 962 or other person until a more permanent arrangement is ordered. 963 Temporary legal custody confers upon the custodian the right to 964 have temporary physical custody of the child and the right and 965 duty to protect, train, and discipline the child and to provide 966 the child with food, shelter, and education, and ordinary 967 medical, dental, psychiatric, and psychological care, unless 968 these rights and duties are otherwise enlarged or limited by the 969 court order establishing the temporary legal custody 970 relationship. 971 (37)(54)Truancy petition means a petition filed by the 972 superintendent of schools under s. 984.151 for the purpose of 973 early truancy intervention alleging that a student subject to 974 compulsory school attendance has had at least five unexcused 975 absences, or absences for which the reasons are unknown, within 976 a calendar month or 10 unexcused absences, or absences for which 977 the reasons are unknown, within a 90-calendar-day period, or has 978 had more than 15 unexcused absences in a 90-calendar-day period. 979 A truancy petition is filed and processed under s. 984.151. 980 (38)Truant status offender means a child subject to the 981 jurisdiction of the court under s. 984.151 who has been found by 982 the court to be truant while subject to compulsory education. 983 The courts jurisdiction is limited to entering orders to 984 require the child to attend school and participate in services 985 to encourage regular school attendance. A truant status offender 986 is not a delinquent child and may not be deemed to have 987 committed a criminal or delinquent act solely due to failure to 988 attend school. 989 (39)(55)Violation of law or delinquent act means a 990 violation of any law of this state, the United States, or any 991 other state which is a misdemeanor or a felony or a violation of 992 a county or municipal ordinance which would be punishable by 993 incarceration if the violation were committed by an adult. 994 (40)Voluntary family services means voluntary services 995 provided by the department or an agency designated by the 996 department to a family that has a child who is running away; who 997 is ungovernable by persistently disobeying reasonable and lawful 998 demands of the parent, legal guardian, or custodian and is 999 beyond the control of the parent, legal guardian, or custodian; 1000 or who is a habitual truant or engaging in other serious 1001 behaviors that place the child at risk of future abuse, neglect, 1002 abandonment, or entering the juvenile justice system. The child 1003 must be referred to the department or an agency designated by 1004 the department to provide voluntary services to families and 1005 children. 1006 Section 5.Section 984.04, Florida Statutes, is amended to 1007 read: 1008 984.04Early truancy intervention; families in need of 1009 services and children in need of services; procedures and 1010 jurisdiction. 1011 (1)It is the intent of the Legislature to address the 1012 problems of families in need of services by providing them with 1013 an array of services designed to preserve the unity and 1014 integrity of the family and to emphasize parental responsibility 1015 for the behavior of their children. Services to families in need 1016 of services and children in need of services shall be provided 1017 on a continuum of increasing intensity and participation by the 1018 parent and child. Judicial intervention to resolve the problems 1019 and conflicts that exist within a family shall be limited to 1020 situations in which a resolution to the problem or conflict has 1021 not been achieved through service, treatment, and family 1022 intervention after all available less restrictive resources have 1023 been exhausted. In creating this chapter, the Legislature 1024 recognizes the need to distinguish the problems of truants, 1025 runaways, and children beyond the control of their parents, and 1026 the services provided to these children, from the problems and 1027 services designed to meet the needs of abandoned, abused, 1028 neglected, and delinquent children. In achieving this 1029 recognition, it shall be the policy of the state to develop 1030 short-term, temporary services and programs utilizing the least 1031 restrictive method for families in need of services and children 1032 in need of services. 1033 (1)(2)The department of Juvenile Justice shall be 1034 responsible for all nonjudicial proceedings involving voluntary 1035 a family in need of services for a family identified as a family 1036 in need of services. 1037 (3)All nonjudicial procedures in family-in-need-of 1038 services cases shall be according to rules established by the 1039 department of Juvenile Justice under chapter 120. 1040 (2)(4)The circuit court shall have exclusive original 1041 jurisdiction of judicial proceedings involving early truancy 1042 intervention. When the jurisdiction of any child found to be 1043 truant under s. 984.151 is obtained, the court may retain 1044 jurisdiction for up to 180 days. The court must terminate 1045 supervision and relinquish jurisdiction if the child has 1046 substantially complied with the requirements of early truancy 1047 intervention, is no longer subject to compulsory education, or 1048 is adjudicated a child in need of services under s. 984.21 1049 continued placement of a child from a family in need of services 1050 in shelter. 1051 (3)(5)The circuit court shall have exclusive original 1052 jurisdiction of proceedings in which a child is alleged to be a 1053 child in need of services. When the jurisdiction of any child 1054 who has been found to be a child in need of services or the 1055 parent, custodian, or legal guardian of such a child is 1056 obtained, the court shall retain jurisdiction, unless 1057 relinquished by its order or unless the department withdraws its 1058 petition because the child no longer meets the definition of a 1059 child in need of services as defined in s. 984.03, until the 1060 child reaches 18 years of age. This subsection does shall not be 1061 construed to prevent the exercise of jurisdiction by any other 1062 court having jurisdiction of the child if the child commits a 1063 violation of law, is the subject of the dependency provisions 1064 under this chapter, or is the subject of a pending investigation 1065 into an allegation or suspicion of abuse, neglect, or 1066 abandonment. 1067 (4)Jurisdiction of the circuit court shall attach to the 1068 case and parties to proceedings filed under s. 984.15 or under 1069 s. 984.151 when the summons is served upon the child and a 1070 parent, legal guardian, or custodian, or when the parties 1071 personally appear before the court. 1072 (5)(6)All procedures, including petitions, pleadings, 1073 subpoenas, summonses, and hearings, in proceedings under this 1074 chapter family-in-need-of-services cases and child-in-need-of 1075 services cases shall be according to the Florida Rules of 1076 Juvenile Procedure unless otherwise provided by law. 1077 (7)The department may contract with a provider to provide 1078 services and programs for families in need of services and 1079 children in need of services. 1080 Section 6.Subsections (2) and (4) of section 984.06, 1081 Florida Statutes, are amended to read: 1082 984.06Oaths, records, and confidential information. 1083 (2)The court shall make and keep records of all cases 1084 brought before it pursuant to this chapter and shall preserve 1085 the records pertaining to a child in need of services until 10 1086 years after the last entry was made or until the child is 18 1087 years of age, whichever date is first reached, and may then 1088 destroy them. The court shall make official records, consisting 1089 of all petitions and orders filed in a case arising pursuant to 1090 this chapter and any other pleadings, certificates, proofs of 1091 publication, summonses, warrants, and other writs which are 1092 filed in the case. 1093 (4)Except as provided in subsection (3), all information 1094 obtained pursuant to this chapter in the discharge of official 1095 duty by any judge, employee of the court, authorized agent of 1096 the department, school employee, district superintendent, school 1097 board employee, or law enforcement agent is confidential and may 1098 not be disclosed to anyone other than the authorized personnel 1099 of the court, the department and its designees, school or school 1100 board personnel, law enforcement agencies, and others entitled 1101 under this chapter to receive that information, except upon 1102 order of the court. 1103 Section 7.Section 984.07, Florida Statutes, is amended to 1104 read: 1105 984.07Right to counsel; waiver; appointed counsel; 1106 compensation. 1107 (1)When a petition is filed alleging that a child is a 1108 child in need of services or if the child is subject to contempt 1109 proceedings under s. 984.09, the child must be represented by 1110 counsel at each court appearance. The court must appoint counsel 1111 unless the child is not indigent and has counsel present to 1112 represent the child or the record in that proceeding 1113 affirmatively demonstrates by clear and convincing evidence that 1114 the child knowingly and intelligently waived the right to 1115 counsel after being fully advised by the court of the nature of 1116 the proceedings and the dispositional alternatives available to 1117 the court. If the child waives counsel at any proceeding, the 1118 court shall advise the child with respect to the right to 1119 counsel at every subsequent hearing. 1120 (2)A child in proceedings under s. 984.151 may have 1121 counsel appointed by the court if the court determines it is in 1122 the best interest of the child. 1123 (3)If the court appoints counsel for a child, and if the 1124 child and his or her parents or legal guardians are indigent and 1125 unable to employ counsel, the court must appoint an attorney to 1126 represent the child under s. 27.511. Determination of indigence 1127 and costs of representation shall be as provided by s. 57.082. 1128 Legal counsel representing a child who exercises the right to 1129 counsel may provide advice and counsel to the child at any time 1130 after appointment. 1131 (4)If the parents or legal guardians of an indigent child 1132 are not indigent but refuse to employ counsel, the court shall 1133 appoint counsel pursuant to s. 27.511 to represent the child 1134 until counsel is provided. Costs of representation must be 1135 imposed as provided by s. 57.082. Thereafter, the court may not 1136 appoint counsel for an indigent child with nonindigent parents 1137 or legal guardian but shall order the parents or legal guardian 1138 to obtain private counsel. 1139 (a)A parent or legal guardian of an indigent child who has 1140 been ordered to obtain private counsel for the child and who 1141 willfully fails to follow the court order shall be punished by 1142 the court in civil contempt proceedings. 1143 (b)An indigent child may have counsel appointed pursuant 1144 to ss. 27.511 and 57.082 if the parents or legal guardian have 1145 willfully refused to obey the court order to obtain counsel for 1146 the child and have been punished by civil contempt. Costs of 1147 representation must be imposed as provided by s. 57.082. 1148 (5)If the court makes a finding that nonindigent parents 1149 have made a good faith effort to participate in services and 1150 remediate the childs behavior, but despite their good faith 1151 efforts, the childs truancy, ungovernable behavior, or runaway 1152 behavior has persisted, the court may appoint counsel to 1153 represent the child as provided in s. 27.511. 1154 (6)If counsel is entitled to receive compensation for 1155 representation pursuant to court appointment in a child in need 1156 of services proceeding, such compensation may not exceed $1,000 1157 at the trial level and $2,500 at the appellate level. 1158 (7)This section does not preclude the court from 1159 requesting reimbursement of attorney fees and costs from the 1160 nonindigent parent or legal guardian. 1161 (8)The court may appoint an attorney to represent a parent 1162 or legal guardian under this chapter only upon a finding that 1163 the parent or legal guardian is indigent pursuant to s. 57.082. 1164 If an attorney is appointed, the parent or legal guardian shall 1165 be enrolled in a payment plan pursuant to s. 28.246 If counsel 1166 is entitled to receive compensation for representation pursuant 1167 to court appointment in a child-in-need-of-services proceeding, 1168 such compensation shall not exceed $1,000 at the trial level and 1169 $2,500 at the appellate level. 1170 Section 8.Subsection (1) of section 984.071, Florida 1171 Statutes, is amended, and subsection (3) is added to that 1172 section, to read: 1173 984.071Resources and information. 1174 (1)The department of Juvenile Justice, in collaboration 1175 with the Department of Children and Families and the Department 1176 of Education, shall develop and publish an information guide 1177 packet that explains the current process under this chapter for 1178 obtaining assistance for a child in need of services or a family 1179 in need of services and the community services and resources 1180 available to parents of troubled or runaway children. The 1181 information guide shall be published in a written format for 1182 distribution and shall also be published on the departments 1183 website. In preparing the information packet, the Department of 1184 Juvenile Justice shall work with school district 1185 superintendents, juvenile court judges, county sheriffs, and 1186 other local law enforcement officials in order to ensure that 1187 the information packet lists services and resources that are 1188 currently available within the county in which the packet is 1189 distributed. Each information guide packet shall be reviewed 1190 annually and updated as appropriate. The school district shall 1191 distribute this information guide packet to parents of truant 1192 children, and to other parents upon request or as deemed 1193 appropriate by the school district. In addition, the department 1194 of Juvenile Justice shall distribute the information guide 1195 packet to state and local law enforcement agencies. Any law 1196 enforcement officer who has contact with the parent of a child 1197 who is locked out of the home, who is ungovernable, or who runs 1198 away from home shall make the information guide available to the 1199 parent. 1200 (3)The Department of Education and the Department of 1201 Children and Families must each post the departments 1202 information guide on their respective websites. 1203 Section 9.Sections 984.08 and 984.085, Florida Statutes, 1204 are repealed. 1205 Section 10.Section 984.0861, Florida Statutes, is created 1206 to read: 1207 984.0861Prohibited use of detention.A child under the 1208 jurisdiction of the court solely pursuant to this chapter may 1209 not be placed in: 1210 (1)Any form of detention care intended for the use of 1211 alleged juvenile delinquents as authorized under chapter 985 for 1212 any purpose. 1213 (2)A secure detention facility authorized for use under 1214 chapter 985 for any purpose. 1215 (3)Any jail or other similar facility used for the purpose 1216 of detention or confinement of adults for any purpose. 1217 Section 11.Section 984.09, Florida Statutes, is amended to 1218 read: 1219 984.09Punishment for contempt of court; alternative 1220 sanctions. 1221 (1)CONTEMPT OF COURT; LEGISLATIVE INTENT.The court may 1222 punish any child for contempt for interfering with the court or 1223 with court administration, or for violating any provision of 1224 this chapter or order of the court relative thereto. It is the 1225 intent of the Legislature that the court restrict and limit the 1226 use of contempt powers and prohibit the use of detention care 1227 and secure detention facilities as provided in s. 984.0861 with 1228 respect to commitment of a child to a secure facility. A child 1229 who commits direct contempt of court or indirect contempt of a 1230 valid court order may be taken into custody and ordered to serve 1231 an alternative sanction or placed in a shelter secure facility, 1232 as authorized in this section, by order of the court. 1233 (2)PLACEMENT IN A SHELTER SECURE FACILITY.A child 1234 adjudicated as a child in need of services may only be placed in 1235 a shelter secure facility for purposes of punishment for 1236 contempt of court if alternative sanctions are unavailable or 1237 inappropriate, or if the child has already been ordered to serve 1238 an alternative sanction but failed to comply with the sanction. 1239 (a)A delinquent child who has been held in direct or 1240 indirect contempt may be placed in a secure detention facility 1241 for 5 days for a first offense or 15 days for a second or 1242 subsequent offense, or in a secure residential commitment 1243 facility. 1244 (a)(b)A child in need of services who has been held in 1245 direct contempt or indirect contempt may be placed, for 5 days 1246 for a first offense or 15 days for a second or subsequent 1247 offense, in a staff-secure shelter operated by or contracted 1248 with the department to provide such services or a staff-secure 1249 residential facility solely for children in need of services if 1250 such placement is available, or, if such placement is not 1251 available, the child may be placed in an appropriate mental 1252 health facility or substance abuse facility for assessment. In 1253 addition to disposition under this paragraph, a child in need of 1254 services who is held in direct contempt or indirect contempt may 1255 be placed in a physically secure shelter setting as provided 1256 under s. 984.226 if conditions of eligibility are met. 1257 (b)A child subject to proceedings under s. 984.151 who has 1258 been held in direct contempt or indirect contempt may only be 1259 placed, for 5 days for a first offense or 15 days for a second 1260 or subsequent offense, in a shelter operated by or contracted 1261 with the department for such services if a shelter bed is 1262 available. Upon a second or subsequent finding of contempt under 1263 this section, the court must refer the child to the case 1264 staffing committee with a recommendation to file a child in need 1265 of services petition. 1266 (c)Any shelter placement ordered under this section must 1267 be given as a cumulative sanction. Separate sanctions for the 1268 same act or series of acts within the same episode may not be 1269 imposed. 1270 (3)ALTERNATIVE SANCTIONS.Each judicial circuit shall have 1271 an alternative sanctions coordinator who shall serve under the 1272 chief administrative judge of the juvenile division of the 1273 circuit court, and who shall coordinate and maintain a spectrum 1274 of contempt sanction alternatives in conjunction with the 1275 circuit plan implemented in accordance with s. 790.22(4)(c). 1276 Upon determining that a child has committed direct contempt of 1277 court or indirect contempt of a valid court order, the court may 1278 immediately request the circuit alternative sanctions 1279 coordinator to recommend the most appropriate available 1280 alternative sanction and shall order the child to perform up to 1281 50 hours of community-service manual labor or a similar 1282 alternative sanction, unless an alternative sanction is 1283 unavailable or inappropriate, or unless the child has failed to 1284 comply with a prior alternative sanction. Alternative contempt 1285 sanctions may be provided by local industry or by any nonprofit 1286 organization or any public or private business or service entity 1287 that has entered into a contract with the department of Juvenile 1288 Justice to act as an agent of the state to provide voluntary 1289 supervision of children on behalf of the state in exchange for 1290 the manual labor of children and limited immunity in accordance 1291 with s. 768.28(11). 1292 (4)CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE 1293 PROCESS. 1294 (a)If a child subject to proceedings under this chapter is 1295 charged with direct contempt of court, including traffic court, 1296 the court may impose an authorized sanction immediately. 1297 (b)If a child subject to proceedings under this chapter is 1298 charged with indirect contempt of court, the court must issue an 1299 order to show cause and schedule hold a hearing within 24 hours 1300 to determine whether the child committed indirect contempt of a 1301 valid court order. The child must be served with the order to 1302 show cause and notice of hearing. At the hearing, the following 1303 due process rights must be provided to the child: 1304 1.Right to a copy of the order to show cause alleging 1305 facts supporting the contempt charge. 1306 2.Right to an explanation of the nature and the 1307 consequences of the proceedings. 1308 3.Right to legal counsel and the right to have legal 1309 counsel appointed by the court if the juvenile is indigent, 1310 pursuant to s. 984.07 s. 985.033. 1311 4.Right to confront witnesses. 1312 5.Right to present witnesses. 1313 6.Right to have a transcript or record of the proceeding. 1314 7.Right to appeal to an appropriate court. 1315 1316 The childs parent, legal or guardian, or custodian may address 1317 the court regarding the due process rights of the child. If 1318 after the hearing, the court determines the child has committed 1319 indirect contempt of a valid court order, the court may impose 1320 an alternative sanction or may proceed under subsection (2). If 1321 the court orders shelter placement of a child found in contempt 1322 of court, the court shall review the matter placement of the 1323 child every 72 hours to determine whether it is appropriate for 1324 the child to remain in the facility. 1325 (c)The court may not order that a child be placed in a 1326 shelter secure facility for punishment for contempt unless the 1327 court determines that an alternative sanction is inappropriate 1328 or unavailable or that the child was initially ordered to an 1329 alternative sanction and did not comply with the alternative 1330 sanction. The court is encouraged to order a child to perform 1331 community service, up to the maximum number of hours, where 1332 appropriate before ordering that the child be placed in a 1333 shelter secure facility as punishment for contempt of court. 1334 (d)In addition to any other sanction imposed under this 1335 section, the court may direct the Department of Highway Safety 1336 and Motor Vehicles to withhold issuance of, or suspend, a 1337 childs driver license or driving privilege. The court may order 1338 that a childs driver license or driving privilege be withheld 1339 or suspended for up to 1 year for a first offense of contempt 1340 and up to 2 years for a second or subsequent offense. If the 1341 childs driver license or driving privilege is suspended or 1342 revoked for any reason at the time the sanction for contempt is 1343 imposed, the court shall extend the period of suspension or 1344 revocation by the additional period ordered under this 1345 paragraph. If the childs driver license is being withheld at 1346 the time the sanction for contempt is imposed, the period of 1347 suspension or revocation ordered under this paragraph shall 1348 begin on the date on which the child is otherwise eligible to 1349 drive. For a child in need of services whose driver license or 1350 driving privilege is suspended under this paragraph, the court 1351 may direct the Department of Highway Safety and Motor Vehicles 1352 to issue the child a license for driving privileges restricted 1353 to business or employment purposes only, as defined in s. 1354 322.271, or for the purpose of completing court-ordered 1355 community service, if the child is otherwise qualified for a 1356 license. However, the department may not issue a restricted 1357 license unless specifically ordered to do so by the court. 1358 (5)ALTERNATIVE SANCTIONS COORDINATOR.There is created the 1359 position of alternative sanctions coordinator within each 1360 judicial circuit, pursuant to subsection (3). Each alternative 1361 sanctions coordinator shall serve under the direction of the 1362 chief administrative judge of the juvenile division as directed 1363 by the chief judge of the circuit. The alternative sanctions 1364 coordinator shall act as the liaison between the judiciary, 1365 local department officials, district school board employees, and 1366 local law enforcement agencies. The alternative sanctions 1367 coordinator shall coordinate within the circuit community-based 1368 alternative sanctions, including nonsecure detention programs, 1369 community service projects, and other juvenile sanctions, in 1370 conjunction with the circuit plan implemented in accordance with 1371 s. 790.22(4)(c). 1372 Section 12.Section 984.10, Florida Statutes, is amended to 1373 read: 1374 984.10Intake. 1375 (1)Intake shall be performed by the department or the 1376 departments authorized agent. A report or complaint alleging 1377 that a child is from a family in need of services shall be made 1378 to the intake office operating in the county in which the child 1379 is found or in which the case arose. Any person or agency, 1380 including, but not limited to, the parent, or legal guardian, or 1381 custodian, the local school district, a law enforcement agency, 1382 or the Department of Children and Families, having knowledge of 1383 the facts may make a report or complaint. 1384 (2)A representative of the department shall make a 1385 preliminary determination as to whether the report or complaint 1386 is complete. The criteria for the completeness of a report or 1387 complaint with respect to a child alleged to be from a family in 1388 need of services while subject to compulsory school attendance 1389 shall be governed by s. 984.03 s. 984.03(27). In any case in 1390 which the representative of the department finds that the report 1391 or complaint is incomplete, the representative of the department 1392 shall return the report or complaint without delay to the person 1393 or agency originating the report or complaint or having 1394 knowledge of the facts or to the appropriate law enforcement 1395 agency having investigative jurisdiction and request additional 1396 information in order to complete the report or complaint. 1397 (3)If the representative of the department determines that 1398 in his or her judgment the interests of the family, the child, 1399 and the public will be best served by providing the family and 1400 child services and treatment voluntarily accepted by the child 1401 and the parents, or legal guardians, or custodians, the 1402 departments departmental representative may refer the family or 1403 child to an appropriate service and treatment provider. As part 1404 of the intake procedure, the departments departmental 1405 representative shall inform the parent, or legal custodian 1406 guardian, or custodian, in writing, of the services currently 1407 and treatment available to the child and family by department 1408 providers and other or community agencies in the county in which 1409 the family is located, and the rights and responsibilities of 1410 the parent, or legal guardian, or custodian under this chapter. 1411 Upon admission, and depending on services, a staff member may be 1412 assigned to the family as deemed appropriate. 1413 (4)If the department reasonably believes has reasonable 1414 grounds to believe that the child has been abandoned, abused, or 1415 neglected, it shall proceed pursuant to the provisions of 1416 chapter 39 and report immediately to the central abuse hotline. 1417 Section 13.Section 984.11, Florida Statutes, is amended to 1418 read: 1419 984.11Services to families in need of services. 1420 (1)The department or its authorized agent shall provide an 1421 array of voluntary family services aimed at remediating school 1422 truancy, homelessness, and runaway and ungovernable behavior by 1423 children. Services and treatment to families in need of services 1424 shall be by voluntary agreement of the parent, or legal 1425 guardian, or custodian and the child or as directed by a court 1426 order pursuant to s. 984.22. 1427 (2)A family is not eligible to receive voluntary family 1428 services if, at the time of the referral, the child is under 1429 court-ordered supervision by the department for delinquency 1430 under chapter 985 or court-ordered supervision by the Department 1431 of Children and Families under chapter 39. A child who has 1432 received a prearrest delinquency citation, or is receiving 1433 delinquency diversion services, may receive voluntary family 1434 services. 1435 (3)If there is a pending investigation into an allegation 1436 of abuse, neglect, or abandonment, the child may be eligible for 1437 voluntary family services if the Department of Children and 1438 Families agrees to the provision of services and makes a 1439 referral. An interagency agreement between the department and 1440 the Department of Children and Families shall govern this 1441 referral process, which is contingent on available funding. The 1442 department must notify the Department of Children and Families 1443 if a referral is declined. 1444 (4)(2)These services may include, but need not be limited 1445 to: 1446 (a)Homemaker or Parent aide services. 1447 (b)Intensive crisis counseling. 1448 (c)Parent training. 1449 (d)Individual, group, or family counseling. 1450 (e)Referral to community mental health services. 1451 (f)Prevention and diversion services. 1452 (g)Services provided by voluntary or community agencies. 1453 (h)Runaway center services. 1454 (i)Runaway shelter Housekeeper services. 1455 (j)Referral for special educational, tutorial, or remedial 1456 services. 1457 (k)Referral to vocational, career development job 1458 training, or employment services. 1459 (l)Recreational services. 1460 (m)Assessment. 1461 (n)Case management. 1462 (o)Referral for or provision of substance abuse assessment 1463 or treatment. 1464 (5)(3)The department shall advise the parents, or legal 1465 guardian, or custodian that they are responsible for 1466 contributing to the cost of the child or family services and 1467 treatment to the extent of their ability to pay. The parent is 1468 responsible for using health care insurance to the extent it is 1469 available for the provision of health services The department 1470 shall set and charge fees for services and treatment provided to 1471 clients. The department may employ a collection agency for the 1472 purpose of receiving, collecting, and managing the payment of 1473 unpaid and delinquent fees. The collection agency must be 1474 registered and in good standing under chapter 559. The 1475 department may pay to the collection agency a fee from the 1476 amount collected under the claim or may authorize the agency to 1477 deduct the fee from the amount collected. 1478 (4)The department may file a petition with the circuit 1479 court to enforce the collection of fees for services and 1480 treatment rendered to the child or the parent and other legal 1481 custodians. 1482 Section 14.Section 984.12, Florida Statutes, is amended to 1483 read: 1484 984.12Case staffing; services and treatment related to a 1485 family in need of services. 1486 (1)The appropriate representative of the department shall 1487 request a meeting of the family and child with a case staffing 1488 committee to review the case of any family or child who the 1489 department determines is in need of services or treatment if: 1490 (a)The family or child is not in agreement with the 1491 services or treatment offered; 1492 (b)The family or child will not participate in the 1493 services or treatment selected; or 1494 (c)The representative of the department needs assistance 1495 in developing an appropriate plan for services. The time and 1496 place selected for the meeting shall be convenient for the child 1497 and family. 1498 (2)The composition of the case staffing committee shall be 1499 based on the needs of the family and child. It shall include a 1500 representative from the childs school district and a 1501 representative of the department of Juvenile Justice, and may 1502 include the departments authorized agent and a supervisor of 1503 the departments contracted provider; a representative from the 1504 area of health, mental health, substance abuse, or social, or 1505 educational services; a representative of the state attorney; a 1506 representative of law enforcement the alternative sanctions 1507 coordinator; and any person recommended by the child, family, or 1508 department. The child and the childs parent, legal guardian, or 1509 custodian must be invited to attend the committee meeting. 1510 (3)The case staffing committee shall: 1511 (a)Identify the familys concerns and contributing 1512 factors. 1513 (b)Request the family and child to identify their needs 1514 and concerns. 1515 (c)Seek input from the school district and any other 1516 persons in attendance with knowledge of the family or childs 1517 situation and concerns. 1518 (d)Consider the voluntary family services or other 1519 community services that have been offered and the results of 1520 those services. 1521 (e)Identify whether truancy is a concern and evaluate 1522 compliance with the remedial strategies provided pursuant to s. 1523 1003.26. 1524 (f)Reach a timely decision to provide the child or family 1525 with needed services and recommend any appropriate and treatment 1526 through the development of a plan for services. 1527 (4)The plan for services shall contain the following: 1528 (a)Statement of the concerns problems. 1529 (b)Needs of the child. 1530 (c)Needs of the parents, legal guardian, or legal 1531 custodian. 1532 (d)Measurable objectives that address the identified 1533 problems and needs. 1534 (e)Services and treatment to be provided, to include: 1535 1.Type of services or treatment. 1536 2.Frequency of services or treatment. 1537 3.Location. 1538 4.Accountable service providers or staff. 1539 (f)Timeframes for achieving objectives. 1540 (5)Upon receipt of the plan, the child and family shall 1541 acknowledge their position by accepting or rejecting the 1542 services and provisions in writing. If the plan is accepted, it 1543 shall be implemented as soon as is practicable. 1544 (6)The assigned case manager shall have responsibility A 1545 case manager shall be designated by the case staffing committee 1546 to be responsible for implementing the plan. The departments 1547 authorized agent case manager shall periodically review the 1548 progress towards achieving the objectives of the plan in order 1549 to: 1550 (a)Advise the case staffing committee of the need to make 1551 adjustments to the plan; or 1552 (b)Recommend a child in need of services petition be filed 1553 by the department; or 1554 (c)(b)Terminate the case as indicated by successful or 1555 substantial achievement of the objectives of the plan. 1556 (7)The parent, legal guardian, or legal custodian may 1557 convene a meeting of the case staffing committee, and any other 1558 member of the committee may convene a meeting if the member 1559 finds that doing so is in the best interest of the family or 1560 child. A case staffing committee meeting requested by a parent, 1561 guardian, or legal custodian must be convened within 7 days, 1562 excluding weekends and legal holidays, after the date the 1563 departments representative receives the request in writing. 1564 (8)Any other member of the committee may convene a meeting 1565 if voluntary family services have been offered and the services 1566 have been rejected by the child or family, or the child has not 1567 made measurable progress toward achieving the service plan 1568 goals, and the member finds that doing so is in the best 1569 interest of the family or child. 1570 (9)A case staffing committee meeting must be convened 1571 within 30 days after the date the case is referred by the court 1572 pursuant to s. 984.151. 1573 (10)(8)Within 7 days after meeting, the case staffing 1574 committee shall provide the parent, legal guardian, or legal 1575 custodian with a written report that details the reasons for the 1576 committees decision to recommend, or decline to recommend, that 1577 the department file a petition alleging that the child is a 1578 child in need of services. 1579 (11)The case staffing committee may reconvene from time to 1580 time as may be necessary to make adjustments to the plan. 1581 Section 15.Section 984.13, Florida Statutes, is amended to 1582 read: 1583 984.13Taking a child into custody a child alleged to be 1584 from a family in need of services or to be a child in need of 1585 services. 1586 (1)A child may be taken into custody: 1587 (a)By a law enforcement officer when the officer 1588 reasonably believes has reasonable grounds to believe that the 1589 child has run away from his or her parents, legal guardian, or 1590 other legal custodian. 1591 (b)By a designated school representative pursuant to s. 1592 1003.26(3) or a law enforcement officer when the officer 1593 reasonably believes has reasonable grounds to believe that the 1594 child is absent from school without authorization or is 1595 suspended or expelled and is not in the presence of his or her 1596 parent, or legal guardian, or custodian, for the purpose of 1597 delivering the child without unreasonable delay to the 1598 appropriate school system site. For the purpose of this 1599 paragraph, school system site includes, but is not limited to, 1600 a center approved by the superintendent of schools for the 1601 purpose of counseling students and referring them back to the 1602 school system or an approved alternative to a suspension or 1603 expulsion program. If a student is suspended or expelled from 1604 school without assignment to an alternative school placement, 1605 the law enforcement officer or designated school representative 1606 pursuant to s. 1003.26(3) shall deliver the child to the parent, 1607 or legal guardian, or custodian, to a location determined by the 1608 parent, legal or guardian, or custodian, or to a designated 1609 truancy interdiction site until the parent or guardian can be 1610 located. 1611 (c)Pursuant to an order of the circuit court based upon 1612 sworn testimony before or after a child in need of services 1613 petition is filed under s. 984.15. 1614 (d)Pursuant to an order of the circuit court based upon a 1615 finding of contempt under this chapter for the purpose of 1616 delivering the child to a designated shelter facility. 1617 (e)(d)By a law enforcement officer when the child 1618 voluntarily agrees to or requests services pursuant to this 1619 chapter or placement in a shelter. 1620 (2)The person taking the child into custody shall: 1621 (a)Release the child to a parent, legal guardian, legal 1622 custodian, or responsible adult relative and make a full written 1623 report to the departments authorized agent for families in need 1624 of services within 3 days after release or to a department 1625 approved family-in-need-of-services and child-in-need-of 1626 services provider if the person taking the child into custody 1627 reasonably believes has reasonable grounds to believe the child 1628 has run away from a parent, legal guardian, or legal custodian; 1629 is truant; or is ungovernable and beyond the control of the 1630 parent, guardian, or legal custodian; following such release, 1631 the person taking the child into custody shall make a full 1632 written report to the intake office of the department within 3 1633 days; or 1634 (b)Deliver the child to a shelter when: the department, 1635 stating the facts by reason of which the child was taken into 1636 custody and sufficient information to establish probable cause 1637 that the child is from a family in need of services. 1638 1.The parent, legal guardian, or custodian is unavailable 1639 to take immediate custody of the child; 1640 2.The child requested voluntary family services and 1641 shelter placement; 1642 3.A court order under this chapter for shelter placement 1643 has been issued; or 1644 4.The child and the parent, legal guardian, or custodian 1645 voluntarily agree the child is in need of temporary shelter 1646 placement and such placement is necessary to provide a safe 1647 place for the child to remain until the parents and child can 1648 agree on conditions for the childs safe return home. 1649 (c)Deliver the child to a hospital for necessary 1650 evaluation and treatment if the child is reasonably believed to 1651 be suffering from a serious physical condition which requires 1652 either prompt diagnosis or treatment. 1653 (d)Deliver the child to a designated public receiving 1654 facility as defined in s. 394.455 for examination under s. 1655 394.463 if the child is reasonably believed to be mentally ill, 1656 including immediate threat of suicide as provided in s. 1657 394.463(1). 1658 (e)Deliver the child to a hospital, addictions receiving 1659 facility, or treatment resource if the child is reasonably 1660 believed to be intoxicated and has threatened, attempted, or 1661 inflicted physical harm on himself or herself or another, or is 1662 incapacitated by substance abuse. 1663 (3)If the child is taken into custody and by, or is 1664 delivered to a shelter, the department, the departments 1665 authorized agent appropriate representative of the department 1666 shall review the facts and make such further inquiry as 1667 necessary to determine whether the child shall remain in 1668 shelter, receive voluntary family services that would allow the 1669 child alleged to be from a family in need of services to remain 1670 at home, custody or be released. Unless shelter is required as 1671 provided in s. 984.14(1), the department shall: 1672 (a)Release the child to his or her parent, guardian, or 1673 legal custodian, to a responsible adult relative, to a 1674 responsible adult approved by the department, or to a 1675 department-approved family-in-need-of-services and child-in 1676 need-of-services provider; or 1677 (b)Authorize temporary services and treatment that would 1678 allow the child alleged to be from a family in need of services 1679 to remain at home. 1680 Section 16.Section 984.14, Florida Statutes, is amended to 1681 read: 1682 984.14Voluntary shelter services placement; hearing. 1683 (1)Temporary voluntary shelter services provided by the 1684 department shall provide a safe environment with 24-hour care 1685 and supervision, referrals for services as needed, and education 1686 at the center or offsite and counseling services for children. 1687 Unless ordered by the court pursuant to the provisions of this 1688 chapter, or upon voluntary consent to placement by the child and 1689 the childs parent, legal guardian, or custodian, a child taken 1690 into custody shall not be placed in a shelter prior to a court 1691 hearing unless a determination has been made that the provision 1692 of appropriate and available services will not eliminate the 1693 need for placement and that such placement is required: 1694 (a)To provide an opportunity for the child and family to 1695 agree upon conditions for the childs return home, when 1696 immediate placement in the home would result in a substantial 1697 likelihood that the child and family would not reach an 1698 agreement; or 1699 (b)Because a parent, custodian, or guardian is unavailable 1700 to take immediate custody of the child. 1701 (2)If a child is sheltered due to being a runaway, or a 1702 parent, legal guardian, or custodian is unavailable, the shelter 1703 shall immediately attempt to make contact with the parent, legal 1704 guardian, or custodian to advise the family of the childs 1705 whereabouts, determine whether the child can safely return home, 1706 or determine whether the family is seeking temporary voluntary 1707 shelter services until they can arrange to take the child home. 1708 If the parent, legal guardian, or custodian cannot be located 1709 within 24 hours, the Department of Children and Families shall 1710 be contacted If the department determines that placement in a 1711 shelter is necessary according to the provisions of subsection 1712 (1), the departmental representative shall authorize placement 1713 of the child in a shelter provided by the community specifically 1714 for runaways and troubled youth who are children in need of 1715 services or members of families in need of services and shall 1716 immediately notify the parents or legal custodians that the 1717 child was taken into custody. 1718 (3)A child who is involuntarily placed in a shelter shall 1719 be given a shelter hearing within 24 hours after being taken 1720 into custody to determine whether shelter placement is required. 1721 The shelter petition filed with the court shall address each 1722 condition required to be determined in subsection (1). 1723 (4)A child may not be held involuntarily in a shelter 1724 longer than 24 hours unless an order so directing is made by the 1725 court after a shelter hearing finding that placement in a 1726 shelter is necessary based on the criteria in subsection (1) and 1727 that the department has made reasonable efforts to prevent or 1728 eliminate the need for removal of the child from the home. 1729 (5)Except as provided under s. 984.225, a child in need of 1730 services or a child from a family in need of services may not be 1731 placed in a shelter for longer than 35 days. 1732 (6)When any child is placed in a shelter pursuant to court 1733 order following a shelter hearing, the court shall order the 1734 natural or adoptive parents of such child, the natural father of 1735 such child born out of wedlock who has acknowledged his 1736 paternity in writing before the court, or the guardian of such 1737 childs estate, if possessed of assets which under law may be 1738 disbursed for the care, support, and maintenance of the child, 1739 to pay, to the department, fees as established by the 1740 department. When the order affects the guardianship estate, a 1741 certified copy of the order shall be delivered to the judge 1742 having jurisdiction of the guardianship estate. 1743 (7)A child who is adjudicated a child in need of services 1744 or alleged to be from a family in need of services or a child in 1745 need of services may not be placed in a secure detention 1746 facility or jail or any other commitment program for delinquent 1747 children under any circumstances. 1748 (8)The court may order the placement of a child in need of 1749 services into a staff-secure facility for no longer than 5 days 1750 for the purpose of evaluation and assessment. 1751 Section 17.Section 984.15, Florida Statutes, is amended to 1752 read: 1753 984.15Petition for a child in need of services. 1754 (1)All proceedings seeking an adjudication that a child is 1755 a child in need of services shall be initiated by the filing of 1756 a petition by an attorney representing the department or by the 1757 childs parent, legal guardian, or legal custodian. If a child 1758 in need of services has been placed in a shelter pursuant to s. 1759 984.14, the department shall file the petition immediately, 1760 including in the petition notice of arraignment pursuant to s. 1761 984.20. 1762 (2)(a)The department shall file a petition for a child in 1763 need of services if the child meets the definition of a child in 1764 need of services, and the case manager or staffing committee 1765 recommends requests that a petition be filed and: 1766 1.The family and child have in good faith, but 1767 unsuccessfully, used the services and process described in ss. 1768 984.11 and 984.12; or 1769 2.The family or child have refused all services described 1770 in ss. 984.11 and 984.12 after reasonable efforts by the 1771 department to involve the family and child in voluntary family 1772 services and treatment. 1773 (b)Once the requirements in paragraph (a) have been met, 1774 the department shall file a petition for a child in need of 1775 services as soon as practicable within 45 days. 1776 (c)The petition shall be in writing, shall state the 1777 specific grounds under s. 984.03(9) by which the child is 1778 designated a child in need of services, and shall certify that 1779 the conditions prescribed in paragraph (a) have been met. The 1780 petition shall be signed by the petitioner under oath stating 1781 good faith in filing the petition and shall be signed by an 1782 attorney for the department. 1783 (3)(a)The parent, legal guardian, or legal custodian may 1784 file a petition alleging that a child is a child in need of 1785 services if: 1786 1.The department waives the requirement for a case 1787 staffing committee. 1788 2.The department fails to convene a meeting of the case 1789 staffing committee within 7 days, excluding weekends and legal 1790 holidays, after receiving a written request for such a meeting 1791 from the childs parent, legal guardian, or legal custodian. 1792 3.The parent, legal guardian, or legal custodian does not 1793 agree with the plan for services offered by the case staffing 1794 committee. 1795 4.The department fails to provide a written report within 1796 7 days after the case staffing committee meets, as required 1797 under s. 984.12(10) s. 984.12(8). 1798 (b)The parent, legal guardian, or legal custodian must 1799 give the department prior written notice of intent to file the 1800 petition. If, at the arraignment hearing, the court finds that 1801 such written notice of intent to file the petition was not 1802 provided to the department, the court shall dismiss the 1803 petition, postpone the hearing until such written notice is 1804 given, or, if the department agrees, proceed with the 1805 arraignment hearing. The petition must be served on the 1806 departments office of general counsel. 1807 (c)The petition must be in writing and must set forth 1808 specific facts alleging that the child is a child in need of 1809 services as defined in s. 984.03(9). The petition must also 1810 demonstrate that the parent, legal guardian, or legal custodian 1811 has in good faith, but unsuccessfully, participated in the 1812 services and processes described in ss. 984.11 and 984.12. 1813 (4)(d)The petition must be signed by the petitioner under 1814 oath. 1815 (5)(e)The court, on its own motion or the motion of any 1816 party or the department, shall determine the legal sufficiency 1817 of a petition filed under this subsection and may dismiss any 1818 petition that lacks sufficient grounds. In addition, the court 1819 shall verify that the child is not: 1820 (a)1.The subject of a pending investigation into an 1821 allegation or suspicion of abuse, neglect, or abandonment; 1822 (b)2.The subject of a pending petition referral alleging 1823 that the child is delinquent; or 1824 (c)3.Under the current supervision of the department or 1825 the Department of Children and Families for an adjudication or 1826 withholding of adjudication of delinquency or dependency. 1827 (6)(4)The form of the petition and any additional contents 1828 shall be determined by rules of procedure adopted by the Supreme 1829 Court. 1830 (7)(5)The petitioner department or the parent, guardian, 1831 or legal custodian may withdraw a petition at any time before 1832 prior to the child is being adjudicated a child in need of 1833 services. 1834 Section 18.Section 984.151, Florida Statutes, is amended 1835 to read: 1836 984.151Early truancy intervention; truancy petition; 1837 judgment prosecution; disposition. 1838 (1)If the school determines that a student subject to 1839 compulsory school attendance has had at least five unexcused 1840 absences, or absences for which the reasons are unknown, within 1841 a calendar month or 10 unexcused absences, or absences for which 1842 the reasons are unknown, within a 90-calendar-day period 1843 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused 1844 absences in a 90-calendar-day period, the superintendent of 1845 schools or his or her designee may file a truancy petition 1846 seeking early truancy intervention. 1847 (2)The petition shall be filed in the circuit in which the 1848 student is enrolled in school. 1849 (3)Original jurisdiction to hear a truancy petition shall 1850 be in the circuit court; however, the circuit court may use a 1851 general or special magistrate master pursuant to Supreme Court 1852 rules. Upon the filing of the petition, the clerk shall issue a 1853 summons to the parent, legal guardian, or legal custodian of the 1854 student, directing that person and the student to appear for a 1855 hearing at a time and place specified. 1856 (4)The petition must contain the following: the name, age, 1857 and address of the student; the name and address of the 1858 students parent or guardian; the school where the student is 1859 enrolled; the efforts the school has made to get the student to 1860 attend school in compliance with s. 1003.26; the number of out 1861 of-school contacts between the school system and students 1862 parent or guardian; and the number of days and dates of days the 1863 student has missed school. The petition shall be sworn to by the 1864 superintendent or his or her designee. 1865 (5)Once the petition is filed, the court shall hear the 1866 petition within 30 days. 1867 (6)The student and the students parent or guardian shall 1868 attend the hearing. 1869 (7)If the court determines that the student did miss any 1870 of the alleged days, the court shall enter an order finding the 1871 child to be a truant status offender and the court shall order 1872 the student to attend school and order the parent, legal 1873 guardian, or custodian to ensure that the student attends 1874 school. The courts power under this subsection is limited to 1875 entering orders to require the student to attend school and 1876 require the student and family to participate in services to 1877 encourage regular school attendance. The court, and may order 1878 any of the following services: 1879 (a)The student to participate in alternative sanctions to 1880 include mandatory attendance at alternative classes; to be 1881 followed by mandatory community services hours for a period up 1882 to 6 months; the student and 1883 (b)The students parent, legal or guardian, or custodian 1884 to participate in parenting classes homemaker or parent aide 1885 services; 1886 (c)The student or the students parent, legal or guardian 1887 or custodian to participate in individual, group, or family 1888 intensive crisis counseling; 1889 (d)The student or the students parent, legal or guardian, 1890 or custodian to participate in community mental health services 1891 or substance abuse treatment services if available and 1892 applicable; 1893 (e)The student and the students parent, legal or 1894 guardian, or custodian to participate in services service 1895 provided by state or community voluntary or community agencies, 1896 if appropriate as available, including services for families in 1897 need of services as provided in s. 984.11; 1898 (f)The student and the students parent, legal guardian, 1899 or custodian to attend meetings with school officials to address 1900 the childs educational needs, classroom assignment, class 1901 schedule, and other barriers to school attendance identified by 1902 the childs school, the child, or his or her family; 1903 (g)The student and the students parent, legal guardian, 1904 or custodian to engage in learning activities provided by the 1905 school board as to why education is important and the potential 1906 impact on the childs future employment and education options if 1907 the attendance problem persists; or 1908 (h)and The student or the students parent, legal or 1909 guardian, or custodian to participate in vocational or, job 1910 training, or employment services. 1911 (8)If the student does not substantially comply with 1912 compulsory school attendance and court-ordered services required 1913 under successfully complete the sanctions ordered in subsection 1914 (7), and the child meets the definition of a child in need of 1915 services, the case shall be referred by the court to the 1916 departments authorized agent for review by the case staffing 1917 committee under s. 984.12 with a recommendation to file a 1918 petition for child in need of services child-in-need-of-services 1919 petition under s. 984.15. The court shall review the case not 1920 less than every 45 days to determine whether the child is in 1921 substantial compliance with compulsory education or if the case 1922 should be referred to the case staffing committee in accord with 1923 this subsection. 1924 (9)If the student substantially complies with compulsory 1925 school attendance, the court shall close the truancy case. 1926 (10)If the child is adjudicated a child in need of 1927 services pursuant to s. 984.21, the truancy case shall be closed 1928 and jurisdiction relinquished in accordance with s. 984.04. 1929 (11)The court may retain jurisdiction of any case in which 1930 the child is noncompliant with compulsory education and the 1931 child does not meet the definition of a child in need of 1932 services under this chapter until jurisdiction lapses pursuant 1933 to s. 984.04. 1934 (12)The court may not order a child placed in shelter 1935 pursuant to this section unless the court has found the child to 1936 be in contempt for violation of a court order under s. 984.09. 1937 (13)(9)The parent, legal guardian, or legal custodian and 1938 the student shall participate, as required by court order, in 1939 any sanctions or services required by the court under this 1940 section, and the court shall enforce such participation through 1941 its contempt power. 1942 (14)Any truant student that meets the definition of a 1943 child in need of services and who has been found in contempt for 1944 violation of a court order under s. 984.09 two or more times 1945 shall be referred to the case staffing committee under s. 984.12 1946 with a recommendation to file a petition for a child in need of 1947 services. 1948 (15)The clerk of court must serve any court order 1949 referring the case to voluntary family services or the case 1950 staffing committee to the departments office of general counsel 1951 and to the departments authorized agent. 1952 Section 19.Subsections (3) and (5) of section 984.16, 1953 Florida Statutes, are amended, and subsection (11) is added to 1954 that section, to read: 1955 984.16Process and service for child in need of services 1956 petitions. 1957 (3)The summons shall require the person on whom it is 1958 served to appear for a hearing at a time, and place, and manner 1959 specified. Except in cases of medical emergency, the time shall 1960 not be less than 24 hours after service of the summons. The 1961 summons must may require the custodian to bring the child to 1962 court if the court determines that the childs presence is 1963 necessary. A copy of the petition shall be attached to the 1964 summons. 1965 (5)The jurisdiction of the court shall attach to the child 1966 and the parent, legal guardian, or custodian, or legal guardian 1967 of the child and the case when the summons is served upon the 1968 child or a parent, or legal guardian, or actual custodian of the 1969 child; or when the child is taken into custody with or without 1970 service of summons and after filing of a petition for a child in 1971 need of services; or when a party personally appears before the 1972 court, whichever occurs first, and thereafter the court may 1973 control the child and case in accordance with this chapter. 1974 (11)If a court takes action that directly involves a 1975 students school, including, but not limited to, an order that a 1976 student attend school, attend school with his or her parent, 1977 requiring the parent to participate in meetings, including 1978 parent-teacher conferences, Section 504 plan meetings or 1979 individualized education plan meetings to address the students 1980 disability, the office of the clerk of the court shall provide 1981 notice to the school of the courts order. 1982 Section 20.Section 984.17, Florida Statutes, is amended to 1983 read: 1984 984.17Response to petition and representation of parties. 1985 (1)At the time a child in need of services petition is 1986 filed, the court may appoint a guardian ad litem for the child. 1987 (2)No answer to the petition or any other pleading need be 1988 filed by any child, parent, or legal guardian, or custodian, but 1989 any matters which might be set forth in an answer or other 1990 pleading may be pleaded orally before the court or filed in 1991 writing as any such person may choose. Notwithstanding the 1992 filing of an answer or any pleading, the child and or parent, 1993 legal guardian, or custodian shall, before prior to an 1994 adjudicatory hearing, be advised by the court of the right to 1995 counsel. 1996 (3)When a petition for a child in need of services has 1997 been filed and the parents, legal guardian, or legal custodian 1998 of the child and the child have advised the department that the 1999 truth of the allegations is acknowledged and that no contest is 2000 to be made of the adjudication, the attorney representing the 2001 department may set the case before the court for a disposition 2002 hearing. If there is a change in the plea at this hearing, the 2003 court shall continue the hearing to permit the attorney 2004 representing the department to prepare and present the case. 2005 (4)An attorney representing the department shall represent 2006 the state in any proceeding in which the petition alleges that a 2007 child is a child in need of services and in which a party denies 2008 the allegations of the petition and contests the adjudication. 2009 Section 21.Section 984.18, Florida Statutes, is repealed. 2010 Section 22.Section 984.19, Florida Statutes, is amended to 2011 read: 2012 984.19Medical screening and treatment of child; 2013 examination of parent, legal guardian, or person requesting 2014 custody. 2015 (1)When any child is to be placed in shelter care, the 2016 department or its authorized agent may is authorized to have a 2017 medical screening provided for performed on the child without 2018 authorization from the court and without consent from a parent, 2019 legal or guardian, or custodian. Such medical screening shall be 2020 provided performed by a licensed health care professional and 2021 shall be to screen examine the child for injury, illness, and 2022 communicable diseases. In no case does this subsection authorize 2023 the department to consent to medical treatment for such 2024 children. 2025 (2)When the department has performed the medical screening 2026 authorized by subsection (1) or when it is otherwise determined 2027 by a licensed health care professional that a child is in need 2028 of medical treatment, consent for medical treatment shall be 2029 obtained in the following manner: 2030 (a)1.Consent to medical treatment shall be obtained from a 2031 parent, legal or guardian, or custodian of the child; or 2032 2.A court order for such treatment shall be obtained. 2033 (b)If a parent, legal or guardian, or custodian of the 2034 child is unavailable and his or her whereabouts cannot be 2035 reasonably ascertained, and it is after normal working hours so 2036 that a court order cannot reasonably be obtained, an authorized 2037 agent of the department or its provider has the authority to 2038 consent to necessary medical treatment for the child. The 2039 authority of the department to consent to medical treatment in 2040 this circumstance is limited to the time reasonably necessary to 2041 obtain court authorization. 2042 (c)If a parent, legal or guardian, or custodian of the 2043 child is available but refuses to consent to the necessary 2044 treatment, a court order is required, unless the situation meets 2045 the definition of an emergency in s. 743.064 or the treatment 2046 needed is related to suspected abuse or neglect of the child by 2047 the parent or guardian. In such case, the departments 2048 authorized agent may department has the authority to consent to 2049 necessary medical treatment. This authority is limited to the 2050 time reasonably necessary to obtain court authorization. 2051 2052 In no case may the department consent to sterilization, 2053 abortion, or termination of life support. 2054 (3)A judge may order that a child alleged to be or 2055 adjudicated a child in need of services be examined by a 2056 licensed health care professional. The judge may also order such 2057 child to be evaluated by a psychiatrist or a psychologist, by a 2058 district school board educational needs assessment team, or, if 2059 a developmental disability is suspected or alleged, by the 2060 developmental disability diagnostic and evaluation team of the 2061 Department of Children and Families or Agency for Persons with 2062 Disabilities. The judge may order a family assessment if that 2063 assessment was not completed at an earlier time. If it is 2064 necessary to place a child in a residential facility for such 2065 evaluation, then the criteria and procedure established in s. 2066 394.463(2) or chapter 393 shall be used, whichever is 2067 applicable. The educational needs assessment provided by the 2068 district school board educational needs assessment team shall 2069 include, but not be limited to, reports of intelligence and 2070 achievement tests, screening for learning disabilities and other 2071 handicaps, and screening for the need for alternative education 2072 pursuant to s. 1003.53. 2073 (4)A judge may order that a child alleged to be or 2074 adjudicated a child in need of services be treated by a licensed 2075 health care professional. The judge may also order such child to 2076 receive mental health or intellectual disability services from a 2077 psychiatrist, psychologist, or other appropriate service 2078 provider. If it is necessary to place the child in a residential 2079 facility for such services, the procedures and criteria 2080 established in s. 394.467 or chapter 393 shall be used, as 2081 applicable. A child may be provided services in emergency 2082 situations pursuant to the procedures and criteria contained in 2083 s. 394.463(1) or chapter 393, as applicable. 2084 (5)When there are indications of physical injury or 2085 illness, a licensed health care professional shall be 2086 immediately contacted called or the child shall be taken to the 2087 nearest available hospital for emergency care. 2088 (6)Except as otherwise provided herein, nothing in this 2089 section does not shall be deemed to eliminate the right of a 2090 parent, legal a guardian, or custodian, or the child, to consent 2091 to examination or treatment for the child. 2092 (7)Except as otherwise provided herein, nothing in this 2093 section does not shall be deemed to alter the provisions of s. 2094 743.064. 2095 (8)A court may order shall not be precluded from ordering 2096 services or treatment to be provided to the child by a duly 2097 accredited practitioner who relies solely on spiritual means for 2098 healing in accordance with the tenets and practices of a church 2099 or religious organization, when required by the childs health 2100 and when requested by the child. 2101 (9)Nothing in This section does not shall be construed to 2102 authorize the permanent sterilization of the child, unless such 2103 sterilization is the result of or incidental to medically 2104 necessary treatment to protect or preserve the life of the 2105 child. 2106 (10)For the purpose of obtaining an evaluation or 2107 examination or receiving treatment as authorized pursuant to 2108 this section, no child alleged to be or found to be a child from 2109 a family in need of services or a child in need of services 2110 shall be placed in a detention facility or other program used 2111 primarily for the care and custody of children alleged or found 2112 to have committed delinquent acts. 2113 (11)The parents, legal guardian, or custodian guardian of 2114 a child alleged to be or adjudicated a child in need of services 2115 remain financially responsible for the cost of medical treatment 2116 provided to the child even if one or both of the parents or if 2117 the legal guardian or custodian did not consent to the medical 2118 treatment. After a hearing, the court may order the parents, 2119 legal or guardian, or custodian, if found able to do so, to 2120 reimburse the department or other provider of medical services 2121 for treatment provided. 2122 (12)A judge may order a child under its jurisdiction to 2123 submit to substance abuse evaluation, testing, and treatment in 2124 accordance with s. 397.706 Nothing in this section alters the 2125 authority of the department to consent to medical treatment for 2126 a child who has been committed to the department pursuant to s. 2127 984.22(3) and of whom the department has become the legal 2128 custodian. 2129 (13)At any time after the filing of a petition for a child 2130 in need of services, when the mental or physical condition, 2131 including the blood group, of a parent, guardian, or other 2132 person requesting custody of a child is in controversy, the 2133 court may order the person to submit to a physical or mental 2134 examination by a qualified professional. The order may be made 2135 only upon good cause shown and pursuant to notice and procedures 2136 as set forth by the Florida Rules of Juvenile Procedure. 2137 Section 23.Section 984.20, Florida Statutes, is amended to 2138 read: 2139 984.20Hearings for child in need of services child-in 2140 need-of-services cases. 2141 (1)ARRAIGNMENT HEARING. 2142 (a)The clerk shall set a date for an arraignment hearing 2143 within a reasonable time after the date of the filing of the 2144 child in need of services petition. The court shall advise the 2145 child and the parent, legal guardian, or custodian of the right 2146 to counsel as provided in s. 984.07. When a child has been taken 2147 into custody by order of the court, an arraignment hearing shall 2148 be held within 7 days after the date the child is taken into 2149 custody. The hearing shall be held for the child and the parent, 2150 legal guardian, or custodian to admit, deny, or consent to 2151 findings that a child is in need of services as alleged in the 2152 petition. If the child and the parent, legal guardian, or 2153 custodian admit or consent to the findings in the petition, the 2154 court shall adjudicate the child a child in need of services and 2155 proceed as set forth in the Florida Rules of Juvenile Procedure. 2156 However, if either the child or the parent, legal guardian, or 2157 custodian denies any of the allegations of the petition, the 2158 court shall hold an adjudicatory hearing within a reasonable 2159 time after the date of the arraignment hearing 7 days after the 2160 date of the arraignment hearing. 2161 (b)The court may grant a continuance of the arraignment 2162 hearing When a child is in the custody of the parent, guardian, 2163 or custodian, upon the filing of a petition, the clerk shall set 2164 a date for an arraignment hearing within a reasonable time from 2165 the date of the filing of the petition. if the child or and the 2166 parent, legal guardian, or custodian request a continuance to 2167 obtain an attorney. The case shall be rescheduled for an 2168 arraignment hearing within a reasonable period of time to allow 2169 for consultation admit or consent to an adjudication, the court 2170 shall proceed as set forth in the Florida Rules of Juvenile 2171 Procedure. However, if either the child or the parent, guardian, 2172 or custodian denies any of the allegations of child in need of 2173 services, the court shall hold an adjudicatory hearing within a 2174 reasonable time from the date of the arraignment hearing. 2175 (c)If at the arraignment hearing the child and the parent, 2176 legal guardian, or custodian consents or admits to the 2177 allegations in the petition and the court determines that the 2178 petition meets the requirements of s. 984.15(5) s. 984.15(3)(e), 2179 the court shall proceed to hold a disposition hearing at the 2180 earliest practicable time that will allow for the completion of 2181 a predisposition study. 2182 (d)Failure of a person served with notice to appear at the 2183 arraignment hearing constitutes the persons consent to the 2184 adjudication of the child as a child in need of services. The 2185 document containing the notice to respond or appear must 2186 contain, in type as large as the balance of the document, the 2187 following or substantially similar language: 2188 2189 FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING 2190 CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD 2191 AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE 2192 COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE 2193 CHILD INTO SHELTER. 2194 2195 If a person appears for the arraignment hearing and the court 2196 orders that person to appear, either physically or through 2197 audio-video communication technology, at the adjudicatory 2198 hearing for the child in need of services case, stating the 2199 date, time, place, and, if applicable, the instructions for 2200 appearance through audio-video communication technology, of the 2201 adjudicatory hearing, that persons failure to appear for the 2202 scheduled adjudicatory hearing constitutes consent to 2203 adjudication of the child as a child in need of services. 2204 (2)ADJUDICATORY HEARING. 2205 (a)The adjudicatory hearing shall be held as soon as 2206 practicable after the petition for a child in need of services 2207 is filed and in accordance with the Florida Rules of Juvenile 2208 Procedure, but reasonable delay for the purpose of 2209 investigation, discovery, or procuring counsel or witnesses 2210 shall, whenever practicable, be granted. If the child is in 2211 custody, the adjudicatory hearing shall be held within 14 days 2212 after the date the child was taken into custody. 2213 (b)Adjudicatory hearings shall be conducted by the judge 2214 without a jury, applying the rules of evidence in use in civil 2215 cases and adjourning the hearings from time to time as 2216 necessary. In an adjudicatory a hearing on a petition in which 2217 it is alleged that the child is a child in need of services, a 2218 preponderance of evidence shall be required to establish that 2219 the child is in need of services. If the court finds the 2220 allegations are proven by a preponderance of evidence and the 2221 child is a child in need of services, the court shall enter an 2222 order of adjudication. 2223 (c)All hearings, except as hereinafter provided, shall be 2224 open to the public, and no person shall be excluded therefrom 2225 except on special order of the judge who, in his or her 2226 discretion, may close any hearing to the public when the public 2227 interest or the welfare of the child, in his or her opinion, is 2228 best served by so doing. Hearings involving more than one child 2229 may be held simultaneously when the several children involved 2230 are related to each other or were involved in the same case. The 2231 child and the parent, legal guardian, or custodian of the child 2232 may be examined separately and apart from each other. 2233 (3)DISPOSITION HEARING. 2234 (a)At the disposition hearing, if the court finds that the 2235 facts alleged in the petition of a child in need of services 2236 were proven in the adjudicatory hearing, the court shall receive 2237 and consider a predisposition study, which shall be in writing 2238 and be presented by an authorized agent of the department or its 2239 provider. 2240 (a)The predisposition study shall cover: 2241 1.All treatment and services that the parent, legal 2242 guardian, or custodian and child received. 2243 2.The love, affection, and other emotional ties existing 2244 between the family parents and the child. 2245 3.The capacity and disposition of the parents, legal 2246 guardian, or custodian to provide the child with food, clothing, 2247 medical care or other remedial care recognized and permitted 2248 under the laws of this state in lieu of medical care, and other 2249 material needs. 2250 4.The length of time that the child has lived in a stable, 2251 satisfactory environment and the desirability of maintaining 2252 continuity. 2253 5.The permanence, as a family unit, of the existing or 2254 proposed custodial home. 2255 6.The moral fitness of the parents, legal guardian, or 2256 custodian. 2257 7.The mental and physical health of the family. 2258 8.The home, school, and community record of the child. 2259 9.The reasonable preference of the child, if the court 2260 deems the child to be of sufficient intelligence, understanding, 2261 and experience to express a preference. 2262 10.Any other factor considered by the court to be 2263 relevant. 2264 (b)The predisposition study also shall provide the court 2265 with documentation regarding: 2266 1.The availability of appropriate prevention, services, 2267 and treatment for the parent, legal guardian, custodian, and 2268 child to prevent the removal of the child from the home or to 2269 reunify the child with the parent, legal guardian, or custodian 2270 after removal or to reconcile the problems between the family 2271 parent, guardian, or custodian and the child.; 2272 2.The inappropriateness of other prevention, treatment, 2273 and services that were available.; 2274 3.The efforts by the department to prevent shelter out-of 2275 home placement of the child or, when applicable, to reunify the 2276 parent, legal guardian, or custodian if appropriate services 2277 were available.; 2278 4.Whether voluntary family the services were provided.; 2279 5.If the voluntary family services and treatment were 2280 provided, whether they were sufficient to meet the needs of the 2281 child and the family and to enable the child to remain at home 2282 or to be returned home.; 2283 6.If the voluntary family services and treatment were not 2284 provided, the reasons for such lack of provision.; and 2285 7.The need for, or appropriateness of, continuing such 2286 treatment and services if the child remains in the custody of 2287 the parent, legal guardian, or custodian or if the child is 2288 placed outside the home. 2289 (c)If placement of the child with anyone other than the 2290 childs parent, guardian, or custodian is being considered, the 2291 study shall include the designation of a specific length of time 2292 as to when custody by the parent, guardian, or custodian shall 2293 be reconsidered. 2294 (d)A copy of this predisposition study shall be furnished 2295 to the person having custody of the child at the time such 2296 person is notified of the disposition hearing. 2297 (e)After review of the predisposition study and other 2298 relevant materials, the court shall hear from the parties and 2299 consider all recommendations for court-ordered services, 2300 evaluations, treatment, and required actions designed to remedy 2301 the childs truancy, ungovernable behavior, or running away. The 2302 court shall enter an order of disposition. 2303 2304 Any other relevant and material evidence, including other 2305 written or oral reports, may be received by the court in its 2306 effort to determine the action to be taken with regard to the 2307 child and may be relied upon to the extent of its probative 2308 value, even though not competent in an adjudicatory hearing. 2309 Except as provided in paragraph (2)(c), nothing in this section 2310 does not shall prohibit the publication of proceedings in a 2311 hearing. 2312 (4)REVIEW HEARINGS. 2313 (a)The court shall hold a review hearing within 45 days 2314 after the disposition hearing. Additional review hearings may be 2315 held as necessary, allowing sufficient time for the child and 2316 family to work toward compliance with the court orders and 2317 monitoring by the case manager. No longer than 90 days may 2318 elapse between judicial review hearings but no less than 45 days 2319 after the date of the last review hearing. 2320 (b)The parent, legal guardian, or custodian and the child 2321 shall be noticed to appear for the review hearing. The 2322 department must appear at the review hearing. If the parent, 2323 legal guardian, or custodian does not appear at a review 2324 hearing, or if the court finds good cause to waive the childs 2325 presence, the court may proceed with the hearing and enter 2326 orders that affect the child and family accordingly. 2327 (c)(b)At the review hearings, the court shall consider the 2328 departments judicial review summary. The court shall close the 2329 case if the child has substantially complied with the case plans 2330 and court orders and no longer requires continued court 2331 supervision, subject to the case being reopened. Upon request of 2332 the petitioner, the court may close the case and relinquish 2333 jurisdiction. If the child has significantly failed to comply 2334 with the case plan or court orders, the child shall continue to 2335 be a child in need of services and reviewed by the court as 2336 needed. At review hearings, the court may enter further orders 2337 to adjust the services case plan to address the family needs and 2338 compliance with court orders, including, but not limited to, 2339 ordering the child placed in shelter, but no less than 45 days 2340 after the date of the last review hearing. 2341 Section 24.Section 984.21, Florida Statutes, is amended to 2342 read: 2343 984.21Orders of adjudication. 2344 (2)(1)If the court finds that the child named in a 2345 petition is not a child in need of services, it shall enter an 2346 order so finding and dismiss dismissing the case. 2347 (2)If the court finds that the child named in the petition 2348 is a child in need of services, but finds that no action other 2349 than supervision in the home is required, it may enter an order 2350 briefly stating the facts upon which its finding is based, but 2351 withholding an order of adjudication and placing the child and 2352 family under the supervision of the department. If the court 2353 later finds that the parent, guardian, or custodian of the child 2354 have not complied with the conditions of supervision imposed, 2355 the court may, after a hearing to establish the noncompliance, 2356 but without further evidence of the state of the child in need 2357 of services, enter an order of adjudication and shall thereafter 2358 have full authority under this chapter to provide for the child 2359 as adjudicated. 2360 (3)If the court finds by a preponderance of evidence that 2361 the child named in a petition is a child in need of services, 2362 but elects not to proceed under subsection (2), it shall 2363 incorporate that finding in an order of adjudication entered in 2364 the case, briefly stating the facts upon which the finding is 2365 made, and the court shall thereafter have full authority under 2366 this chapter to provide for the child as adjudicated. 2367 (1)(4)An order of adjudication by a court that a child is 2368 a child in need of services is a civil adjudication, and is 2369 services shall not be deemed a conviction, nor shall the child 2370 be deemed to have been found guilty or to be a delinquent or 2371 criminal by reason of that adjudication, nor shall that 2372 adjudication operate to impose upon the child any of the civil 2373 disabilities ordinarily imposed by or resulting from conviction 2374 or disqualify or prejudice the child in any civil service 2375 application or appointment. 2376 Section 25.Section 984.22, Florida Statutes, is amended to 2377 read: 2378 984.22Powers of disposition. 2379 (1)If the court finds that services and treatment have not 2380 been provided or used utilized by a child or family, the court 2381 having jurisdiction of the child in need of services shall have 2382 the power to direct the least intrusive and least restrictive 2383 disposition, as follows: 2384 (a)Order the parent, legal guardian, or custodian and the 2385 child to participate in treatment, services, and any other 2386 alternative identified as necessary. 2387 (b)Order the parent, legal guardian, or custodian to pay a 2388 fine or fee based on the recommendations of the department. 2389 (2)When any child is adjudicated by the court to be a 2390 child in need of services, the court having jurisdiction of the 2391 child and parent, legal guardian, or custodian shall have the 2392 power, by order, to: 2393 (a)Place the child under the supervision of the 2394 departments authorized agent contracted provider of programs 2395 and services for children in need of services and families in 2396 need of services. The term supervision, for the purposes of 2397 this section, means services as defined by the contract between 2398 the department and the provider. 2399 (b)Place the child in the temporary legal custody of an 2400 adult willing to care for the child. 2401 (c)Commit the child to a licensed child-caring agency 2402 willing to receive the child and to provide services without 2403 compensation from the department. 2404 (d)Order the child, and, if the court finds it 2405 appropriate, the parent, legal guardian, or custodian of the 2406 child, to render community service in a public service program. 2407 (e)Order the child placed in shelter pursuant to s. 2408 984.225 or s. 984.226. 2409 (3)When any child is adjudicated by the court to be a 2410 child in need of services and temporary legal custody of the 2411 child has been placed with an adult willing to care for the 2412 child, or a licensed child-caring agency, the Department of 2413 Juvenile Justice, or the Department of Children and Families, 2414 the court shall order the natural or adoptive parents of such 2415 child, including the natural father of such child born out of 2416 wedlock who has acknowledged his paternity in writing before the 2417 court, or the guardian of such childs estate if possessed of 2418 assets which under law may be disbursed for the care, support, 2419 and maintenance of such child, to pay child support to the adult 2420 relative caring for the child, the licensed child-caring agency, 2421 the department of Juvenile Justice, or the Department of 2422 Children and Families. When such order affects the guardianship 2423 estate, a certified copy of such order shall be delivered to the 2424 judge having jurisdiction of such guardianship estate. If the 2425 court determines that the parent is unable to pay support, 2426 placement of the child shall not be contingent upon issuance of 2427 a support order. The department may employ a collection agency 2428 to receive, collect, and manage for the purpose of receiving, 2429 collecting, and managing the payment of unpaid and delinquent 2430 fees. The collection agency must be registered and in good 2431 standing under chapter 559. The department may pay to the 2432 collection agency a fee from the amount collected under the 2433 claim or may authorize the agency to deduct the fee from the 2434 amount collected. 2435 (4)All payments of fees made to the department under this 2436 chapter, or child support payments made to the department 2437 pursuant to subsection (3), shall be deposited in the General 2438 Revenue Fund. 2439 (4)(5)In carrying out the provisions of this chapter, the 2440 court shall order the child, family, parent, legal guardian, or 2441 custodian of a child who is found to be a child in need of 2442 services to participate in family counseling and other 2443 professional counseling activities or other alternatives deemed 2444 necessary to address the needs for the rehabilitation of the 2445 child and family. 2446 (5)(6)The participation and cooperation of the family, 2447 parent, legal guardian, or custodian, and the child with court 2448 ordered services, treatment, or community service are mandatory, 2449 not merely voluntary. The court may use its contempt powers to 2450 enforce its orders order. 2451 Section 26.Section 984.225, Florida Statutes, is amended 2452 to read: 2453 984.225Powers of disposition; placement in a staff-secure 2454 shelter. 2455 (1)Subject to specific legislative appropriation, The 2456 court may order that a child adjudicated as a child in need of 2457 services be placed in shelter to enforce the courts orders, to 2458 ensure the child attends school, to ensure the child receives 2459 needed counseling, and to ensure the child adheres to a service 2460 plan. While a child is in a shelter, the child shall receive 2461 education commensurate with his or her grade level and 2462 educational ability. The department, or the departments 2463 authorized agent, must verify to the court that a shelter bed is 2464 available for the child. If the department or the departments 2465 authorized agent verifies that a bed is not available, the 2466 department shall place the childs name on a waiting list. The 2467 child who has been on the waiting list the longest shall get the 2468 next available bed. for up to 90 days in a staff-secure shelter 2469 if: 2470 (2)The court shall order the parent, legal guardian, or 2471 custodian to cooperate with reunification efforts and 2472 participate in counseling. If a parent, legal guardian, or 2473 custodian prefers to arrange counseling or other services with a 2474 private provider in lieu of using services provided by the 2475 department, the family shall pay all costs associated with those 2476 services. 2477 (3)Placement of a child under this section is designed to 2478 provide residential care on a temporary basis. Such placement 2479 does not abrogate the legal responsibilities of the parent, 2480 legal guardian, or custodian with respect to the child, except 2481 to the extent that those responsibilities are temporarily 2482 altered by court order. 2483 (a)The court may order any child adjudicated a child in 2484 need of services to be placed in shelter for up to 35 days. 2485 (b)After other alternative, less restrictive, remedies 2486 have been exhausted, the child may be placed in shelter for up 2487 to 90 days if: 2488 1.(a)The childs parent, legal guardian, or legal 2489 custodian refuses to provide food, clothing, shelter, and 2490 necessary parental support for the child and the refusal is a 2491 direct result of an established pattern of significant 2492 disruptive behavior of the child in the home of the parent, 2493 legal guardian, or legal custodian; 2494 2.(b)The child refuses to remain under the reasonable care 2495 and custody of the his or her parent, legal guardian, or legal 2496 custodian, as evidenced by repeatedly running away and failing 2497 to comply with a court order; or 2498 3.(c)The child has failed to successfully complete an 2499 alternative treatment program or to comply with a court-ordered 2500 services sanction and the child has been placed in a shelter 2501 residential program on at least one prior occasion pursuant to a 2502 court order after the child has been adjudicated a child in need 2503 of services under this chapter. 2504 (4)The court shall review the childs 90-day shelter 2505 placement within 45 days after the childs placement and 2506 determine whether continued shelter is deemed necessary. The 2507 court shall also determine whether the parent, legal guardian, 2508 or custodian has reasonably participated in the childs 2509 counseling and treatment program, and is following the 2510 recommendations of the program to work toward reunification. The 2511 court shall also determine whether the departments 2512 reunification efforts have been reasonable. If the court finds 2513 an inadequate level of support or participation by the parent, 2514 legal guardian, or custodian before the end of the shelter 2515 commitment period, the court shall direct a staffing to take 2516 place with the Department of Children and Families. 2517 (2)This section applies after other alternative, less 2518 restrictive remedies have been exhausted. The court may order 2519 that a child be placed in a staff-secure shelter. The 2520 department, or an authorized representative of the department, 2521 must verify to the court that a bed is available for the child. 2522 If the department or an authorized representative of the 2523 department verifies that a bed is not available, the department 2524 will place the childs name on a waiting list. The child who has 2525 been on the waiting list the longest will get the next available 2526 bed. 2527 (3)The court shall order the parent, guardian, or legal 2528 custodian to cooperate with efforts to reunite the child with 2529 the family, participate in counseling, and pay all costs 2530 associated with the care and counseling provided to the child 2531 and family, in accordance with the familys ability to pay as 2532 determined by the court. Commitment of a child under this 2533 section is designed to provide residential care on a temporary 2534 basis. Such commitment does not abrogate the legal 2535 responsibilities of the parent, guardian, or legal custodian 2536 with respect to the child, except to the extent that those 2537 responsibilities are temporarily altered by court order. 2538 (4)While a child is in a staff-secure shelter, the child 2539 shall receive education commensurate with his or her grade level 2540 and educational ability. 2541 (5)If a child has not been reunited with his or her 2542 parent, legal guardian, or legal custodian at the expiration of 2543 the 90-day commitment period, the court may order that the child 2544 remain in the staff-secure shelter for an additional 30 days if 2545 the court finds that reunification could be achieved within that 2546 period. 2547 (6)The department is deemed to have exhausted the 2548 reasonable remedies offered under this chapter if, at the end of 2549 the 90-day shelter commitment period, the parent, legal 2550 guardian, or legal custodian continues to refuse to allow the 2551 child to remain at home or creates unreasonable conditions for 2552 the childs return. If, at the end of the 90-day shelter 2553 commitment period, the child is not reunited with his or her 2554 parent, legal guardian, or custodian due solely to the continued 2555 refusal of the parent, legal guardian, or custodian to provide 2556 food, clothing, shelter, and parental support, the child is 2557 considered to be threatened with harm as a result of such acts 2558 or omissions, and the court shall direct that the child be 2559 handled in every respect as a dependent child. Jurisdiction 2560 shall be transferred to the custody of the Department of 2561 Children and Families, and the childs care shall be governed 2562 under the relevant provisions of chapter 39. The department 2563 shall coordinate with the Department of Children and Families as 2564 provided in s. 984.086. The clerk of court shall serve the 2565 Department of Children and Families with any court order of 2566 referral. 2567 (7)The court shall review the childs commitment once 2568 every 45 days as provided in s. 984.20. The court shall 2569 determine whether the parent, guardian, or custodian has 2570 reasonably participated in and financially contributed to the 2571 childs counseling and treatment program. The court shall also 2572 determine whether the departments efforts to reunite the family 2573 have been reasonable. If the court finds an inadequate level of 2574 support or participation by the parent, guardian, or custodian 2575 prior to the end of the commitment period, the court shall 2576 direct that the child be handled in every respect as a dependent 2577 child. Jurisdiction shall be transferred to the Department of 2578 Children and Families, and the childs care shall be governed 2579 under the relevant provisions of chapter 39. 2580 (6)(8)If the child requires residential mental health 2581 treatment or residential care for a developmental disability, 2582 the court shall refer the child to the Agency for Persons with 2583 Disabilities or to the Department of Children and Families for 2584 the provision of necessary services. 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 a staffing to 2665 take place with the Department of Children and Families that the 2666 child be handled as a dependent child, jurisdiction shall be 2667 transferred to the Department of Children and Families, and the 2668 childs care shall be governed by chapter 39. 2669 (e)If the child requires long-term residential mental 2670 health treatment or residential care for a developmental 2671 disability, the court shall refer the child to the Department of 2672 Children and Families or the Agency for Persons with 2673 Disabilities for the provision of necessary services. The clerk 2674 of court shall serve the Agency for Persons with Disabilities or 2675 the Department of Children and Families with any court order of 2676 referral. 2677 (5)(6)Prior to being ordered to a physically secure 2678 shelter setting, the child must be afforded all rights of due 2679 process required under s. 984.07 985.037. 2680 (6)While in the physically secure shelter setting, the 2681 child shall receive appropriate assessment, intervention, 2682 treatment, and educational services that are designed to 2683 eliminate or reduce the childs truant, ungovernable, or runaway 2684 behavior. The child and family shall be provided with individual 2685 and family counseling and other support services necessary for 2686 reunification. 2687 (7)The court shall order the parent, legal guardian, or 2688 legal custodian to cooperate with efforts to reunite the child 2689 with the family, participate in counseling, and pay all costs 2690 associated with the care and counseling provided to the child 2691 and family, in accordance with the childs insurance and the 2692 familys ability to pay as determined by the court. Placement of 2693 a child under this section is designed to provide residential 2694 care on a temporary basis. Such placement does not abrogate the 2695 legal responsibilities of the parent, legal guardian, or legal 2696 custodian with respect to the child, except to the extent that 2697 those responsibilities are temporarily altered by court order. 2698 Section 28.Section 985.731, Florida Statutes, is 2699 transferred and renumbered as section 787.035, Florida Statutes. 2700 Section 29.Subsection (9) of section 985.03, Florida 2701 Statutes, is amended to read: 2702 985.03Definitions.As used in this chapter, the term: 2703 (9)Child who has been found to have committed a 2704 delinquent act means a child who, under this chapter, is found 2705 by a court to have committed a violation of law or to be in 2706 direct or indirect contempt of court, except that this 2707 definition does not include an act constituting contempt of 2708 court arising out of a dependency proceeding under chapter 39 or 2709 chapter 984 or a proceeding concerning a child or family in need 2710 of services. 2711 Section 30.Subsection (4) of section 985.24, Florida 2712 Statutes, is amended to read: 2713 985.24Use of detention; prohibitions. 2714 (4)A child who is alleged to be dependent under chapter 2715 39, or any child subject to proceedings under chapter 984, but 2716 who is not alleged to have committed a delinquent act or 2717 violation of law, may not, under any circumstances, be placed 2718 into secure detention care. 2719 Section 31.Section 1003.26, Florida Statutes, is amended 2720 to read: 2721 1003.26Enforcement of school attendance.The Legislature 2722 finds that poor academic performance is associated with 2723 nonattendance and that school districts must take an active role 2724 in promoting and enforcing attendance as a means of improving 2725 student performance. It is the policy of the state that each 2726 district school superintendent be responsible for enforcing 2727 school attendance of all students subject to the compulsory 2728 school age in the school district and supporting enforcement of 2729 school attendance by local law enforcement agencies. The 2730 responsibility includes recommending policies and procedures to 2731 the district school board that require public schools to respond 2732 in a timely manner to every unexcused absence, and every absence 2733 for which the reason is unknown, of students enrolled in the 2734 schools. District school board policies shall require the parent 2735 of a student to justify each absence of the student, and that 2736 justification will be evaluated based on adopted district school 2737 board policies that define excused and unexcused absences. The 2738 policies must provide that public schools track excused and 2739 unexcused absences and contact the home in the case of an 2740 unexcused absence from school, or an absence from school for 2741 which the reason is unknown, to prevent the development of 2742 patterns of nonattendance. The Legislature finds that early 2743 intervention in school attendance is the most effective way of 2744 producing good attendance habits that will lead to improved 2745 student learning and achievement. Each public school is required 2746 to shall implement the following steps to promote and enforce 2747 regular school attendance: 2748 (1)CONTACT, REFER, AND ENFORCE. 2749 (a)Upon each unexcused absence, or absence for which the 2750 reason is unknown, the school principal or his or her designee 2751 must shall contact the students parent to determine the reason 2752 for the absence. If the absence is an excused absence, as 2753 defined by district school board policy, the school shall 2754 provide opportunities for the student to make up assigned work 2755 and not receive an academic penalty unless the work is not made 2756 up within a reasonable time. 2757 (b)If a student has had at least five unexcused absences, 2758 or absences for which the reasons are unknown, within a calendar 2759 month or 10 unexcused absences, or absences for which the 2760 reasons are unknown, within a 90-calendar-day period, the 2761 students primary teacher must shall report to the school 2762 principal or his or her designee that the student may be 2763 exhibiting a pattern of nonattendance. The principal shall, 2764 Unless there is clear evidence that the absences are not a 2765 pattern of nonattendance, the principal must refer the case to 2766 the schools child study team to determine if early patterns of 2767 truancy are developing. If the child study team finds that a 2768 pattern of nonattendance is developing, whether the absences are 2769 excused or not, a meeting with the parent must be scheduled to 2770 identify potential remedies, and the principal must shall notify 2771 the district school superintendent and the school district 2772 contact for home education programs that the referred student is 2773 exhibiting a pattern of nonattendance. The child study team may 2774 allow the parent to attend the meeting virtually or by telephone 2775 if the parent is unable to attend the meeting in person. 2776 (c)If the parent or child fails to attend the child study 2777 team meeting, the meeting shall be held in his or her absence, 2778 and the child study team shall make written recommendations to 2779 remediate the truancy based upon the information available to 2780 the school. The recommendations shall be provided to the parent 2781 within 7 days after the child study team meeting. If the an 2782 initial meeting does not resolve the problem, the child study 2783 team shall implement the following: 2784 1.Frequent attempts at communication between the teacher 2785 and the family. 2786 2.Attempt to determine the reasons the child is truant 2787 from school and provide remedies if available or refer the 2788 family to services, including referring the family for available 2789 scholarship options if the learning environment is an issue of 2790 concern. 2791 3.2.Evaluation for alternative education programs. 2792 4.3.Attendance contracts. 2793 2794 The child study team may, but is not required to, implement 2795 other interventions, including referral to the Department of 2796 Juvenile Justices designated provider for voluntary family 2797 services, or to other agencies for family services or recommend 2798 recommendation for filing a truancy petition pursuant to s. 2799 984.151. 2800 (d)The child study team must shall be diligent in 2801 facilitating intervention services and shall report the case to 2802 the district school superintendent only when all reasonable 2803 efforts to resolve the nonattendance behavior are exhausted. 2804 (e)If the parent refuses to participate in the remedial 2805 strategies because he or she believes that those strategies are 2806 unnecessary or inappropriate, the parent may appeal to the 2807 district school board. The district school board may provide a 2808 hearing officer, and the hearing officer shall make a 2809 recommendation for final action to the district school board. If 2810 the district school boards final determination is that the 2811 strategies of the child study team are appropriate, and the 2812 parent still refuses to participate or cooperate, the district 2813 school superintendent may seek criminal prosecution for 2814 noncompliance with compulsory school attendance. 2815 (f)1.If the parent of a child who has been identified as 2816 exhibiting a pattern of nonattendance enrolls the child in a 2817 home education program pursuant to chapter 1002, the district 2818 school superintendent shall provide the parent a copy of s. 2819 1002.41 and the accountability requirements of this paragraph. 2820 The district school superintendent shall also refer the parent 2821 to a home education review committee composed of the district 2822 contact for home education programs and at least two home 2823 educators selected by the parent from a district list of all 2824 home educators who have conducted a home education program for 2825 at least 3 years and who have indicated a willingness to serve 2826 on the committee. The home education review committee shall 2827 review the portfolio of the student, as defined by s. 1002.41, 2828 every 30 days during the districts regular school terms until 2829 the committee is satisfied that the home education program is in 2830 compliance with s. 1002.41(1)(d). The first portfolio review 2831 must occur within the first 30 calendar days after of the 2832 establishment of the program. The provisions of subparagraph 2. 2833 do not apply once the committee determines the home education 2834 program is in compliance with s. 1002.41(1)(d). 2835 2.If the parent fails to provide a portfolio to the 2836 committee, the committee shall notify the district school 2837 superintendent. The district school superintendent shall then 2838 terminate the home education program and require the parent to 2839 enroll the child in an attendance option that meets the 2840 definition of the term regular school attendance under s. 2841 1003.01(16)(a), (b), (c), or (e), within 3 days. Upon 2842 termination of a home education program pursuant to this 2843 subparagraph, the parent shall not be eligible to reenroll the 2844 child in a home education program for 180 calendar days. Failure 2845 of a parent to enroll the child in an attendance option as 2846 required by this subparagraph after termination of the home 2847 education program pursuant to this subparagraph shall constitute 2848 noncompliance with the compulsory attendance requirements of s. 2849 1003.21 and may result in criminal prosecution under s. 2850 1003.27(2). Nothing contained herein shall restrict the ability 2851 of the district school superintendent, or the ability of his or 2852 her designee, to review the portfolio pursuant to s. 2853 1002.41(1)(e). 2854 (g)If a student subject to compulsory school attendance 2855 will not comply with attempts to enforce school attendance, the 2856 parent or the district school superintendent or his or her 2857 designee must shall refer the case to the Department of Juvenile 2858 Justices authorized agent, which shall then offer voluntary 2859 family services, and schedule a meeting of the case staffing 2860 committee pursuant to s. 984.12 if the services do not remediate 2861 the childs truancy, and the district school superintendent or 2862 his or her designee may file a truancy petition pursuant to the 2863 procedures in s. 984.151. 2864 (h)If a student subject to compulsory school attendance is 2865 responsive to the interventions described in this section and 2866 has completed the necessary requirements to pass the current 2867 grade as indicated in the district pupil progression plan, the 2868 student may not be determined to be a habitual truant and shall 2869 be promoted. 2870 (2)GIVE WRITTEN NOTICE. 2871 (a)Under the direction of the district school 2872 superintendent, a designated school representative must provide 2873 shall give written notice in person or by return-receipt mail to 2874 the parent, requiring the childs that requires enrollment or 2875 attendance within 3 days after the date of notice, in person or 2876 by return-receipt mail, to the parent when no valid reason is 2877 found for a students nonenrollment in school if the child is 2878 under compulsory education requirements, and is not exempt. If 2879 the child is not enrolled or in attendance in school within 3 2880 days after the notice being provided and requirement are 2881 ignored, the designated school representative must shall report 2882 the case to the district school superintendent, who must may 2883 refer the case to the child study team in paragraph (1)(b) at 2884 the school the student would be assigned according to district 2885 school board attendance area policies. In addition, the 2886 designated school representative may refer the case to the 2887 Department of Juvenile Justices authorized agent for families 2888 in need of services or to the case staffing committee, 2889 established pursuant to s. 984.12. The child study team must 2890 shall diligently facilitate intervention services and shall 2891 report the case back to the district school superintendent 2892 within 15 days after referral of the case if only when all 2893 reasonable efforts to resolve the nonenrollment behavior have 2894 been made and the child is still not attending school are 2895 exhausted. If the parent still refuses to cooperate or enroll 2896 the child in school within 15 days after referral of the case to 2897 the child study team, the district school superintendent must 2898 make a report to law enforcement and refer the case to the 2899 Office of the State Attorney shall take such steps as are 2900 necessary to bring criminal prosecution against the parent. 2901 (b)Subsequent to referring the case to the Office of the 2902 State Attorney the activities required under subsection (1), the 2903 district school superintendent or his or her designee must shall 2904 give written notice in person or by return-receipt mail to the 2905 parent that criminal prosecution is being sought for 2906 nonattendance. The district school superintendent may file a 2907 truancy petition, as defined in s. 984.03, following the 2908 procedures outlined in s. 984.151. 2909 (3)RETURN STUDENT TO PARENT.A designated school 2910 representative may visit the home or place of residence of a 2911 student and any other place in which he or she is likely to find 2912 any student who is required to attend school when the student is 2913 not enrolled or is absent from school during school hours 2914 without an excuse, and, when the student is found, shall return 2915 the student to his or her parent or to the principal or teacher 2916 in charge of the school, or to the private tutor from whom 2917 absent. If the parent cannot be located or is unavailable to 2918 take custody of the child, and the child is not to be presented 2919 to the childs school or tutor, the youth shall be referred to 2920 the Department of Juvenile Justices shelter, to another 2921 facility, or to the juvenile assessment center or other location 2922 established by the district school board to receive students who 2923 are absent from school. Upon receipt of the student, the parent 2924 shall be immediately notified. 2925 (4)REPORT TO APPROPRIATE AUTHORITY.A designated school 2926 representative shall report to the appropriate authority 2927 designated by law to receive such notices, all violations of the 2928 Child Labor Law that may come to his or her knowledge. 2929 (5)RIGHT TO INSPECT.A designated school representative 2930 shall have the right of access to, and inspection of, 2931 establishments where minors may be employed or detained only for 2932 the purpose of ascertaining whether students of compulsory 2933 school age are actually employed there and are actually working 2934 there regularly. The designated school representative shall, if 2935 he or she finds unsatisfactory working conditions or violations 2936 of the Child Labor Law, report his or her findings to the 2937 appropriate authority. 2938 Section 32.Subsections (2), (3), (4), (6), and (7) of 2939 section 1003.27, Florida Statutes, are amended to read: 2940 1003.27Court procedure and penalties.The court procedure 2941 and penalties for the enforcement of the provisions of this 2942 part, relating to compulsory school attendance, shall be as 2943 follows: 2944 (2)NONENROLLMENT AND NONATTENDANCE CASES. 2945 (a)In each case of nonenrollment or of nonattendance upon 2946 the part of a student who is required to attend some school, 2947 when no valid reason for such nonenrollment or nonattendance is 2948 found, The district school superintendent shall institute a 2949 criminal prosecution against the students parent, in each case 2950 of nonenrollment or of nonattendance of a student who is 2951 required to attend school, when no valid reason for the 2952 nonenrollment or nonattendance is found. However, Criminal 2953 prosecution may not be instituted against the students parent 2954 until the school and school district have complied with s. 2955 1003.26. 2956 (b)Each public school principal or the principals 2957 designee must shall notify the district school board of each 2958 minor student under its jurisdiction who accumulates 15 2959 unexcused absences in a period of 90 calendar days. Reports 2960 shall be made to the district school board at the end of each 2961 school quarter. The calculation of 15 absences within 90 days 2962 are determined based on calendar days and are not limited to the 2963 span of one school quarter during which the nonattendance begins 2964 or ends. The district school board shall verify the schools 2965 reporting 15 or more unexcused absences within a 90-day period 2966 have complied with the requirements of remediating truancy at 2967 the school level or pursuing appropriate court intervention as 2968 provided in this section. Any school not meeting the 2969 requirements in this paragraph shall provide a remedial action 2970 plan to the school board within 30 days, and follow up within 90 2971 days to confirm all truancy cases have been addressed either 2972 through the childs enrollment and regular attendance or 2973 referral of the case to the appropriate court or agency to 2974 pursue court intervention. 2975 (c)The district school superintendent must provide the 2976 Department of Highway Safety and Motor Vehicles the legal name, 2977 sex, date of birth, and social security number of each minor 2978 student who has been reported under this paragraph and who fails 2979 to otherwise satisfy the requirements of s. 322.091. The 2980 Department of Highway Safety and Motor Vehicles may not issue a 2981 driver license or learners driver license to, and shall suspend 2982 any previously issued driver license or learners driver license 2983 of, any such minor student, pursuant to the provisions of s. 2984 322.091. 2985 (d)(c)Each designee of the governing body of each private 2986 school and each parent whose child is enrolled in a home 2987 education program or personalized education program may provide 2988 the Department of Highway Safety and Motor Vehicles with the 2989 legal name, sex, date of birth, and social security number of 2990 each minor student under his or her jurisdiction who fails to 2991 satisfy relevant attendance requirements and who fails to 2992 otherwise satisfy the requirements of s. 322.091. The Department 2993 of Highway Safety and Motor Vehicles may not issue a driver 2994 license or learners driver license to, and shall suspend any 2995 previously issued driver license or learners driver license of, 2996 any such minor student pursuant to s. 322.091. 2997 (3)HABITUAL TRUANCY CASES. The district school 2998 superintendent may is authorized to file a truancy petition 2999 seeking early truancy intervention, as defined in s. 984.03, 3000 following the procedures outlined in s. 984.151. If the district 3001 school superintendent chooses not to file a truancy petition, 3002 the case must be referred to the Department of Juvenile 3003 Justices authorized agent for families in need of services. The 3004 procedures for filing a child in need of services child-in-need 3005 of-services petition must shall be commenced pursuant to this 3006 subsection and chapter 984 if voluntary family services do not 3007 remediate the childs truancy. The. In accordance with 3008 procedures established by the district school board, the 3009 designated school representative must shall refer a student who 3010 is a habitual habitually truant and the students family to the 3011 Department of Juvenile Justices designated children in need of 3012 services provider for provision of voluntary services, and may 3013 refer the case to children-in-need-of-services and families-in 3014 need-of-services provider or the case staffing committee, 3015 established pursuant to s. 984.12, following the referral 3016 process established by the cooperative interagency agreement as 3017 determined by the cooperative agreement required in this 3018 section. The case staffing committee may request the Department 3019 of Juvenile Justice or its designee to file a petition for child 3020 in need of services child-in-need-of-services petition based 3021 upon the report and efforts of the district school board or 3022 other community agency, and early truancy intervention by the 3023 circuit court, after review and an initial meeting, or may seek 3024 to resolve the truant behavior through the school or community 3025 based organizations or other state or local agencies. Prior to 3026 and subsequent to the filing of a child-in-need-of-services 3027 petition for a child in need of services due to habitual 3028 truancy, the appropriate governmental agencies must allow a 3029 reasonable time to complete actions required by this section and 3030 ss. 984.11 and s. 1003.26 to remedy the conditions leading to 3031 the truant behavior. Prior to the filing of a petition, the 3032 district school board must have complied with the requirements 3033 of s. 1003.26, and those efforts must have been unsuccessful. 3034 (4)COOPERATIVE AGREEMENTS.The circuit manager of the 3035 Department of Juvenile Justices authorized agent Justice or his 3036 or her designee, the circuit managers designee, the district 3037 administrator of the Department of Children and Families or the 3038 district administrators designee, and the district school 3039 superintendent or his or her the superintendents designee must 3040 develop a cooperative interagency agreement that: 3041 (a)Clearly defines each departments role, responsibility, 3042 and function in working with habitual truants and their 3043 families. 3044 (b)Identifies and implements measures to quickly resolve 3045 and reduce truant behavior. 3046 (c)Addresses issues of streamlining service delivery, the 3047 appropriateness of legal intervention, case management, the role 3048 and responsibility of the case staffing committee, student and 3049 parental intervention and involvement, and community action 3050 plans. 3051 (d)Delineates timeframes for implementation and identifies 3052 a mechanism for reporting results by the Department of Juvenile 3053 Justice or its authorized agent circuit juvenile justice manager 3054 or the circuit managers designee and the district school 3055 superintendent or the superintendents designee to the 3056 Department of Juvenile Justice and the Department of Education 3057 and other governmental entities as needed. 3058 (e)Designates which agency is responsible for each of the 3059 intervention steps in this section, to yield more effective and 3060 efficient intervention services. 3061 (6)PROCEEDINGS AND PROSECUTIONS; WHO MAY BEGIN. 3062 Proceedings or prosecutions under this chapter may be commenced 3063 by the district school superintendent or his or her designee, by 3064 a designated school representative, by the probation officer of 3065 the county, by the executive officer of any court of competent 3066 jurisdiction, by an officer of any court of competent 3067 jurisdiction, or by a duly authorized agent of the Department of 3068 Education or the Department of Juvenile Justice, by a parent, or 3069 in the case of a criminal prosecution, by the Office of the 3070 State Attorney. If a proceeding has been commenced against both 3071 a parent and a child pursuant to this chapter, the presiding 3072 courts shall make every effort to coordinate services or 3073 sanctions against the child and parent, including ordering the 3074 child and parent to perform community service hours or attend 3075 counseling together. 3076 (7)PENALTIES.The penalties for refusing or failing to 3077 comply with this chapter shall be as follows: 3078 (a)The parent. 3079 1.A parent who refuses or fails to have a minor student 3080 who is under his or her control attend school regularly, or who 3081 refuses or fails to comply with the requirements in subsection 3082 (3), commits a misdemeanor of the second degree, punishable as 3083 provided in s. 775.082 or s. 775.083. 3084 2.The continued or habitual absence of a minor student 3085 without the consent of the principal or teacher in charge of the 3086 school he or she attends or should attend, or of the tutor who 3087 instructs or should instruct him or her, is prima facie evidence 3088 of a violation of this chapter; however, a showing that the 3089 parent has made a bona fide and diligent effort to control and 3090 keep the student in school shall be an affirmative defense to 3091 any criminal or other liability under this subsection and the 3092 court shall refer the parent and child for counseling, guidance, 3093 or other needed services. 3094 3.In addition to any other sanctions authorized under s. 3095 984.151 punishment, the court shall order a parent who has 3096 violated this section to send the minor student to school, and 3097 may also order the parent to participate in an approved parent 3098 training class, attend school with the student unless this would 3099 cause undue hardship or is prohibited by rules or policy of the 3100 school board, perform community service hours at the school, or 3101 participate in counseling or other services, as appropriate. If 3102 a parent is ordered to attend school with a student, the school 3103 shall provide for programming to educate the parent and student 3104 on the importance of school attendance. It shall be unlawful to 3105 terminate any employee solely because he or she is attending 3106 school with his or her child pursuant to a court order. 3107 (b)The principal or teacher.A principal or teacher in any 3108 public, parochial, religious, denominational, or private school, 3109 or a private tutor who willfully violates any provision of this 3110 chapter may, upon satisfactory proof of such violation, have his 3111 or her certificate revoked by the Department of Education. 3112 (c)The employer. 3113 1. An employer who fails to notify the district school 3114 superintendent when he or she ceases to employ a student commits 3115 a misdemeanor of the second degree, punishable as provided in s. 3116 775.082 or s. 775.083. 3117 2. An employer who terminates any employee solely because 3118 he or she is attending school with a student pursuant to court 3119 order commits a misdemeanor of the second degree, punishable as 3120 provided in s. 775.082 or s. 775.083. 3121 (d)The student. 3122 1.In addition to any other sanctions authorized under s. 3123 984.151 sanctions, the court shall order a student found to be a 3124 habitual truant to make up all school work missed and attend 3125 school daily with no unexcused absences or tardiness, and may 3126 order the child to and may order the student to pay a civil 3127 penalty of up to $2, based on the students ability to pay, for 3128 each day of school missed, perform up to 25 community service 3129 hours at the school, or participate in counseling or other 3130 services, as appropriate. 3131 2.Upon a second or subsequent finding that a student is a 3132 habitual truant, the court, in addition to any other authorized 3133 sanctions, shall order the student to make up all school work 3134 missed and may order the student to pay a civil penalty of up to 3135 $5, based on the students ability to pay, for each day of 3136 school missed, perform up to 50 community service hours at the 3137 school, or participate in counseling or other services, as 3138 appropriate. 3139 Section 33.Paragraph (g) is added to subsection (7) of 3140 section 381.02035, Florida Statutes, to read: 3141 381.02035Canadian Prescription Drug Importation Program. 3142 (7)ELIGIBLE IMPORTERS.The following entities may import 3143 prescription drugs from an eligible Canadian supplier under the 3144 program: 3145 (g)A pharmacist or wholesaler employed by or under 3146 contract with the Department of Juvenile Justice, for dispensing 3147 to juveniles in the custody of the Department of Juvenile 3148 Justice. 3149 Section 34.Paragraph (a) of subsection (5) of section 3150 790.22, Florida Statutes, is amended to read: 3151 790.22Use of BB guns, air or gas-operated guns, or 3152 electric weapons or devices by minor under 16; limitation; 3153 possession of firearms by minor under 18 prohibited; penalties. 3154 (5)(a)A minor who violates subsection (3): 3155 1.For a first offense, commits a misdemeanor of the first 3156 degree; shall serve a period of detention of up to 5 days in a 3157 secure detention facility, with credit for time served in secure 3158 detention prior to disposition; and shall be required to perform 3159 100 hours of community service or paid work as determined by the 3160 department. 3161 2.For a second or subsequent offense, commits a felony of 3162 the third degree. For a second offense, the minor shall serve a 3163 period of detention of up to 21 days in a secure detention 3164 facility, with credit for time served in secure detention prior 3165 to disposition, and shall be required to perform not less than 3166 100 nor more than 250 hours of community service or paid work as 3167 determined by the department. For a third or subsequent offense, 3168 the minor shall be adjudicated delinquent and committed to a 3169 residential program. A finding by a court that a minor committed 3170 a violation of this section, regardless of whether the court 3171 adjudicates the minor delinquent or withholds adjudication of 3172 delinquency, withhold of adjudication of delinquency shall be 3173 considered a prior offense for the purpose of determining a 3174 second, third, or subsequent offense. 3175 3176 For the purposes of this subsection, community service shall be 3177 performed, if possible, in a manner involving a hospital 3178 emergency room or other medical environment that deals on a 3179 regular basis with trauma patients and gunshot wounds. 3180 Section 35.Paragraph (a) of subsection (2) of section 3181 985.12, Florida Statutes, is amended to read: 3182 985.12Prearrest delinquency citation programs. 3183 (2)JUDICIAL CIRCUIT DELINQUENCY CITATION PROGRAM 3184 DEVELOPMENT, IMPLEMENTATION, AND OPERATION. 3185 (a)A prearrest delinquency citation program for 3186 misdemeanor offenses shall be established in each judicial 3187 circuit in the state. The state attorney and public defender of 3188 each circuit, the clerk of the court for each county in the 3189 circuit, and representatives of participating law enforcement 3190 agencies in the circuit shall create a prearrest delinquency 3191 citation program and develop its policies and procedures. In 3192 developing the programs policies and procedures, input from 3193 other interested stakeholders may be solicited. The department 3194 shall annually develop and provide guidelines on best practice 3195 models for prearrest delinquency citation programs to the 3196 judicial circuits as a resource. 3197 Section 36.Subsection (5) of section 985.126, Florida 3198 Statutes, is amended to read: 3199 985.126Prearrest and postarrest diversion programs; data 3200 collection; denial of participation or expunged record. 3201 (5)The department shall provide a quarterly report to be 3202 published on its website and distributed to the Governor, 3203 President of the Senate, and Speaker of the House of 3204 Representatives listing the entities that use prearrest 3205 delinquency citations for less than 80 70 percent of first-time 3206 misdemeanor offenses. 3207 Section 37.Paragraph (c) of subsection (1) of section 3208 985.25, Florida Statutes, is amended to read: 3209 985.25Detention intake. 3210 (1)The department shall receive custody of a child who has 3211 been taken into custody from the law enforcement agency or court 3212 and shall review the facts in the law enforcement report or 3213 probable cause affidavit and make such further inquiry as may be 3214 necessary to determine whether detention care is appropriate. 3215 (c)If the final score on the childs risk assessment 3216 instrument indicates detention care is appropriate, but the 3217 department otherwise determines the child should be released, 3218 the department shall contact the state attorney, who may 3219 authorize release. If the final score on the childs risk 3220 assessment instrument indicates release or supervised release is 3221 appropriate, but the department otherwise determines that there 3222 should be supervised release or detention, the department shall 3223 contact the state attorney, who may authorize an upward 3224 departure. Notwithstanding any other provision of this 3225 paragraph, a child may only be moved one category in either 3226 direction within the risk assessment instrument and release is 3227 not authorized if it would cause the child to be moved more than 3228 one category. 3229 3230 Under no circumstances shall the department or the state 3231 attorney or law enforcement officer authorize the detention of 3232 any child in a jail or other facility intended or used for the 3233 detention of adults, without an order of the court. 3234 Section 38.Paragraph (c) of subsection (7) of section 3235 985.433, Florida Statutes, is amended to read: 3236 985.433Disposition hearings in delinquency cases.When a 3237 child has been found to have committed a delinquent act, the 3238 following procedures shall be applicable to the disposition of 3239 the case: 3240 (7)If the court determines that the child should be 3241 adjudicated as having committed a delinquent act and should be 3242 committed to the department, such determination shall be in 3243 writing or on the record of the hearing. The determination shall 3244 include a specific finding of the reasons for the decision to 3245 adjudicate and to commit the child to the department, including 3246 any determination that the child was a member of a criminal 3247 gang. 3248 (c)The court may also require that the child be placed on 3249 conditional release in a probation program following the childs 3250 discharge from commitment. Community-based sanctions under 3251 subsection (8) may be imposed by the court at the disposition 3252 hearing or at any time prior to the childs release from 3253 commitment. 3254 Section 39.Section 985.625, Florida Statutes, is repealed. 3255 Section 40.Subsection (4) of section 985.632, Florida 3256 Statutes, is amended to read: 3257 985.632Quality improvement and cost-effectiveness; 3258 Comprehensive Accountability Report. 3259 (4)COST-EFFECTIVENESS MODEL.The department, in 3260 consultation with the Office of Economic and Demographic 3261 Research and contract service providers, shall develop a cost 3262 effectiveness model and apply the model to each commitment 3263 program. 3264 (a)The cost-effectiveness model shall compare program 3265 costs to expected and actual child recidivism rates. It is the 3266 intent of the Legislature that continual development efforts 3267 take place to improve the validity and reliability of the cost 3268 effectiveness model. 3269 (b)The department shall rank commitment programs based on 3270 the cost-effectiveness model, performance measures, and 3271 adherence to quality improvement standards and shall report this 3272 data in the annual Comprehensive Accountability Report. 3273 (c)Based on reports of the department on child outcomes 3274 and program outputs and on the departments most recent cost 3275 effectiveness rankings, the department may terminate a program 3276 operated by the department or a provider if the program has 3277 failed to achieve a minimum standard of program effectiveness. 3278 This paragraph does not preclude the department from terminating 3279 a contract as provided under this section or as otherwise 3280 provided by law or contract, and does not limit the departments 3281 authority to enter into or terminate a contract. 3282 (d)In collaboration with the Office of Economic and 3283 Demographic Research, and contract service providers, the 3284 department shall develop a work plan to refine the cost 3285 effectiveness model so that the model is consistent with the 3286 performance-based program budgeting measures approved by the 3287 Legislature to the extent the department deems appropriate. The 3288 department shall notify the Office of Program Policy Analysis 3289 and Government Accountability of any meetings to refine the 3290 model. 3291 (e)Contingent upon specific appropriation, the department, 3292 in consultation with the Office of Economic and Demographic 3293 Research, and contract service providers, shall: 3294 1.Construct a profile of each commitment program that uses 3295 the results of the quality improvement data portion of the 3296 Comprehensive Accountability Report required by this section, 3297 the cost-effectiveness data portion of the Comprehensive 3298 Accountability Report required in this subsection, and other 3299 reports available to the department. 3300 2.Target, for a more comprehensive evaluation, any 3301 commitment program that has achieved consistently high, low, or 3302 disparate ratings in the reports required under subparagraph 1. 3303 and target, for technical assistance, any commitment program 3304 that has achieved low or disparate ratings in the reports 3305 required under subparagraph 1. 3306 3.Identify the essential factors that contribute to the 3307 high, low, or disparate program ratings. 3308 4.Use the results of these evaluations in developing or 3309 refining juvenile justice programs or program models, child 3310 outcomes and program outputs, provider contracts, quality 3311 improvement standards, and the cost-effectiveness model. 3312 Section 41.Subsection (8) of section 95.11, Florida 3313 Statutes, is amended to read: 3314 95.11Limitations other than for the recovery of real 3315 property.Actions other than for recovery of real property shall 3316 be commenced as follows: 3317 (8)FOR INTENTIONAL TORTS BASED ON ABUSE.An action founded 3318 on alleged abuse, as defined in s. 39.01 or, s. 415.102, or s. 3319 984.03; incest, as defined in s. 826.04; or an action brought 3320 pursuant to s. 787.061 may be commenced at any time within 7 3321 years after the age of majority, or within 4 years after the 3322 injured person leaves the dependency of the abuser, or within 4 3323 years from the time of discovery by the injured party of both 3324 the injury and the causal relationship between the injury and 3325 the abuse, whichever occurs later. 3326 Section 42.Subsection (1) of section 409.2564, Florida 3327 Statutes, is amended to read: 3328 409.2564Actions for support. 3329 (1)In each case in which regular support payments are not 3330 being made as provided herein, the department shall institute, 3331 within 30 days after determination of the obligors reasonable 3332 ability to pay, action as is necessary to secure the obligors 3333 payment of current support, any arrearage that may have accrued 3334 under an existing order of support, and, if a parenting time 3335 plan was not incorporated into the existing order of support, 3336 include either a signed, agreed-upon parenting time plan or a 3337 signed Title IV-D Standard Parenting Time Plan, if appropriate. 3338 The department shall notify the program attorney in the judicial 3339 circuit in which the recipient resides setting forth the facts 3340 in the case, including the obligors address, if known, and the 3341 public assistance case number. Whenever applicable, the 3342 procedures established under chapter 88, Uniform Interstate 3343 Family Support Act, chapter 61, Dissolution of Marriage; 3344 Support; Time-sharing, chapter 39, Proceedings Relating to 3345 Children, chapter 984, Children and Families in Need of 3346 Services; Prevention and Intervention for School Truancy and 3347 Ungovernable and Runaway Children, and chapter 985, Delinquency; 3348 Interstate Compact on Juveniles, may govern actions instituted 3349 under this act, except that actions for support under chapter 3350 39, chapter 984, or chapter 985 brought pursuant to this act 3351 shall not require any additional investigation or supervision by 3352 the department. 3353 Section 43.Paragraph (e) of subsection (1) of section 3354 419.001, Florida Statutes, is amended to read: 3355 419.001Site selection of community residential homes. 3356 (1)For the purposes of this section, the term: 3357 (e)Resident means any of the following: a frail elder as 3358 defined in s. 429.65; a person who has a disability as defined 3359 in s. 760.22(3)(a); a person who has a developmental disability 3360 as defined in s. 393.063; a nondangerous person who has a mental 3361 illness as defined in s. 394.455; or a child who is found to be 3362 dependent as defined in s. 39.01 or s. 984.03, or a child in 3363 need of services as defined in s. 984.03 or s. 985.03. 3364 Section 44.Subsection (3) of section 744.309, Florida 3365 Statutes, is amended to read: 3366 744.309Who may be appointed guardian of a resident ward. 3367 (3)DISQUALIFIED PERSONS.No person who has been convicted 3368 of a felony or who, from any incapacity or illness, is incapable 3369 of discharging the duties of a guardian, or who is otherwise 3370 unsuitable to perform the duties of a guardian, shall be 3371 appointed to act as guardian. Further, no person who has been 3372 judicially determined to have committed abuse, abandonment, or 3373 neglect against a child as defined in s. 39.01 or s. 984.03(1), 3374 (2), and (24) (37), or who has been found guilty of, regardless 3375 of adjudication, or entered a plea of nolo contendere or guilty 3376 to, any offense prohibited under s. 435.04 or similar statute of 3377 another jurisdiction, shall be appointed to act as a guardian. 3378 Except as provided in subsection (5) or subsection (6), a person 3379 who provides substantial services to the proposed ward in a 3380 professional or business capacity, or a creditor of the proposed 3381 ward, may not be appointed guardian and retain that previous 3382 professional or business relationship. A person may not be 3383 appointed a guardian if he or she is in the employ of any 3384 person, agency, government, or corporation that provides service 3385 to the proposed ward in a professional or business capacity, 3386 except that a person so employed may be appointed if he or she 3387 is the spouse, adult child, parent, or sibling of the proposed 3388 ward or the court determines that the potential conflict of 3389 interest is insubstantial and that the appointment would clearly 3390 be in the proposed wards best interest. The court may not 3391 appoint a guardian in any other circumstance in which a conflict 3392 of interest may occur. 3393 Section 45.Section 784.075, Florida Statutes, is amended 3394 to read: 3395 784.075Battery on detention or commitment facility staff 3396 or a juvenile probation officer.A person who commits a battery 3397 on a juvenile probation officer, as defined in s. 984.03 or s. 3398 985.03, on other staff of a detention center or facility as 3399 defined in s. 984.03 s. 984.03(19) or s. 985.03, or on a staff 3400 member of a commitment facility as defined in s. 985.03, commits 3401 a felony of the third degree, punishable as provided in s. 3402 775.082, s. 775.083, or s. 775.084. For purposes of this 3403 section, a staff member of the facilities listed includes 3404 persons employed by the Department of Juvenile Justice, persons 3405 employed at facilities licensed by the Department of Juvenile 3406 Justice, and persons employed at facilities operated under a 3407 contract with the Department of Juvenile Justice. 3408 Section 46.Paragraph (b) of subsection (4) of section 3409 985.618, Florida Statutes, is amended to read: 3410 985.618Educational and career-related programs. 3411 (4) 3412 (b)Evaluations of juvenile educational and career-related 3413 programs shall be conducted according to the following 3414 guidelines: 3415 1.Systematic evaluations and quality assurance monitoring 3416 shall be implemented, in accordance with s. 985.632(1), (2), and 3417 (4) (5), to determine whether the programs are related to 3418 successful postrelease adjustments. 3419 2.Operations and policies of the programs shall be 3420 reevaluated to determine if they are consistent with their 3421 primary objectives. 3422 Section 47.This act shall take effect July 1, 2025.
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