Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 700
Ì9568608Î956860
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/05/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete lines 656 - 2326
4 and insert:
5 provided in s. 984.03 means a family that has a child for whom
6 there is no pending investigation into an allegation of abuse,
7 neglect, or abandonment or no current supervision by the
8 department or the Department of Children and Family Services for
9 an adjudication of dependency or delinquency. The child must
10 also have been referred to a law enforcement agency or the
11 department for:
12 (a) Running away from parents or legal custodians;
13 (b) Persistently disobeying reasonable and lawful demands
14 of parents or legal custodians, and being beyond their control;
15 or
16 (c) Habitual truancy from school.
17 (24) “Foster care” means care provided a child in a foster
18 family or boarding home, group home, agency boarding home, child
19 care institution, or any combination thereof.
20 (25) “Habitually truant” means that:
21 (a) The child has 15 unexcused absences within 90 calendar
22 days with or without the knowledge or justifiable consent of the
23 child’s parent or legal guardian, is subject to compulsory
24 school attendance under s. 1003.21(1) and (2)(a), and is not
25 exempt under s. 1003.21(3), s. 1003.24, or any other exemptions
26 specified by law or the rules of the State Board of Education.
27 (b) Escalating activities to determine the cause, and to
28 attempt the remediation, of the child’s truant behavior under
29 ss. 1003.26 and 1003.27 have been completed.
30
31 If a child who is subject to compulsory school attendance is
32 responsive to the interventions described in ss. 1003.26 and
33 1003.27 and has completed the necessary requirements to pass the
34 current grade as indicated in the district pupil progression
35 plan, the child shall not be determined to be habitually truant
36 and shall be passed. If a child within the compulsory school
37 attendance age has 15 unexcused absences within 90 calendar days
38 or fails to enroll in school, the state attorney may file a
39 child-in-need-of-services petition. Before filing a petition,
40 the child must be referred to the appropriate agency for
41 evaluation. After consulting with the evaluating agency, the
42 state attorney may elect to file a child-in-need-of-services
43 petition.
44 (c) A school representative, designated according to school
45 board policy, and a juvenile probation officer of the department
46 have jointly investigated the truancy problem or, if that was
47 not feasible, have performed separate investigations to identify
48 conditions that could be contributing to the truant behavior;
49 and if, after a joint staffing of the case to determine the
50 necessity for services, such services were determined to be
51 needed, the persons who performed the investigations met jointly
52 with the family and child to discuss any referral to appropriate
53 community agencies for economic services, family or individual
54 counseling, or other services required to remedy the conditions
55 that are contributing to the truant behavior.
56 (d) The failure or refusal of the parent or legal guardian
57 or the child to participate, or make a good faith effort to
58 participate, in the activities prescribed to remedy the truant
59 behavior, or the failure or refusal of the child to return to
60 school after participation in activities required by this
61 subsection, or the failure of the child to stop the truant
62 behavior after the school administration and the department have
63 worked with the child as described in s. 1003.27(3) shall be
64 handled as prescribed in s. 1003.27.
65 (26) “Halfway house” means a community-based residential
66 program for 10 or more committed delinquents at the moderate
67 risk commitment level which is operated or contracted by the
68 department.
69 (24)(27) “Intake” means the initial acceptance and
70 screening by the department or juvenile assessment center
71 personnel of a complaint or a law enforcement report or probable
72 cause affidavit of delinquency, family in need of services, or
73 child in need of services to determine the recommendation to be
74 taken in the best interests of the child, the family, and the
75 community. The emphasis of intake is on diversion and the least
76 restrictive available services and. Consequently, intake
77 includes such alternatives such as:
78 (a) The disposition of the complaint, report, or probable
79 cause affidavit without court or public agency action or
80 judicial handling, if when appropriate.
81 (b) The referral of the child to another public or private
82 agency, if when appropriate.
83 (c) The recommendation by the department juvenile probation
84 officer of judicial handling, if when appropriate and warranted.
85 (25)(28) “Judge” means the circuit judge exercising
86 jurisdiction pursuant to this chapter.
87 (26)(29) “Juvenile justice continuum” includes, but is not
88 limited to, delinquency prevention programs and services
89 designed for the purpose of preventing or reducing delinquent
90 acts, including criminal activity by criminal gangs, and
91 juvenile arrests, as well as programs and services targeted at
92 children who have committed delinquent acts, and children who
93 have previously been committed to residential treatment programs
94 for delinquents. The term includes children-in-need-of-services
95 and families-in-need-of-services programs under chapter 984;
96 conditional release; substance abuse and mental health programs;
97 educational and career programs; recreational programs;
98 community services programs; community service work programs;
99 mother-infant programs; and alternative dispute resolution
100 programs serving children at risk of delinquency and their
101 families, whether offered or delivered by state or local
102 governmental entities, public or private for-profit or not-for
103 profit organizations, or religious or charitable organizations.
104 (27)(30) “Juvenile probation officer” means the authorized
105 agent of the department who performs the intake, case
106 management, or supervision functions.
107 (28)(31) “Legal custody or guardian” means a legal status
108 created by court order or letter of guardianship which vests in
109 a custodian of the person or guardian, whether an agency or an
110 individual, the right to have physical custody of the child and
111 the right and duty to protect, train, and discipline the child
112 and to provide him or her with food, shelter, education, and
113 ordinary medical, dental, psychiatric, and psychological care.
114 (29)(32) “Licensed child-caring agency” means a person,
115 society, association, or agency licensed by the Department of
116 Children and Families Family Services to care for, receive, and
117 board children.
118 (30)(33) “Licensed health care professional” means a
119 physician licensed under chapter 458, an osteopathic physician
120 licensed under chapter 459, a nurse licensed under part I of
121 chapter 464, a physician assistant licensed under chapter 458 or
122 chapter 459, or a dentist licensed under chapter 466.
123 (31)(34) “Likely to injure oneself” means that, as
124 evidenced by violent or other actively self-destructive
125 behavior, it is more likely than not that within a 24-hour
126 period the child will attempt to commit suicide or inflict
127 serious bodily harm on himself or herself.
128 (32)(35) “Likely to injure others” means that it is more
129 likely than not that within a 24-hour period the child will
130 inflict serious and unjustified bodily harm on another person.
131 (33)(36) “Mediation” means a process whereby a neutral
132 third person called a mediator acts to encourage and facilitate
133 the resolution of a dispute between two or more parties. It is
134 an informal and nonadversarial process with the objective of
135 helping the disputing parties reach a mutually acceptable and
136 voluntary agreement. In mediation, decisionmaking authority
137 rests with the parties. The role of the mediator includes, but
138 is not limited to, assisting the parties in identifying issues,
139 fostering joint problem solving, and exploring settlement
140 alternatives.
141 (34)(37) “Mother-infant program” means a residential
142 program designed to serve the needs of juvenile mothers or
143 expectant juvenile mothers who are committed as delinquents,
144 which is operated or contracted by the department. A mother
145 infant program facility must be licensed as a child care
146 facility under s. 402.308 and must provide the services and
147 support necessary to enable each juvenile mother committed to
148 the facility to provide for the needs of her infant infants who,
149 upon agreement of the mother, may accompany her in the program.
150 (35)(38) “Necessary medical treatment” means care that
151 which is necessary within a reasonable degree of medical
152 certainty to prevent the deterioration of a child’s condition or
153 to alleviate immediate pain of a child.
154 (36)(39) “Next of kin” means an adult relative of a child
155 who is the child’s brother, sister, grandparent, aunt, uncle, or
156 first cousin.
157 (37)(40) “Ordinary medical care” means medical procedures
158 that are administered or performed on a routine basis and
159 includes, but is include, but are not limited to, inoculations,
160 physical examinations, remedial treatment for minor illnesses
161 and injuries, preventive services, medication management,
162 chronic disease detection and treatment, and other medical
163 procedures that are administered or performed on a routine basis
164 and that do not involve hospitalization, surgery, the use of
165 general anesthesia, or the provision of psychotropic
166 medications.
167 (38)(41) “Parent” means a woman who gives birth to a child
168 and a man whose consent to the adoption of the child would be
169 required under s. 63.062(1). If a child has been legally
170 adopted, the term “parent” means the adoptive mother or father
171 of the child. The term does not include an individual whose
172 parental relationship to a the child has been legally
173 terminated, or an alleged or prospective parent, unless the
174 parental status falls within the terms of either s. 39.503(1) or
175 s. 63.062(1).
176 (39)(42) “Preliminary screening” means the gathering of
177 preliminary information to be used in determining a child’s need
178 for further evaluation or assessment or for referral for other
179 substance abuse services through means such as psychosocial
180 interviews,; urine and breathalyzer screenings,; and reviews of
181 available educational, delinquency, and dependency records of
182 the child.
183 (40) “Prevention” means programs, strategies, initiatives,
184 and networks designed to keep children from making initial or
185 further contact with the juvenile justice system.
186 (43) “Preventive services” means social services and other
187 supportive and rehabilitative services provided to the parent of
188 the child, the legal guardian of the child, or the custodian of
189 the child and to the child for the purpose of averting the
190 removal of the child from the home or disruption of a family
191 which will or could result in the placement of a child in foster
192 care. Social services and other supportive and rehabilitative
193 services shall promote the child’s need for a safe, continuous,
194 stable living environment and shall promote family autonomy and
195 shall strengthen family life as the first priority whenever
196 possible.
197 (41)(44) “Probation” means the legal status of probation
198 created by law and court order in cases involving a child who
199 has been found to have committed a delinquent act. Probation is
200 an individualized program in which the freedom of the child is
201 limited and the child is restricted to noninstitutional quarters
202 or restricted to the child’s home in lieu of commitment to the
203 custody of the department. Youth on probation may be assessed
204 and classified for placement in day-treatment probation programs
205 designed for youth who represent a minimum risk to themselves
206 and public safety and who do not require placement and services
207 in a residential setting.
208 (42)(45) “Relative” means a grandparent, great-grandparent,
209 sibling, first cousin, aunt, uncle, great-aunt, great-uncle,
210 niece, or nephew, whether related by the whole or half blood, by
211 affinity, or by adoption. The term does not include a
212 stepparent.
213 (43)(46) “Restrictiveness level” means the level of
214 programming and security provided by programs that service the
215 supervision, custody, care, and treatment needs of committed
216 children. Sections 985.601(10) and 985.721 apply to children
217 placed in programs at any residential commitment level. The
218 restrictiveness levels of commitment are as follows:
219 (a) Minimum-risk nonresidential.—Programs or program models
220 at this commitment level work with youth who remain in the
221 community and participate at least 5 days per week in a day
222 treatment day treatment program. Youth assessed and classified
223 for programs at this commitment level represent a minimum risk
224 to themselves and public safety and do not require placement and
225 services in residential settings. Youth in this level have full
226 access to, and reside in, the community. Youth who have been
227 found to have committed delinquent acts that involve firearms,
228 that are sexual offenses, or that would be life felonies or
229 first-degree first degree felonies if committed by an adult may
230 not be committed to a program at this level.
231 (b) Low-risk residential.—Programs or program models at
232 this commitment level are residential but may allow youth to
233 have unsupervised access to the community. Residential
234 facilities shall have no more than 165 beds each, including
235 campus-style programs, unless those campus-style programs
236 include more than one level of restrictiveness, provide
237 multilevel education and treatment programs using different
238 treatment protocols, and have facilities that coexist separately
239 in distinct locations on the same property. Youth assessed and
240 classified for placement in programs at this commitment level
241 represent a low risk to themselves and public safety but do
242 require placement and services in residential settings. Children
243 who have been found to have committed delinquent acts that
244 involve firearms, delinquent acts that are sexual offenses, or
245 delinquent acts that would be life felonies or first degree
246 felonies if committed by an adult shall not be committed to a
247 program at this level.
248 (b)(c) Nonsecure Moderate-risk residential.—Programs or
249 program models at this commitment level are residential but may
250 allow youth to have supervised access to the community.
251 Facilities at this commitment level are either environmentally
252 secure or, staff secure, or are hardware secure hardware-secure
253 with walls, fencing, or locking doors. Residential facilities at
254 this commitment level may shall have up to 90 no more than 165
255 beds each, including campus-style programs, unless those campus
256 style programs include more than one level of restrictiveness,
257 provide multilevel education and treatment program programs
258 using different treatment protocols, and have facilities that
259 coexist separately in distinct locations on the same property.
260 Facilities at this commitment level shall provide 24-hour awake
261 supervision, custody, care, and treatment of residents. Youth
262 assessed and classified for placement in programs at this
263 commitment level represent a low or moderate risk to public
264 safety and require close supervision. The staff at a facility at
265 this commitment level may seclude a child who is a physical
266 threat to himself, or herself, or others. Mechanical restraint
267 may also be used when necessary.
268 (c)(d) High-risk residential.—Programs or program models at
269 this commitment level are residential and do not allow youth to
270 have access to the community, except that temporary release
271 providing community access for up to 72 continuous hours may be
272 approved by a court for a youth who has made successful progress
273 in his or her program so that in order for the youth may respond
274 to attend a family emergency or, during the final 60 days of his
275 or her placement, to visit his or her home, enroll in school or
276 a career and technical education vocational program, complete a
277 job interview, or participate in a community service project.
278 High-risk residential facilities are hardware secure hardware
279 secure with perimeter fencing and locking doors. Residential
280 facilities at this commitment level may shall have up to 90 no
281 more than 165 beds each, including campus-style programs, unless
282 those campus-style programs include more than one level of
283 restrictiveness, provide multilevel education and treatment
284 program programs using different treatment protocols, and have
285 facilities that coexist separately in distinct locations on the
286 same property. Facilities at this commitment level shall provide
287 24-hour awake supervision, custody, care, and treatment of
288 residents. Youth assessed and classified for this level of
289 placement require close supervision in a structured residential
290 setting. Placement in programs at this level is prompted by a
291 concern for public safety which that outweighs placement in
292 programs at lower commitment levels. The staff at a facility at
293 this commitment level may seclude a child who is a physical
294 threat to himself, or herself, or others. Mechanical restraint
295 may also be used when necessary. The facility shall may provide
296 for single cell occupancy, except that youth may be housed
297 together during prerelease transition.
298 (d)(e) Maximum-risk residential.—Programs or program models
299 at this commitment level include juvenile correctional
300 facilities and juvenile prisons. The programs at this commitment
301 level are long-term residential and do not allow youth to have
302 access to the community. Facilities at this commitment level are
303 maximum-custody and hardware secure, hardware-secure with
304 perimeter security fencing and locking doors. Residential
305 facilities at this commitment level may shall have up to 90 no
306 more than 165 beds each, including campus-style programs, unless
307 those campus-style programs include more than one level of
308 restrictiveness, provide multilevel education and treatment
309 program programs using different treatment protocols, and have
310 facilities that coexist separately in distinct locations on the
311 same property. Facilities at this commitment level shall provide
312 24-hour awake supervision, custody, care, and treatment of
313 residents. The staff at a facility at this commitment level may
314 seclude a child who is a physical threat to himself, or herself,
315 or others. Mechanical restraint may also be used when necessary.
316 Facilities at this commitment level The facility shall provide
317 for single cell occupancy, except that youth may be housed
318 together during prerelease transition. Youth assessed and
319 classified for this level of placement require close supervision
320 in a maximum security residential setting. Placement in a
321 program at this level is prompted by a demonstrated need to
322 protect the public.
323 (44)(47) “Respite” means a placement that is available for
324 the care, custody, and placement of a youth charged with
325 domestic violence as an alternative to secure detention or for
326 placement of a youth when a shelter bed for a child in need of
327 services or a family in need of services is unavailable.
328 (45)(48) “Secure detention center or facility” means a
329 physically restricting facility for the temporary care of
330 children, pending adjudication, disposition, or placement.
331 (46)(49) “Shelter” means a place for the temporary care of
332 a child who is alleged to be or who has been found to be
333 delinquent.
334 (50) “Shelter hearing” means a hearing provided for under
335 s. 984.14 in family-in-need-of-services cases or child-in-need
336 of-services cases.
337 (51) “Staff-secure shelter” means a facility in which a
338 child is supervised 24 hours a day by staff members who are
339 awake while on duty. The facility is for the temporary care and
340 assessment of a child who has been found to be dependent, who
341 has violated a court order and been found in contempt of court,
342 or whom the Department of Children and Family Services is unable
343 to properly assess or place for assistance within the continuum
344 of services provided for dependent children.
345 (47)(52) “Substance abuse” means using, without medical
346 reason, any psychoactive or mood-altering drug, including
347 alcohol, in such a manner as to induce impairment resulting in
348 dysfunctional social behavior.
349 (48)(53) “Taken into custody” means the status of a child
350 immediately when temporary physical control over the child is
351 attained by a person authorized by law, pending the child’s
352 release, detention, placement, or other disposition as
353 authorized by law.
354 (49)(54) “Temporary legal custody” means the relationship
355 that a juvenile court creates between a child and an adult
356 relative of the child, adult nonrelative approved by the court,
357 or other person until a more permanent arrangement is ordered.
358 Temporary legal custody confers upon the custodian the right to
359 have temporary physical custody of the child and the right and
360 duty to protect, train, and discipline the child and to provide
361 the child with food, shelter, and education, and ordinary
362 medical, dental, psychiatric, and psychological care, unless
363 these rights and duties are otherwise enlarged or limited by the
364 court order establishing the temporary legal custody
365 relationship.
366 (50)(55) “Temporary release” means the terms and conditions
367 under which a child is temporarily released from a residential
368 commitment facility or allowed home visits. If the temporary
369 release is from a nonsecure moderate-risk residential facility,
370 a high-risk residential facility, or a maximum-risk residential
371 facility, the terms and conditions of the temporary release must
372 be approved by the child, the court, and the facility. The term
373 includes periods during which the child is supervised pursuant
374 to a conditional release program or a period during which the
375 child is supervised by a juvenile probation officer or other
376 nonresidential staff of the department or staff employed by an
377 entity under contract with the department.
378 (51)(56) “Transition-to-adulthood services” means services
379 that are provided for youth in the custody of the department or
380 under the supervision of the department and that have the
381 objective of instilling the knowledge, skills, and aptitudes
382 essential to a socially integrated, self-supporting adult life.
383 The services may include, but are not limited to:
384 (a) Assessment of the youth’s ability and readiness for
385 adult life.
386 (b) A plan for the youth to acquire the knowledge,
387 information, and counseling necessary to make a successful
388 transition to adulthood.
389 (c) Services that have proven effective toward achieving
390 the transition to adulthood.
391 (52) “Trauma-informed care” means the provision of services
392 to children with a history of trauma in a manner that recognizes
393 the symptoms and acknowledges the role the trauma has played in
394 the child’s life. Trauma may include, but is not limited to,
395 community and school violence, physical or sexual abuse,
396 neglect, medical difficulties, and domestic violence.
397 (53)(57) “Violation of law” or “delinquent act” means a
398 violation of any law of this state, the United States, or any
399 other state which is a misdemeanor or a felony or a violation of
400 a county or municipal ordinance which would be punishable by
401 incarceration if the violation were committed by an adult.
402 (54)(58) “Waiver hearing” means a hearing provided for
403 under s. 985.556(4).
404 Section 4. Subsections (4) and (5) of section 985.0301,
405 Florida Statutes, are amended to read:
406 985.0301 Jurisdiction.—
407 (4)(a) Petitions alleging delinquency shall be filed in the
408 county where the delinquent act or violation of law occurred.,
409 but The circuit court for that county may transfer the case to
410 the circuit court of the circuit in which the child resides or
411 will reside at the time of detention or placement for
412 dispositional purposes. A child who has been detained may shall
413 be transferred to the appropriate detention center or facility
414 in the circuit in which the child resides or will reside at the
415 time of detention or other placement directed by the receiving
416 court.
417 (b) The jurisdiction to be exercised by the court when a
418 child is taken into custody before the filing of a petition
419 under subsection (2) shall be exercised by the circuit court for
420 the county in which the child is taken into custody, and such
421 court has which court shall have personal jurisdiction of the
422 child and the child’s parent or legal guardian. If the child has
423 been detained, upon the filing of a petition in the appropriate
424 circuit court, the court that is exercising initial personal
425 jurisdiction of the person of the child shall, if the child has
426 been detained, immediately order the child to be transferred to
427 the detention center or facility or other placement as ordered
428 by the court having subject matter jurisdiction of the case.
429 (5)(a) Notwithstanding s. 743.07, ss. 743.07, 985.43,
430 985.433, 985.435, 985.439, and 985.441, and except as provided
431 in paragraphs (b) and (c) ss. 985.461 and 985.465 and paragraph
432 (f), when the jurisdiction of a any child who is alleged to have
433 committed a delinquent act or violation of law is obtained, the
434 court retains shall retain jurisdiction to dispose the case,
435 unless relinquished by its order, until the child reaches 19
436 years of age, with the same power over the child which the court
437 had before the child became an adult. For the purposes of s.
438 985.461, the court may retain jurisdiction for an additional 365
439 days following the child’s 19th birthday if the child is
440 participating in transition-to-adulthood services. The
441 additional services do not extend involuntary court-sanctioned
442 residential commitment and therefore require voluntary
443 participation by the affected youth.
444 (b) Unless relinquished by its own order, the court retains
445 jurisdiction over a child on probation until the child reaches
446 19 years of age Notwithstanding ss. 743.07 and 985.455(3), the
447 term of any order placing a child in a probation program must be
448 until the child’s 19th birthday unless he or she is released by
449 the court on the motion of an interested party or on his or her
450 own motion.
451 (c) Unless relinquished by its own order, the court retains
452 jurisdiction over a child committed to the department until the
453 child reaches 21 years of age, specifically for the purpose of
454 allowing the child to complete the department’s commitment
455 program, including conditional release supervision.
456 (d) The court retains jurisdiction over a juvenile sex
457 offender as defined in s. 985.475 who has been placed in a
458 community-based treatment alternative program with supervision
459 or in a program or facility for juvenile sex offenders pursuant
460 to s. 985.48 until the juvenile sex offender reaches 21 years of
461 age, specifically for the purpose of completing the program.
462 (c) Notwithstanding ss. 743.07 and 985.455(3), the term of
463 the commitment must be until the child is discharged by the
464 department or until he or she reaches the age of 21 years.
465 Notwithstanding ss. 743.07, 985.435, 985.437, 985.439, 985.441,
466 985.455, and 985.513, and except as provided in this section, a
467 child may not be held under a commitment from a court under s.
468 985.439, s. 985.441(1)(a) or (b), or s. 985.455 after becoming
469 21 years of age.
470 (d) The court may retain jurisdiction over a child
471 committed to the department for placement in a juvenile prison
472 or in a high-risk or maximum-risk residential commitment program
473 to allow the child to participate in a juvenile conditional
474 release program pursuant to s. 985.46. The jurisdiction of the
475 court may not be retained after the child’s 22nd birthday.
476 However, if the child is not successful in the conditional
477 release program, the department may use the transfer procedure
478 under s. 985.441(4).
479 (e) The court may retain jurisdiction over a child
480 committed to the department for placement in an intensive
481 residential treatment program for 10-year-old to 13-year-old
482 offenders, in the residential commitment program in a juvenile
483 prison or in a residential sex offender program until the child
484 reaches the age of 21. If the court exercises this jurisdiction
485 retention, it shall do so solely for the purpose of the child
486 completing the intensive residential treatment program for 10
487 year-old to 13-year-old offenders, in the residential commitment
488 program in a juvenile prison, or in a residential sex offender
489 program. Such jurisdiction retention does not apply for other
490 programs, other purposes, or new offenses.
491 (f) The court may retain jurisdiction over a child
492 committed to a juvenile correctional facility or a juvenile
493 prison until the child reaches the age of 21 years, specifically
494 for the purpose of allowing the child to complete such program.
495 (g) The court may retain jurisdiction over a juvenile
496 sexual offender who has been placed in a program or facility for
497 juvenile sexual offenders until the juvenile sexual offender
498 reaches the age of 21, specifically for the purpose of
499 completing the program.
500 (e)(h) The court may retain jurisdiction over a child and
501 the child’s parent or legal guardian whom the court has ordered
502 to pay restitution until the restitution order is satisfied. To
503 retain jurisdiction, the court shall enter a restitution order,
504 which is separate from any disposition or order of commitment,
505 on or before prior to the date that the court’s jurisdiction
506 would cease under this section. The contents of the restitution
507 order are shall be limited to the child’s name and address, the
508 name and address of the parent or legal guardian, the name and
509 address of the payee, the case number, the date and amount of
510 restitution ordered, any amount of restitution paid, the amount
511 of restitution due and owing, and a notation that costs,
512 interest, penalties, and attorney fees may also be due and
513 owing. The terms of the restitution order are subject to s.
514 775.089(5).
515 (f)(i) This subsection does not prevent the exercise of
516 jurisdiction by any court having jurisdiction of the child if
517 the child, after becoming an adult, commits a violation of law.
518 Section 5. Subsections (2) and (4) of section 985.037,
519 Florida Statutes, are amended to read:
520 985.037 Punishment for contempt of court; alternative
521 sanctions.—
522 (2) PLACEMENT IN A SECURE DETENTION FACILITY.—A child may
523 be placed in a secure detention facility for purposes of
524 punishment for contempt of court if alternative sanctions are
525 unavailable or inappropriate, or if the child has already been
526 ordered to serve an alternative sanction but failed to comply
527 with the sanction. A delinquent child who has been held in
528 direct or indirect contempt may be placed in a secure detention
529 facility for up to not to exceed 5 days for a first offense and
530 up to not to exceed 15 days for a second or subsequent offense.
531 (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE
532 PROCESS.—
533 (a) If a child is charged with direct contempt of court,
534 including traffic court, the court may impose an authorized
535 sanction immediately. The court must hold a hearing to determine
536 if the child committed direct contempt. Due process must be
537 afforded to the child during such hearing.
538 (b) If a child is charged with indirect contempt of court,
539 the court must hold a hearing within 24 hours to determine
540 whether the child committed indirect contempt of a valid court
541 order. At the hearing, the following due process rights must be
542 provided to the child:
543 1. Right to a copy of the order to show cause alleging
544 facts supporting the contempt charge.
545 2. Right to an explanation of the nature and the
546 consequences of the proceedings.
547 3. Right to legal counsel and the right to have legal
548 counsel appointed by the court if the juvenile is indigent,
549 under s. 985.033.
550 4. Right to confront witnesses.
551 5. Right to present witnesses.
552 6. Right to have a transcript or record of the proceeding.
553 7. Right to appeal to an appropriate court.
554
555 The child’s parent or guardian may address the court regarding
556 the due process rights of the child. Upon motion by the defense
557 or state attorney, the court shall review the placement of the
558 child every 72 hours to determine whether it is appropriate for
559 the child to remain in the facility.
560 (c) The court may not order that a child be placed in a
561 secure detention facility as for punishment for contempt unless
562 the court determines that an alternative sanction is
563 inappropriate or unavailable or that the child was initially
564 ordered to an alternative sanction and did not comply with the
565 alternative sanction. The court is encouraged to order a child
566 to perform community service, up to the maximum number of hours,
567 if where appropriate before ordering that the child be placed in
568 a secure detention facility as punishment for contempt of court.
569 (d) In addition to any other sanction imposed under this
570 section, the court may direct the Department of Highway Safety
571 and Motor Vehicles to withhold issuance of, or suspend, a
572 child’s driver driver’s license or driving privilege. The court
573 may order that a child’s driver driver’s license or driving
574 privilege be withheld or suspended for up to 1 year for a first
575 offense of contempt and up to 2 years for a second or subsequent
576 offense. If the child’s driver driver’s license or driving
577 privilege is suspended or revoked for any reason at the time the
578 sanction for contempt is imposed, the court shall extend the
579 period of suspension or revocation by the additional period
580 ordered under this paragraph. If the child’s driver driver’s
581 license is being withheld at the time the sanction for contempt
582 is imposed, the period of suspension or revocation ordered under
583 this paragraph shall begin on the date on which the child is
584 otherwise eligible to drive.
585 Section 6. Section 985.105, Florida Statutes, is repealed.
586 Section 7. Subsection (1) of section 985.11, Florida
587 Statutes, is amended to read:
588 985.11 Fingerprinting and photographing.—
589 (1)(a) A child who is charged with or found to have
590 committed an offense that would be a felony if committed by an
591 adult shall be fingerprinted, and the fingerprints shall must be
592 submitted to the Department of Law Enforcement as provided in s.
593 943.051(3)(a).
594 (b) Unless the child is issued a civil citation or
595 participating in a similar diversion program pursuant to s.
596 985.12, a child who is charged with or found to have committed
597 one of the following offenses shall be fingerprinted, and the
598 fingerprints shall be submitted to the Department of Law
599 Enforcement as provided in s. 943.051(3)(b):
600 1. Assault, as defined in s. 784.011.
601 2. Battery, as defined in s. 784.03.
602 3. Carrying a concealed weapon, as defined in s. 790.01(1).
603 4. Unlawful use of destructive devices or bombs, as defined
604 in s. 790.1615(1).
605 5. Neglect of a child, as defined in s. 827.03(1)(e).
606 6. Assault on a law enforcement officer, a firefighter, or
607 other specified officers, as defined in s. 784.07(2)(a).
608 7. Open carrying of a weapon, as defined in s. 790.053.
609 8. Exposure of sexual organs, as defined in s. 800.03.
610 9. Unlawful possession of a firearm, as defined in s.
611 790.22(5).
612 10. Petit theft, as defined in s. 812.014.
613 11. Cruelty to animals, as defined in s. 828.12(1).
614 12. Arson, resulting in bodily harm to a firefighter, as
615 defined in s. 806.031(1).
616 13. Unlawful possession or discharge of a weapon or firearm
617 at a school-sponsored event or on school property as defined in
618 s. 790.115.
619
620 A law enforcement agency may fingerprint and photograph a child
621 taken into custody upon probable cause that such child has
622 committed any other violation of law, as the agency deems
623 appropriate. Such fingerprint records and photographs shall be
624 retained by the law enforcement agency in a separate file, and
625 these records and all copies thereof must be marked “Juvenile
626 Confidential.” These records are not available for public
627 disclosure and inspection under s. 119.07(1) except as provided
628 in ss. 943.053 and 985.04(2), but are shall be available to
629 other law enforcement agencies, criminal justice agencies, state
630 attorneys, the courts, the child, the parents or legal
631 custodians of the child, their attorneys, and any other person
632 authorized by the court to have access to such records. In
633 addition, such records may be submitted to the Department of Law
634 Enforcement for inclusion in the state criminal history records
635 and used by criminal justice agencies for criminal justice
636 purposes. These records may, in the discretion of the court, be
637 open to inspection by anyone upon a showing of cause. The
638 fingerprint and photograph records shall be produced in the
639 court whenever directed by the court. Any photograph taken
640 pursuant to this section may be shown by a law enforcement
641 officer to any victim or witness of a crime for the purpose of
642 identifying the person who committed such crime.
643 (c) The court is shall be responsible for the
644 fingerprinting of a any child at the disposition hearing if the
645 child has been adjudicated or had adjudication withheld for any
646 felony in the case currently before the court.
647 Section 8. Subsection (2) of section 985.14, Florida
648 Statutes, is amended to read:
649 985.14 Intake and case management system.—
650 (2) The intake process shall be performed by the department
651 or juvenile assessment center personnel through a case
652 management system. The purpose of the intake process is to
653 assess the child’s needs and risks and to determine the most
654 appropriate treatment plan and setting for the child’s
655 programmatic needs and risks. The intake process consists of an
656 initial assessment and may be followed by a full mental health,
657 substance abuse, or psychosexual evaluation. The intake process
658 shall result in choosing the most appropriate services through a
659 balancing of the interests and needs of the child with those of
660 the family and the community public. The juvenile probation
661 officer shall make be responsible for making informed decisions
662 and recommendations to other agencies, the state attorney, and
663 the courts so that the child and family may receive the least
664 intrusive service alternative throughout the judicial process.
665 The department shall establish uniform procedures through which
666 for the juvenile probation officer may to provide a preliminary
667 screening of the child and family for substance abuse and mental
668 health services before prior to the filing of a petition or as
669 soon as possible thereafter and before prior to a disposition
670 hearing.
671 Section 9. Section 985.145, Florida Statutes, is amended to
672 read:
673 985.145 Responsibilities of the department juvenile
674 probation officer during intake; screenings and assessments.—
675 (1) The department juvenile probation officer shall serve
676 as the primary case manager for the purpose of managing,
677 coordinating, and monitoring the services provided to the child.
678 Each program administrator within the Department of Children and
679 Families Family Services shall cooperate with the primary case
680 manager in carrying out the duties and responsibilities
681 described in this section. In addition to duties specified in
682 other sections and through departmental rules, the department
683 assigned juvenile probation officer shall be responsible for the
684 following:
685 (a) Reviewing probable cause affidavit.—The department
686 juvenile probation officer shall make a preliminary
687 determination as to whether the report, affidavit, or complaint
688 is complete, consulting with the state attorney as may be
689 necessary. A report, affidavit, or complaint alleging that a
690 child has committed a delinquent act or violation of law shall
691 be made to the intake office operating in the county in which
692 the child is found or in which the delinquent act or violation
693 of law occurred. Any person or agency having knowledge of the
694 facts may make such a written report, affidavit, or complaint
695 and shall furnish to the intake office facts sufficient to
696 establish the jurisdiction of the court and to support a finding
697 by the court that the child has committed a delinquent act or
698 violation of law.
699 (b) Notification concerning apparent insufficiencies in
700 probable cause affidavit.—In any case where the department
701 juvenile probation officer or the state attorney finds that the
702 report, affidavit, or complaint is insufficient by the standards
703 for a probable cause affidavit, the department juvenile
704 probation officer or state attorney shall return the report,
705 affidavit, or complaint, without delay, to the person or agency
706 originating the report, affidavit, or complaint or having
707 knowledge of the facts or to the appropriate law enforcement
708 agency having investigative jurisdiction of the offense, and
709 shall request, and the person or agency shall promptly furnish,
710 additional information in order to comply with the standards for
711 a probable cause affidavit.
712 (c) Screening.—During the intake process, the department
713 juvenile probation officer shall screen each child or shall
714 cause each child to be screened in order to determine:
715 1. Appropriateness for release; referral to a diversionary
716 program, including, but not limited to, a teen court program;
717 referral for community arbitration; or referral to some other
718 program or agency for the purpose of nonofficial or nonjudicial
719 handling.
720 2. The presence of medical, psychiatric, psychological,
721 substance abuse, educational, or career and technical education
722 vocational problems, or other conditions that may have caused
723 the child to come to the attention of law enforcement or the
724 department. The child shall also be screened to determine
725 whether the child poses a danger to himself or herself or others
726 in the community. The results of this screening shall be made
727 available to the court and to court officers. In cases where
728 such conditions are identified and a nonjudicial handling of the
729 case is chosen, the department juvenile probation officer shall
730 attempt to refer the child to a program or agency, together with
731 all available and relevant assessment information concerning the
732 child’s precipitating condition.
733 (d) Completing risk assessment instrument.—The department
734 juvenile probation officer shall ensure that a risk assessment
735 instrument establishing the child’s eligibility for detention
736 has been accurately completed and that the appropriate
737 recommendation was made to the court.
738 (e) Rights.—The department juvenile probation officer shall
739 inquire as to whether the child understands his or her rights to
740 counsel and against self-incrimination.
741 (f) Multidisciplinary assessment.—The department juvenile
742 probation officer shall coordinate the multidisciplinary
743 assessment when required, which includes the classification and
744 placement process that determines the child’s priority needs,
745 risk classification, and treatment plan. If When sufficient
746 evidence exists to warrant a comprehensive assessment and the
747 child fails to voluntarily participate in the assessment
748 efforts, the department juvenile probation officer shall inform
749 the court of the need for the assessment and the refusal of the
750 child to participate in such assessment. This assessment,
751 classification, and placement process shall develop into the
752 predisposition report.
753 (g) Comprehensive assessment.—The juvenile probation
754 officer, Pursuant to uniform procedures established by the
755 department and upon determining that the report, affidavit, or
756 complaint is complete, the department shall:
757 1. Perform the preliminary screening and make referrals for
758 a comprehensive assessment regarding the child’s need for
759 substance abuse treatment services, mental health services,
760 intellectual disability services, literacy services, or other
761 educational or treatment services.
762 2. If indicated by the preliminary screening, provide for a
763 comprehensive assessment of the child and family for substance
764 abuse problems, using community-based licensed programs with
765 clinical expertise and experience in the assessment of substance
766 abuse problems.
767 3. If indicated by the preliminary screening, provide for a
768 comprehensive assessment of the child and family for mental
769 health problems, using community-based psychologists,
770 psychiatrists, or other licensed mental health professionals who
771 have clinical expertise and experience in the assessment of
772 mental health problems.
773 (h) Referrals for services.—The department juvenile
774 probation officer shall make recommendations for services and
775 facilitate the delivery of those services to the child,
776 including any mental health services, educational services,
777 family counseling services, family assistance services, and
778 substance abuse services.
779 (i) Recommendation concerning a petition.—Upon determining
780 that the report, affidavit, or complaint complies with the
781 standards of a probable cause affidavit and that the interests
782 of the child and the public will be best served, the department
783 juvenile probation officer may recommend that a delinquency
784 petition not be filed. If such a recommendation is made, the
785 department juvenile probation officer shall advise in writing
786 the person or agency making the report, affidavit, or complaint,
787 the victim, if any, and the law enforcement agency having
788 investigative jurisdiction over the offense of the
789 recommendation; the reasons therefor; and that the person or
790 agency may submit, within 10 days after the receipt of such
791 notice, the report, affidavit, or complaint to the state
792 attorney for special review. The state attorney, upon receiving
793 a request for special review, shall consider the facts presented
794 by the report, affidavit, or complaint, and by the department
795 juvenile probation officer who made the recommendation that no
796 petition be filed, before making a final decision as to whether
797 a petition or information should or should not be filed.
798 (j) Completing intake report.—Subject to the interagency
799 agreement authorized under this paragraph, the department the
800 juvenile probation officer for each case in which a child is
801 alleged to have committed a violation of law or delinquent act
802 and is not detained shall submit a written report to the state
803 attorney for each case in which a child is alleged to have
804 committed a violation of law or delinquent act and is not
805 detained. The report shall be submitted within 20 days after the
806 date the child is taken into custody and must include, including
807 the original police report, complaint, or affidavit, or a copy
808 thereof, and including a copy of the child’s prior juvenile
809 record, within 20 days after the date the child is taken into
810 custody. In cases in which the child is in detention, the intake
811 office report must be submitted within 24 hours after the child
812 is placed into detention. The intake office report may include a
813 recommendation that a petition or information be filed or that
814 no petition or information be filed and may set forth reasons
815 for the recommendation. The state attorney and the department
816 may, on a district-by-district basis, enter into interagency
817 agreements denoting the cases that will require a recommendation
818 and those for which a recommendation is unnecessary.
819 (2) Before Prior to requesting that a delinquency petition
820 be filed or before prior to filing a dependency petition, the
821 department juvenile probation officer may request the parent or
822 legal guardian of the child to attend a course of instruction in
823 parenting skills, training in conflict resolution, and the
824 practice of nonviolence; to accept counseling; or to receive
825 other assistance from any agency in the community which notifies
826 the clerk of the court of the availability of its services. If
827 Where appropriate, the department juvenile probation officer
828 shall request both parents or guardians to receive such parental
829 assistance. The department juvenile probation officer may, in
830 determining whether to request that a delinquency petition be
831 filed, take into consideration the willingness of the parent or
832 legal guardian to comply with such request. The parent or
833 guardian must provide the department juvenile probation officer
834 with identifying information, including the parent’s or
835 guardian’s name, address, date of birth, social security number,
836 and driver driver’s license number or identification card number
837 in order to comply with s. 985.039.
838 (3) If When indicated by the comprehensive assessment, the
839 department is authorized to contract within appropriated funds
840 for services with a local nonprofit community mental health or
841 substance abuse agency licensed or authorized under chapter 394
842 or chapter 397 or other authorized nonprofit social service
843 agency providing related services. The determination of mental
844 health or substance abuse services shall be conducted in
845 coordination with existing programs providing mental health or
846 substance abuse services in conjunction with the intake office.
847 (4) Client information resulting from the screening and
848 evaluation shall be documented under rules of the department and
849 shall serve to assist the department juvenile probation officer
850 in providing the most appropriate services and recommendations
851 in the least intrusive manner. Such client information shall be
852 used in the multidisciplinary assessment and classification of
853 the child, but such information, and any information obtained
854 directly or indirectly through the assessment process, is
855 inadmissible in court before prior to the disposition hearing,
856 unless the child’s written consent is obtained. At the
857 disposition hearing, documented client information shall serve
858 to assist the court in making the most appropriate custody,
859 adjudicatory, and dispositional decision.
860 (5) If the screening and assessment indicate that the
861 interests of the child and the public will be best served, the
862 department juvenile probation officer, with the approval of the
863 state attorney, may refer the child for care, diagnostic, and
864 evaluation services; substance abuse treatment services; mental
865 health services; intellectual disability services; a
866 diversionary, arbitration, or mediation program; community
867 service work; or other programs or treatment services
868 voluntarily accepted by the child and the child’s parents or
869 legal guardian. If a child volunteers to participate in any work
870 program under this chapter or volunteers to work in a specified
871 state, county, municipal, or community service organization
872 supervised work program or to work for the victim, the child is
873 considered an employee of the state for the purposes of
874 liability. In determining the child’s average weekly wage,
875 unless otherwise determined by a specific funding program, all
876 remuneration received from the employer is considered a
877 gratuity, and the child is not entitled to any benefits
878 otherwise payable under s. 440.15 regardless of whether the
879 child may be receiving wages and remuneration from other
880 employment with another employer and regardless of the child’s
881 future wage-earning capacity.
882 (6) The victim, if any, and the law enforcement agency that
883 investigated the offense shall be notified immediately by the
884 state attorney of the action taken under subsection (5).
885 Section 10. Section 985.17, Florida Statutes, is created to
886 read:
887 985.17 Prevention services.—
888 (1) Prevention services decrease recidivism by addressing
889 the needs of at-risk youth and their families, preventing
890 further involvement in the juvenile justice system, protecting
891 public safety, and facilitating successful reentry into the
892 community. To assist in decreasing recidivism, the department’s
893 prevention services should strengthen protective factors, reduce
894 risk factors, and use tested and effective approaches.
895 (2) A primary focus of the department’s prevention services
896 is to develop capacity for local communities to serve their
897 youth.
898 (a) The department shall engage faith-based and community
899 based organizations to provide a full range of voluntary
900 programs and services to prevent and reduce juvenile
901 delinquency, including, but not limited to, chaplaincy services,
902 crisis intervention counseling, mentoring, and tutoring.
903 (b) The department shall establish volunteer coordinators
904 in each circuit and encourage the recruitment of volunteers to
905 serve as mentors for youth in department services.
906 (c) The department shall promote the Invest In Children
907 license plate developed pursuant to s. 320.08058(11) to help
908 fund programs and services to prevent juvenile delinquency. The
909 department shall allocate moneys for programs and services
910 within each county based on that county’s proportionate share of
911 the license plate annual use fee collected by the county
912 pursuant to s. 320.08058(11).
913 (3) The department’s prevention services for youth at risk
914 of becoming delinquent should focus on preventing initial or
915 further involvement in the juvenile justice system by including
916 services such as literacy services, gender-specific programming,
917 and recreational and after-school services and should include
918 targeted services to troubled, truant, ungovernable, abused,
919 trafficked, or runaway youth. To decrease the likelihood that a
920 youth will commit a delinquent act, the department may provide
921 specialized services addressing the strengthening of families,
922 job training, and substance abuse.
923 (4) In an effort to decrease the prevalence of
924 disproportionate minority representation in the juvenile justice
925 system, the department’s prevention services should address the
926 multiple needs of minority youth at risk of becoming delinquent.
927 (5) The department shall expend funds related to prevention
928 services in a manner consistent with the policies expressed in
929 ss. 984.02 and 985.01. The department shall expend such funds in
930 a manner that maximizes accountability to the public and ensures
931 the documentation of outcomes.
932 (a) As a condition of the receipt of state funds, entities
933 that receive or use state moneys to fund prevention services
934 through contracts with the department or grants from any entity
935 dispersed by the department shall:
936 1. Design the programs providing such services to further
937 one or more of the following strategies:
938 a. Encouraging youth to attend and succeed in school, which
939 may include special assistance and tutoring to address
940 deficiencies in academic performance and collecting outcome data
941 to reveal the number of days youth attended school while
942 participating in the program.
943 b. Engaging youth in productive and wholesome activities
944 during nonschool hours which build positive character, instill
945 positive values, and enhance educational experiences.
946 c. Encouraging youth to avoid the use of violence.
947 d. Assisting youth in acquiring the skills needed to find
948 meaningful employment, which may include assistance in finding a
949 suitable employer for the youth.
950 2. Provide the department with demographic information,
951 dates of services, and the type of interventions received by
952 each youth.
953 (b) The department shall monitor output and outcome
954 measures for each program strategy in paragraph (a) and include
955 them in the annual Comprehensive Accountability Report published
956 pursuant to s. 985.632.
957 (c) The department shall monitor all programs that receive
958 or use state moneys to fund juvenile delinquency prevention
959 services through contracts or grants with the department for
960 compliance with all provisions in the contracts or grants.
961 Section 11. Section 985.24, Florida Statutes, is amended to
962 read:
963 985.24 Use of detention; prohibitions.—
964 (1) All determinations and court orders regarding the use
965 of secure, nonsecure, or home detention care must shall be based
966 primarily upon findings that the child:
967 (a) Presents a substantial risk of not appearing at a
968 subsequent hearing;
969 (b) Presents a substantial risk of inflicting bodily harm
970 on others as evidenced by recent behavior, including the illegal
971 possession of a firearm;
972 (c) Presents a history of committing a property offense
973 before prior to adjudication, disposition, or placement;
974 (d) Has committed contempt of court by:
975 1. Intentionally disrupting the administration of the
976 court;
977 2. Intentionally disobeying a court order; or
978 3. Engaging in a punishable act or speech in the court’s
979 presence which shows disrespect for the authority and dignity of
980 the court; or
981 (e) Requests protection from imminent bodily harm.
982 (2) A child alleged to have committed a delinquent act or
983 violation of law may not be placed into secure or, nonsecure, or
984 home detention care for any of the following reasons:
985 (a) To allow a parent to avoid his or her legal
986 responsibility.
987 (b) To permit more convenient administrative access to the
988 child.
989 (c) To facilitate further interrogation or investigation.
990 (d) Due to a lack of more appropriate facilities.
991 (3) A child alleged to be dependent under chapter 39 may
992 not, under any circumstances, be placed into secure detention
993 care.
994 (4) The department may develop nonsecure, nonresidential
995 evening-reporting centers as an alternative to placing a child
996 in secure detention to serve children and families while
997 awaiting court hearings. Evening-reporting centers may be
998 collocated with the juvenile assessment center. At a minimum,
999 evening-reporting centers shall be operated during the afternoon
1000 and evening hours and provide a highly structured program of
1001 supervision. Evening-reporting centers may also provide academic
1002 tutoring, counseling, family engagement programs, and other
1003 activities.
1004 (5)(4) The department shall continue to identify
1005 alternatives to secure detention care and shall develop such
1006 alternatives and annually submit them to the Legislature for
1007 authorization and appropriation.
1008 Section 12. Paragraph (b) of subsection (2) and subsection
1009 (4) of section 985.245, Florida Statutes, are amended to read:
1010 985.245 Risk assessment instrument.—
1011 (2)
1012 (b) The risk assessment instrument, at a minimum, shall
1013 consider take into consideration, but need not be limited to,
1014 prior history of failure to appear, prior offenses, offenses
1015 committed pending adjudication, any unlawful possession of a
1016 firearm, theft of a motor vehicle or possession of a stolen
1017 motor vehicle, and probation status at the time the child is
1018 taken into custody. The risk assessment instrument shall also
1019 consider take into consideration appropriate aggravating and
1020 mitigating circumstances, and shall be designed to target a
1021 narrower population of children than s. 985.255, and. The risk
1022 assessment instrument shall also include any information
1023 concerning the child’s history of abuse and neglect. The risk
1024 assessment shall indicate whether detention care is warranted,
1025 and, if detention care is warranted, whether the child should be
1026 placed into secure or, nonsecure, or home detention care.
1027 (4) If For a child who is under the supervision of the
1028 department through probation, home detention, nonsecure
1029 detention, conditional release, postcommitment probation, or
1030 commitment and who is charged with committing a new offense, the
1031 risk assessment instrument may be completed and scored based on
1032 the underlying charge for which the child was placed under the
1033 supervision of the department and the new offense.
1034 Section 13. Subsection (1) of section 985.25, Florida
1035 Statutes, is amended to read:
1036 985.25 Detention intake.—
1037 (1) The department juvenile probation officer shall receive
1038 custody of a child who has been taken into custody from the law
1039 enforcement agency or court and shall review the facts in the
1040 law enforcement report or probable cause affidavit and make such
1041 further inquiry as may be necessary to determine whether
1042 detention care is appropriate required.
1043 (a) During the period of time from the taking of the child
1044 into custody to the date of the detention hearing, the initial
1045 decision as to the child’s placement into secure detention care
1046 or, nonsecure detention care, or home detention care shall be
1047 made by the department juvenile probation officer under ss.
1048 985.24 and 985.245(1).
1049 (b) The department juvenile probation officer shall base
1050 its the decision as to whether or not to place the child into
1051 secure detention care, home detention care, or nonsecure
1052 detention care on an assessment of risk in accordance with the
1053 risk assessment instrument and procedures developed by the
1054 department under s. 985.245. However, a child charged with
1055 possessing or discharging a firearm on school property in
1056 violation of s. 790.115 shall be placed in secure detention
1057 care. A child who has been taken into custody on three or more
1058 separate occasions within a 60-day period shall be placed in
1059 secure detention care until the child’s detention hearing.
1060 (c) If the child’s final score on the risk assessment
1061 instrument indicates that juvenile probation officer determines
1062 that a child who is eligible for detention care is appropriate,
1063 but the department otherwise determines he or she based upon the
1064 results of the risk assessment instrument should be released,
1065 the department juvenile probation officer shall contact the
1066 state attorney, who may authorize release.
1067 (d) If the child’s final score on the risk assessment
1068 instrument indicates that detention is not appropriate
1069 authorized, the child may be released by the department juvenile
1070 probation officer in accordance with ss. 985.115 and 985.13.
1071
1072 Under no circumstances shall The department, juvenile probation
1073 officer or the state attorney, or a law enforcement officer may
1074 not authorize the detention of any child in a jail or other
1075 facility intended or used for the detention of adults, without
1076 an order of the court.
1077 Section 14. Section 985.255, Florida Statutes, is amended
1078 to read:
1079 985.255 Detention criteria; detention hearing.—
1080 (1) Subject to s. 985.25(1), a child taken into custody and
1081 placed into nonsecure or secure home detention care shall be
1082 given a hearing within 24 hours after being taken into custody.
1083 At the hearing, the court may order continued detention or
1084 detained in secure detention care prior to a detention hearing
1085 may continue to be detained by the court if:
1086 (a) The child is alleged to be an escapee from a
1087 residential commitment program; or an absconder from a
1088 nonresidential commitment program, a probation program, or
1089 conditional release supervision; or is alleged to have escaped
1090 while being lawfully transported to or from a residential
1091 commitment program.
1092 (b) The child is wanted in another jurisdiction for an
1093 offense that which, if committed by an adult, would be a felony.
1094 (c) The child is charged with a delinquent act or violation
1095 of law and requests in writing through legal counsel to be
1096 detained for protection from an imminent physical threat to his
1097 or her personal safety.
1098 (d) The child is charged with committing an offense of
1099 domestic violence as defined in s. 741.28 and is detained as
1100 provided in subsection (2).
1101 (e) The child is charged with possession or discharging a
1102 firearm on school property in violation of s. 790.115 or the
1103 illegal possession of a firearm.
1104 (f) The child is charged with a capital felony, a life
1105 felony, a felony of the first degree, a felony of the second
1106 degree which that does not involve a violation of chapter 893,
1107 or a felony of the third degree which that is also a crime of
1108 violence, including any such offense involving the use or
1109 possession of a firearm.
1110 (g) The child is charged with a felony of the any second
1111 degree or a felony of the third degree felony involving a
1112 violation of chapter 893 or a felony of the any third degree
1113 which felony that is not also a crime of violence, and the
1114 child:
1115 1. Has a record of failure to appear at court hearings
1116 after being properly notified in accordance with the Rules of
1117 Juvenile Procedure;
1118 2. Has a record of law violations before prior to court
1119 hearings;
1120 3. Has already been detained or has been released and is
1121 awaiting final disposition of the case;
1122 4. Has a record of violent conduct resulting in physical
1123 injury to others; or
1124 5. Is found to have been in possession of a firearm.
1125 (h) The child is alleged to have violated the conditions of
1126 the child’s probation or conditional release supervision.
1127 However, a child detained under this paragraph may be held only
1128 in a consequence unit as provided in s. 985.439. If a
1129 consequence unit is not available, the child shall be placed on
1130 nonsecure home detention with electronic monitoring.
1131 (i) The child is detained on a judicial order for failure
1132 to appear and has previously willfully failed to appear, after
1133 proper notice:,
1134 1. For an adjudicatory hearing on the same case regardless
1135 of the results of the risk assessment instrument; or
1136 2. At two or more court hearings of any nature on the same
1137 case, regardless of the results of the risk assessment
1138 instrument.
1139
1140 A child may be held in secure detention for up to 72 hours in
1141 advance of the next scheduled court hearing pursuant to this
1142 paragraph. The child’s failure to keep the clerk of court and
1143 defense counsel informed of a current and valid mailing address
1144 where the child will receive notice to appear at court
1145 proceedings does not provide an adequate ground for excusal of
1146 the child’s nonappearance at the hearings.
1147 (j) The child is detained on a judicial order for failure
1148 to appear and has previously willfully failed to appear, after
1149 proper notice, at two or more court hearings of any nature on
1150 the same case regardless of the results of the risk assessment
1151 instrument. A child may be held in secure detention for up to 72
1152 hours in advance of the next scheduled court hearing pursuant to
1153 this paragraph. The child’s failure to keep the clerk of court
1154 and defense counsel informed of a current and valid mailing
1155 address where the child will receive notice to appear at court
1156 proceedings does not provide an adequate ground for excusal of
1157 the child’s nonappearance at the hearings.
1158 (2) A child who is charged with committing an offense
1159 classified as of domestic violence as defined in s. 741.28 and
1160 whose risk assessment indicates secure detention is not
1161 appropriate who does not meet detention criteria may be held in
1162 secure detention if the court makes specific written findings
1163 that:
1164 (a) Respite care for the child is not available; or.
1165 (b) It is necessary to place the child in secure detention
1166 in order to protect the victim from injury.
1167
1168 The child may not be held in secure detention under this
1169 subsection for more than 48 hours unless ordered by the court.
1170 After 48 hours, the court shall hold a hearing if the state
1171 attorney or victim requests that secure detention be continued.
1172 The child may continue to be held in detention care if the court
1173 makes a specific, written finding that respite care is
1174 unavailable or it detention care is necessary to protect the
1175 victim from injury. However, the child may not be held in
1176 detention care beyond the time limits provided set forth in this
1177 section or s. 985.26.
1178 (3)(a) A child who meets any of the criteria in subsection
1179 (1) and who is ordered to be detained under that subsection
1180 shall be given a hearing within 24 hours after being taken into
1181 custody. The purpose of the detention hearing required under
1182 subsection (1) is to determine the existence of probable cause
1183 that the child has committed the delinquent act or violation of
1184 law that he or she is charged with and the need for continued
1185 detention. Unless a child is detained under paragraph (1)(d) or
1186 paragraph (1)(e), the court shall use the results of the risk
1187 assessment performed by the department juvenile probation
1188 officer and, based on the criteria in subsection (1), shall
1189 determine the need for continued detention. A child placed into
1190 secure, nonsecure, or home detention care may continue to be so
1191 detained by the court.
1192 (b) If the court orders a placement more restrictive than
1193 indicated by the results of the risk assessment instrument, the
1194 court shall state, in writing, clear and convincing reasons for
1195 such placement.
1196 (c) Except as provided in s. 790.22(8) or in s. 985.27,
1197 when a child is placed into secure or nonsecure detention care,
1198 or into a respite home or other placement pursuant to a court
1199 order following a hearing, the court order must include specific
1200 instructions that direct the release of the child from such
1201 placement by no later than 5 p.m. on the last day of the
1202 detention period specified in s. 985.26 or s. 985.27, whichever
1203 is applicable, unless the requirements of such applicable
1204 provision have been met or an order of continuance has been
1205 granted under s. 985.26(4). If the court order does not include
1206 a date of release, the release date must be requested of the
1207 court on the same date the youth was placed on detention care.
1208 If a subsequent hearing is needed to provide additional
1209 information to the court for safety planning, the initial order
1210 placing the youth on detention care must reflect the next
1211 detention review hearing, which should be held within 3 calendar
1212 days after the child’s initial detention placement.
1213 Section 15. Subsections (1) through (3) of section 985.26,
1214 Florida Statutes, are amended to read:
1215 985.26 Length of detention.—
1216 (1) A child may not be placed into or held in secure or,
1217 nonsecure, or home detention care for more longer than 24 hours
1218 unless the court orders such detention care, and the order
1219 includes specific instructions that direct the release of the
1220 child from such detention care, in accordance with s. 985.255.
1221 The order shall be a final order, reviewable by appeal under s.
1222 985.534 and the Florida Rules of Appellate Procedure. Appeals of
1223 such orders shall take precedence over other appeals and other
1224 pending matters.
1225 (2) A child may not be held in secure or, nonsecure, or
1226 home detention care under a special detention order for more
1227 than 21 days unless an adjudicatory hearing for the case has
1228 been commenced in good faith by the court. However, upon good
1229 cause being shown that the nature of the charge requires
1230 additional time for the prosecution or defense of the case, the
1231 court may extend the length of detention for an additional 9
1232 days if the child is charged with an offense that would be, if
1233 committed by an adult, a capital felony, a life felony, a felony
1234 of the first degree, or a felony of the second degree involving
1235 violence against any individual.
1236 (3) Except as provided in subsection (2), a child may not
1237 be held in secure or, nonsecure, or home detention care for more
1238 than 15 days following the entry of an order of adjudication.
1239 Section 16. Section 985.265, Florida Statutes, is amended
1240 to read:
1241 985.265 Detention transfer and release; education; adult
1242 jails.—
1243 (1) If a child is detained under this part, the department
1244 may transfer the child from nonsecure or home detention care to
1245 secure detention care only if significantly changed
1246 circumstances warrant such transfer.
1247 (2) If a child is on release status and not detained under
1248 this part, the child may be placed into secure or, nonsecure, or
1249 home detention care only pursuant to a court hearing in which
1250 the original risk assessment instrument and the, rescored based
1251 on newly discovered evidence or changed circumstances are
1252 introduced into evidence with a rescored risk assessment
1253 instrument with the results recommending detention, is
1254 introduced into evidence.
1255 (3)(a) If When a juvenile sexual offender is placed in
1256 detention, detention staff shall provide appropriate monitoring
1257 and supervision to ensure the safety of other children in the
1258 facility.
1259 (b) If When a juvenile charged with murder under s. 782.04,
1260 sexual battery under chapter 794, stalking under s. 784.048, or
1261 domestic violence as defined in s. 741.28, or an attempt to
1262 commit any of these offenses sexual offender, under this
1263 subsection, is released from secure detention or transferred to
1264 home detention or nonsecure detention, detention staff shall
1265 immediately notify the appropriate law enforcement agency, and
1266 school personnel, and the victim.
1267 (4)(a) While a child who is currently enrolled in school is
1268 in nonsecure or home detention care, the child shall continue to
1269 attend school unless otherwise ordered by the court.
1270 (b) While a child is in secure detention care, the child
1271 shall receive education commensurate with his or her grade level
1272 and educational ability.
1273 (5) The court shall order the delivery of a child to a jail
1274 or other facility intended or used for the detention of adults:
1275 (a) If When the child has been transferred or indicted for
1276 criminal prosecution as an adult under part X., except that The
1277 court may not order or allow a child alleged to have committed a
1278 misdemeanor who is being transferred for criminal prosecution
1279 pursuant to either s. 985.556 or s. 985.557 to be detained or
1280 held in a jail or other facility intended or used for the
1281 detention of adults; however, such child may be held temporarily
1282 in a detention facility; or
1283 (b) If When a child taken into custody in this state is
1284 wanted by another jurisdiction for prosecution as an adult.
1285
1286 A The child shall be housed separately from adult inmates to
1287 prohibit the a child from having regular contact with
1288 incarcerated adults, including trustees. As used in this
1289 subsection, the term “regular contact” means sight and sound
1290 contact. Separation of children from adults may not allow shall
1291 permit no more than haphazard or accidental contact. The
1292 receiving jail or other facility shall provide contain a
1293 separate section for children and shall have an adequate staff
1294 adequate to supervise and monitor the child’s activities at all
1295 times. Supervision and monitoring of children includes physical
1296 observation and documented checks by jail or receiving facility
1297 supervisory personnel at intervals not to exceed 10 15 minutes.
1298 This subsection does not prohibit placing two or more children
1299 in the same cell. Under no circumstances shall A child may not
1300 be placed in a the same cell with an adult.
1301 Section 17. Section 985.27, Florida Statutes, is amended to
1302 read:
1303 985.27 Postadjudication Postcommitment detention while
1304 awaiting commitment placement.—
1305 (1) The court must place all children who are adjudicated
1306 and awaiting placement in a commitment program in detention
1307 care. Children who are in home detention care or nonsecure
1308 detention care may be placed on electronic monitoring.
1309 (a) A child who is awaiting placement in a low-risk
1310 residential program must be removed from detention within 5
1311 days, excluding Saturdays, Sundays, and legal holidays. Any
1312 child held in secure detention during the 5 days must meet
1313 detention admission criteria under this part. A child who is
1314 placed in home detention care, nonsecure detention care, or home
1315 or nonsecure detention care with electronic monitoring, while
1316 awaiting placement in a minimum-risk or low-risk program, may be
1317 held in secure detention care for 5 days, if the child violates
1318 the conditions of the home detention care, the nonsecure
1319 detention care, or the electronic monitoring agreement. For any
1320 subsequent violation, the court may impose an additional 5 days
1321 in secure detention care.
1322 (b) A child who is awaiting placement in a nonsecure
1323 moderate-risk residential program must be removed from detention
1324 within 5 days, excluding Saturdays, Sundays, and legal holidays.
1325 A Any child held in secure detention during the 5 days must meet
1326 detention admission criteria under this part. The department may
1327 seek an order from the court authorizing continued detention for
1328 a specific period of time necessary for the appropriate
1329 residential placement of the child. However, such continued
1330 detention in secure detention care may not exceed 15 days after
1331 entry of the commitment order, excluding Saturdays, Sundays, and
1332 legal holidays, and except as otherwise provided in this
1333 section. A child who is placed in home detention care, nonsecure
1334 detention care, or home or nonsecure detention care with
1335 electronic monitoring, while awaiting placement in a nonsecure
1336 residential moderate-risk program, may be held in secure
1337 detention care for 5 days, if the child violates the conditions
1338 of the home detention care, the nonsecure detention care, or the
1339 electronic monitoring agreement. For any subsequent violation,
1340 the court may impose an additional 5 days in secure detention
1341 care.
1342 (b)(c) If the child is committed to a high-risk residential
1343 program, the child must be held in secure detention care until
1344 placement or commitment is accomplished.
1345 (c)(d) If the child is committed to a maximum-risk
1346 residential program, the child must be held in secure detention
1347 care until placement or commitment is accomplished.
1348 (2) Regardless of detention status, a child being
1349 transported by the department to a residential commitment
1350 facility of the department may be placed in secure detention for
1351 up to 24 hours overnight, not to exceed a 24-hour period, for
1352 the specific purpose of ensuring the safe delivery of the child
1353 to his or her residential commitment program, court,
1354 appointment, transfer, or release.
1355 Section 18. Subsection (1) of section 985.275, Florida
1356 Statutes, is amended to read:
1357 985.275 Detention of escapee or absconder on authority of
1358 the department.—
1359 (1) If an authorized agent of the department has reasonable
1360 grounds to believe that a any delinquent child committed to the
1361 department has escaped from a residential commitment facility or
1362 in the course of lawful transportation to or from such facility
1363 from being lawfully transported thereto or therefrom, or has
1364 absconded from a nonresidential commitment facility, the agent
1365 shall notify law enforcement and, if the offense qualifies under
1366 chapter 960, notify the victim, and make every reasonable effort
1367 to locate the delinquent child. The child may be returned take
1368 the child into active custody and may deliver the child to the
1369 facility or, if it is closer, to a detention center for return
1370 to the facility. However, a child may not be held in detention
1371 more longer than 24 hours, excluding Saturdays, Sundays, and
1372 legal holidays, unless a special order so directing is made by
1373 the judge after a detention hearing resulting in a finding that
1374 detention is required based on the criteria in s. 985.255. The
1375 order must shall state the reasons for such finding. The reasons
1376 are shall be reviewable by appeal or in habeas corpus
1377 proceedings in the district court of appeal.
1378 Section 19. Paragraph (b) of subsection (4), paragraph (h)
1379 of subsection (6), and paragraph (a) of subsection (7) of
1380 section 985.433, Florida Statutes, are amended to read:
1381 985.433 Disposition hearings in delinquency cases.—When a
1382 child has been found to have committed a delinquent act, the
1383 following procedures shall be applicable to the disposition of
1384 the case:
1385 (4) Before the court determines and announces the
1386 disposition to be imposed, it shall:
1387 (b) Discuss with the child his or her compliance with any
1388 predisposition home release plan or other plan imposed since the
1389 date of the offense.
1390 (6) The first determination to be made by the court is a
1391 determination of the suitability or nonsuitability for
1392 adjudication and commitment of the child to the department. This
1393 determination shall include consideration of the recommendations
1394 of the department, which may include a predisposition report.
1395 The predisposition report shall include, whether as part of the
1396 child’s multidisciplinary assessment, classification, and
1397 placement process components or separately, evaluation of the
1398 following criteria:
1399 (h) The child’s educational status, including, but not
1400 limited to, the child’s strengths, abilities, and unmet and
1401 special educational needs. The report must shall identify
1402 appropriate educational and career vocational goals for the
1403 child. Examples of appropriate goals include:
1404 1. Attainment of a high school diploma or its equivalent.
1405 2. Successful completion of literacy course(s).
1406 3. Successful completion of career and technical
1407 educational vocational course(s).
1408 4. Successful attendance and completion of the child’s
1409 current grade, or recovery of credits of classes the child
1410 previously failed, if enrolled in school.
1411 5. Enrollment in an apprenticeship or a similar program.
1412
1413 It is the intent of the Legislature that the criteria set forth
1414 in this subsection are general guidelines to be followed at the
1415 discretion of the court and not mandatory requirements of
1416 procedure. It is not the intent of the Legislature to provide
1417 for the appeal of the disposition made under this section.
1418 (7) If the court determines that the child should be
1419 adjudicated as having committed a delinquent act and should be
1420 committed to the department, such determination shall be in
1421 writing or on the record of the hearing. The determination shall
1422 include a specific finding of the reasons for the decision to
1423 adjudicate and to commit the child to the department, including
1424 any determination that the child was a member of a criminal
1425 gang.
1426 (a) The department juvenile probation officer shall
1427 recommend to the court the most appropriate placement and
1428 treatment plan, specifically identifying the restrictiveness
1429 level most appropriate for the child if commitment is
1430 recommended. If the court has determined that the child was a
1431 member of a criminal gang, that determination shall be given
1432 great weight in identifying the most appropriate restrictiveness
1433 level for the child. The court shall consider the department’s
1434 recommendation in making its commitment decision.
1435 Section 20. Present subsections (4) through (6) of section
1436 985.435, Florida Statutes, are redesignated as subsections (5)
1437 through (7), respectively, a new subsection (4) is added to that
1438 section, and subsection (3) and present subsection (4) of that
1439 section are amended, to read:
1440 985.435 Probation and postcommitment probation; community
1441 service.—
1442 (3) A probation program must also include a rehabilitative
1443 program component such as a requirement of participation in
1444 substance abuse treatment or in a school or career and technical
1445 other educational program. The nonconsent of the child to
1446 treatment in a substance abuse treatment program does not
1447 preclude in no way precludes the court from ordering such
1448 treatment. Upon the recommendation of the department at the time
1449 of disposition, or subsequent to disposition pursuant to the
1450 filing of a petition alleging a violation of the child’s
1451 conditions of postcommitment probation, the court may order the
1452 child to submit to random testing for the purpose of detecting
1453 and monitoring the use of alcohol or controlled substances.
1454 (4) A probation program may also include an alternative
1455 consequence component to address instances in which a child is
1456 noncompliant with technical conditions of his or her probation,
1457 but has not committed any new violations of law. The alternative
1458 consequence component shall be designed to provide swift and
1459 appropriate consequences to any noncompliance with technical
1460 conditions of probation. If the probation program includes this
1461 component, specific consequences that apply to noncompliance
1462 with specific technical conditions of probation must be detailed
1463 in the disposition order.
1464 (5)(4) An evaluation of the youth’s risk to reoffend A
1465 classification scale for levels of supervision shall be provided
1466 by the department, taking into account the child’s needs and
1467 risks relative to probation supervision requirements to
1468 reasonably ensure the public safety. Probation programs for
1469 children shall be supervised by the department or by any other
1470 person or agency specifically authorized by the court. These
1471 programs must include, but are not limited to, structured or
1472 restricted activities as described in this section and s.
1473 985.439, and shall be designed to encourage the child toward
1474 acceptable and functional social behavior.
1475 Section 21. Paragraph (a) of subsection (1) and subsection
1476 (4) of section 985.439, Florida Statutes, are amended to read:
1477 985.439 Violation of probation or postcommitment
1478 probation.—
1479 (1)(a) This section is applicable when the court has
1480 jurisdiction over a child on probation or postcommitment
1481 probation, regardless of adjudication an adjudicated delinquent
1482 child.
1483 (4) Upon the child’s admission, or if the court finds after
1484 a hearing that the child has violated the conditions of
1485 probation or postcommitment probation, the court shall enter an
1486 order revoking, modifying, or continuing probation or
1487 postcommitment probation. In each such case, the court shall
1488 enter a new disposition order and, in addition to the sanctions
1489 set forth in this section, may impose any sanction the court
1490 could have imposed at the original disposition hearing. If the
1491 child is found to have violated the conditions of probation or
1492 postcommitment probation, the court may:
1493 (a) Place the child in a consequence unit in that judicial
1494 circuit, if available, for up to 5 days for a first violation
1495 and up to 15 days for a second or subsequent violation.
1496 (b) Place the child on nonsecure home detention with
1497 electronic monitoring. However, this sanction may be used only
1498 if a residential consequence unit is not available.
1499 (c) Modify or continue the child’s probation program or
1500 postcommitment probation program.
1501 (d) Revoke probation or postcommitment probation and commit
1502 the child to the department.
1503 (e) If the violation of probation is technical in nature
1504 and not a new violation of law, place the child in an
1505 alternative consequence program designed to provide swift and
1506 appropriate consequences for any further violations of
1507 probation.
1508 1. Alternative consequence programs shall be established at
1509 the local level in coordination with law enforcement agencies,
1510 the chief judge of the circuit, the state attorney, and the
1511 public defender.
1512 2. Alternative consequence programs may be operated by an
1513 entity such as a law enforcement agency, the department, a
1514 juvenile assessment center, a county or municipality, or another
1515 entity selected by the department.
1516 3. Upon placing a child in an alternative consequence
1517 program, the court must approve specific consequences for
1518 specific violations of the conditions of probation.
1519 Section 22. Subsection (2) of section 985.441, Florida
1520 Statutes, is amended to read:
1521 985.441 Commitment.—
1522 (2) Notwithstanding subsection (1), the court having
1523 jurisdiction over an adjudicated delinquent child whose
1524 underlying offense is was a misdemeanor, or a child who is
1525 currently on probation for a misdemeanor, may not commit the
1526 child for any misdemeanor offense or any probation violation
1527 that is technical in nature and not a new violation of law at a
1528 restrictiveness level other than minimum-risk nonresidential
1529 unless the probation violation is a new violation of law
1530 constituting a felony. However, the court may commit such child
1531 to a nonsecure low-risk or moderate-risk residential placement
1532 if:
1533 (a) The child has previously been adjudicated or had
1534 adjudication withheld for a felony offense;
1535 (b) The child has previously been adjudicated or had
1536 adjudication withheld for three or more misdemeanor offenses
1537 within the preceding 18 months;
1538 (c) The child is before the court for disposition for a
1539 violation of s. 800.03, s. 806.031, or s. 828.12; or
1540 (d) The court finds by a preponderance of the evidence that
1541 the protection of the public requires such placement or that the
1542 particular needs of the child would be best served by such
1543 placement. Such finding must be in writing.
1544 Section 23. Paragraph (a) of subsection (1) and subsection
1545 (5) of section 985.46, Florida Statutes, are amended to read:
1546 985.46 Conditional release.—
1547 (1) The Legislature finds that:
1548 (a) Conditional release is the care, treatment, help,
1549 provision of transition-to-adulthood services, and supervision
1550 provided to juveniles released from residential commitment
1551 programs to promote rehabilitation and prevent recidivism.
1552 (5) Participation in the educational program by students of
1553 compulsory school attendance age pursuant to s. 1003.21(1) and
1554 (2)(a) is mandatory for juvenile justice youth on conditional
1555 release or postcommitment probation status. A student of
1556 noncompulsory school-attendance age who has not received a high
1557 school diploma or its equivalent must participate in an the
1558 educational or career and technical educational program. A youth
1559 who has received a high school diploma or its equivalent and is
1560 not employed must participate in workforce development or other
1561 career or technical education or attend a community college or a
1562 university while in the program, subject to available funding.
1563 Section 24. Subsections (1) through (5) of section 985.461,
1564 Florida Statutes, are amended to read:
1565 985.461 Transition to adulthood.—
1566 (1) The Legislature finds that older youth are faced with
1567 the need to learn how to support themselves within legal means
1568 and overcome the stigma of being delinquent. In most cases,
1569 parents expedite this transition. It is the intent of the
1570 Legislature that the department provide older youth in its
1571 custody or under its supervision with opportunities for
1572 participating in transition-to-adulthood services while in the
1573 department’s commitment programs or in probation or conditional
1574 release programs in the community. These services should be
1575 reasonable and appropriate for the youths’ respective ages or
1576 special needs and provide activities that build life skills and
1577 increase the ability to live independently and become self
1578 sufficient.
1579 (2) Youth served by the department who are in the custody
1580 of the Department of Children and Families Family Services and
1581 who entered juvenile justice placement from a foster care
1582 placement, if otherwise eligible, may receive independent living
1583 transition services pursuant to s. 409.1451. Court-ordered
1584 commitment or probation with the department is not a barrier to
1585 eligibility for the array of services available to a youth who
1586 is in the dependency foster care system only.
1587 (3) For a dependent child in the foster care system,
1588 adjudication for delinquency does not, by itself, disqualify
1589 such child for eligibility in the Department of Children and
1590 Families’ Family Services’ independent living program.
1591 (4) As part of the child’s treatment plan, the department
1592 may provide transition-to-adulthood services to children
1593 released from residential commitment. To support participation
1594 in transition-to-adulthood services and subject to
1595 appropriation, the department may:
1596 (a) Assess the child’s skills and abilities to live
1597 independently and become self-sufficient. The specific services
1598 to be provided shall be determined using an assessment of his or
1599 her readiness for adult life.
1600 (b) Use community reentry teams to assist in the
1601 development of Develop a list of age-appropriate activities and
1602 responsibilities to be incorporated in the child’s written case
1603 plan for any youth 17 years of age or older who is under the
1604 custody or supervision of the department. Community reentry
1605 teams may include representation from school districts, law
1606 enforcement, workforce development services, community-based
1607 service providers, and the youth’s family. Activities may
1608 include, but are not limited to, life skills training, including
1609 training to develop banking and budgeting skills, interviewing
1610 and career planning skills, parenting skills, personal health
1611 management, and time management or organizational skills;
1612 educational support; employment training; and counseling.
1613 (c) Provide information related to social security
1614 insurance benefits and public assistance.
1615 (d) Request parental or guardian permission for the youth
1616 to participate in transition-to-adulthood services. Upon such
1617 consent, age-appropriate activities shall be incorporated into
1618 the youth’s written case plan. This plan may include specific
1619 goals and objectives and shall be reviewed and updated at least
1620 quarterly. If the parent or guardian is cooperative, the plan
1621 may not interfere with the parent’s or guardian’s rights to
1622 nurture and train his or her child in ways that are otherwise in
1623 compliance with the law and court order.
1624 (e) Contract for transition-to-adulthood services that
1625 include residential services and assistance and allow the child
1626 to live independently of the daily care and supervision of an
1627 adult in a setting that is not licensed under s. 409.175. A
1628 child under the care or supervision of the department who has
1629 reached 17 years of age but is not yet 19 years of age is
1630 eligible for such services if he or she does not pose a danger
1631 to the public and is able to demonstrate minimally sufficient
1632 skills and aptitude for living under decreased adult
1633 supervision, as determined by the department, using established
1634 procedures and assessments.
1635 (f) Assist the youth in building a portfolio of educational
1636 and vocational accomplishments, necessary identification,
1637 resumes, and cover letters in an effort to enhance the youth’s
1638 employability.
1639 (g) Collaborate with school district contacts to facilitate
1640 appropriate educational services based on the youth’s identified
1641 needs.
1642 (5) For a child who is 17 years of age or older, under the
1643 department’s care or supervision, and without benefit of parents
1644 or legal guardians capable of assisting the child in the
1645 transition to adult life, the department may provide an
1646 assessment to determine the child’s skills and abilities to live
1647 independently and become self-sufficient. Based on the
1648 assessment and within existing resources, services and training
1649 may be provided in order to develop the necessary skills and
1650 abilities before the child’s 18th birthday.
1651 Section 25. Paragraph (b) of subsection (3) of section
1652 985.481, Florida Statutes, is amended to read:
1653 985.481 Sexual offenders adjudicated delinquent;
1654 notification upon release.—
1655 (3)
1656 (b) No later than November 1, 2007, The department shall
1657 must make the information described in subparagraph (a)1.
1658 available electronically to the Department of Law Enforcement in
1659 its database and in a format that is compatible with the
1660 requirements of the Florida Crime Information Center.
1661 Section 26. Subsection (5) of section 985.4815, Florida
1662 Statutes, is amended to read:
1663 985.4815 Notification to Department of Law Enforcement of
1664 information on juvenile sexual offenders.—
1665 (5) In addition to notification and transmittal
1666 requirements imposed by any other provision of law, the
1667 department shall compile information on any sexual offender and
1668 provide the information to the Department of Law Enforcement. No
1669 later than November 1, 2007, The department shall must make the
1670 information available electronically to the Department of Law
1671 Enforcement in its database in a format that is compatible with
1672 the requirements of the Florida Crime Information Center.
1673 Section 27. Subsection (2), paragraph (a) of subsection
1674 (3), and paragraph (a) of subsection (9) of section 985.601,
1675 Florida Statutes, are amended to read:
1676 985.601 Administering the juvenile justice continuum.—
1677 (2) The department shall develop and implement an
1678 appropriate continuum of care that provides individualized,
1679 multidisciplinary assessments, objective evaluations of relative
1680 risks, and the matching of needs with placements for all
1681 children under its care, and that uses a system of case
1682 management to facilitate each child being appropriately
1683 assessed, provided with services, and placed in a program that
1684 meets the child’s needs. The Legislature recognizes that the
1685 purpose of the juvenile justice system is to increase public
1686 safety by reducing juvenile delinquency and recognizes the
1687 importance of ensuring that children who are assessed as low and
1688 moderate risk to reoffend are considered for placement in a
1689 nonresidential program.
1690
1691 ================= T I T L E A M E N D M E N T ================
1692 And the title is amended as follows:
1693 Delete line 123
1694 and insert:
1695 s. 985.601, F.S.; providing legislative intent;
1696 requiring the department to contract