House Bill hb1403

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    Florida House of Representatives - 2002                HB 1403

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to substance-abuse treatment

  3         and intervention; amending s. 39.001, F.S.;

  4         providing additional legislative findings and

  5         purposes with respect to the treatment of

  6         substance abuse; amending ss. 39.402, 39.407,

  7         F.S.; authorizing the court to order specified

  8         persons to submit to a substance-abuse

  9         assessment upon a showing of good cause in

10         connection with a shelter hearing or petition

11         for dependency; authorizing sanctions for

12         noncompliance; amending ss. 39.507, 39.521,

13         F.S.; authorizing the court to order specified

14         persons to submit to a substance-abuse

15         assessment as part of an adjudicatory order or

16         pursuant to a disposition hearing; requiring a

17         showing of good cause; authorizing the court to

18         require participation in a treatment-based drug

19         court program; authorizing the court to impose

20         sanctions for noncompliance; amending s.

21         39.701, F.S.; authorizing the court to extend

22         the time for completing a case plan during

23         judicial review, based upon participation in a

24         treatment-based drug court program; amending s.

25         397.334, F.S.; revising legislative intent with

26         respect to treatment-based drug court programs

27         to reflect participation by community support

28         agencies, the Department of Education, and

29         other individuals; including postadjudicatory

30         programs as part of treatment-based drug court

31         programs; requiring each judicial circuit to

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  1         establish a position for a coordinator of the

  2         treatment-based drug court program; requiring

  3         the chief judge of each judicial circuit to

  4         appoint an advisory committee for the

  5         treatment-based drug court program; providing

  6         for membership of the committee; amending s.

  7         948.08, F.S.; revising eligibility requirements

  8         for participation in pretrial intervention

  9         programs; authorizing the court to refer

10         certain defendants who are assessed with a

11         substance-abuse problem to a pretrial

12         intervention program with the approval of the

13         state attorney; deleting provisions authorizing

14         advisory committees for the district pretrial

15         intervention programs; amending s. 985.306,

16         F.S.; revising eligibility requirements for

17         participation in delinquency pretrial

18         intervention programs; authorizing the court to

19         refer certain juveniles who are assessed as

20         having a substance-abuse problem to a

21         substance-abuse education and treatment

22         intervention program; deleting provisions

23         authorizing advisory committees for the

24         district delinquency pretrial intervention

25         program; providing an effective date.

26

27  Be It Enacted by the Legislature of the State of Florida:

28

29         Section 1.  Subsection (4) of section 39.001, Florida

30  Statutes, is amended to read:

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  1         39.001  Purposes and intent; personnel standards and

  2  screening.--

  3         (4)  SUBSTANCE ABUSE SERVICES.--

  4         (a)  The Legislature recognizes that substance abuse is

  5  a primary cause of the dramatic rise in cases of child abuse

  6  and neglect, immeasurably increases the complexity of cases in

  7  the dependency system, severely compromises or destroys the

  8  ability of parents to provide a safe and nurturing home for

  9  children, and severely confounds the dependency system's

10  ability to protect children. The Legislature also recognizes

11  that early referral and comprehensive treatment can help

12  combat substance abuse in families and that treatment is

13  cost-effective. The Legislature further recognizes that

14  treatment-based drug court program models that integrate

15  judicial supervision, treatment, accountability, sanctions,

16  and community support greatly increase the effectiveness of

17  substance-abuse treatment and reduce the number of cases of

18  child abuse and neglect.

19         (b)  The substance-abuse treatment and family safety

20  programs of the Department of Children and Family Services

21  have identified the following goals for this state:

22         1.  Ensure the safety of children;

23         2.  Prevent and remediate the consequences of substance

24  abuse on families involved in protective supervision or foster

25  care and reduce substance abuse, including alcohol abuse, for

26  families who are at risk of being involved in protective

27  supervision or foster care;

28         3.  Expedite permanency for children and reunify

29  healthy, intact families, when appropriate; and

30         4.  Support families in recovery.

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  1         (c)  The Legislature finds that children in the care of

  2  the state's dependency system need appropriate health care

  3  services, that the impact of substance abuse on health

  4  indicates the need for health care services to include

  5  substance-abuse substance abuse services to children and

  6  parents where appropriate, and that it is in the state's best

  7  interest that such children be provided the services they need

  8  to enable them to become and remain independent of state care.

  9  In order to provide these services, the state's dependency

10  system must have the ability to identify and provide

11  appropriate intervention and treatment for children with

12  personal or family-related substance-abuse substance abuse

13  problems.

14         (d)  Parents and children should be assessed early and

15  continually in the process, but not later than the conference

16  date of the case-planning process, to identify substance-abuse

17  problems and appropriately address the severity of the

18  substance-abuse problem. Participation in treatment, including

19  a treatment-based drug court program, may be required by the

20  court following adjudication. This subsection does not prevent

21  a child's parent, and, when appropriate, the legal custodian,

22  from voluntarily entering treatment, including a

23  treatment-based drug court program, at the earliest stage of

24  the process.

25         (e)  It is therefore the purpose of the Legislature to

26  provide authority for the state to contract with community

27  substance-abuse substance abuse treatment providers for the

28  development and operation of specialized support and overlay

29  services for the dependency system, which will be fully

30  implemented and used utilized as resources permit.

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  1         (f)  It is the intent of the Legislature to encourage

  2  the Department of Children and Family Services, in conjunction

  3  with community agencies; treatment-based facilities;

  4  facilities dedicated to child welfare, child development, and

  5  mental health services; the Department of Health; other

  6  similar agencies; local governments; law enforcement agencies;

  7  and other interested public or private sources to support the

  8  drug court program model. Participation in the treatment-based

  9  drug court program does not divest any public or private

10  agency of its responsibility for a child or adult, but enables

11  these agencies to better meet their needs through shared

12  responsibility and resources.

13         Section 2.  Present subsections (11) through (16) of

14  section 39.402, Florida Statutes, are redesignated as

15  subsections (12) through (17), respectively, and a new

16  subsection (11) is added to that section, to read:

17         39.402  Placement in a shelter.--

18         (11)  At the shelter hearing, if the mental or physical

19  condition of a child or the child's parent, caregiver, legal

20  custodian, or other person requesting custody of the child is

21  in controversy, the court may order the person to submit to a

22  substance-abuse assessment or evaluation. The assessment or

23  evaluation must be administered by a qualified professional,

24  as defined in s. 397.311. The order may be made only upon good

25  cause shown and pursuant to the notice and procedures set

26  forth in the Florida Rules of Juvenile Procedure.

27         Section 3.  Section 39.407, Florida Statutes, is

28  amended to read:

29         39.407  Medical, psychiatric, and psychological

30  examination and treatment of child; physical, or mental, or

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  1  substance-abuse examination of parent or person requesting

  2  custody of child.--

  3         (1)  When any child is removed from the home and

  4  maintained in an out-of-home placement, the department is

  5  authorized to have a medical screening performed on the child

  6  without authorization from the court and without consent from

  7  a parent or legal custodian.  Such medical screening shall be

  8  performed by a licensed health care professional and shall be

  9  to examine the child for injury, illness, and communicable

10  diseases and to determine the need for immunization.  The

11  department shall by rule establish the invasiveness of the

12  medical procedures authorized to be performed under this

13  subsection.  In no case does this subsection authorize the

14  department to consent to medical treatment for such children.

15         (2)  When the department has performed the medical

16  screening authorized by subsection (1), or when it is

17  otherwise determined by a licensed health care professional

18  that a child who is in an out-of-home placement, but who has

19  not been committed to the department, is in need of medical

20  treatment, including the need for immunization, consent for

21  medical treatment shall be obtained in the following manner:

22         (a)1.  Consent to medical treatment shall be obtained

23  from a parent or legal custodian of the child; or

24         2.  A court order for such treatment shall be obtained.

25         (b)  If a parent or legal custodian of the child is

26  unavailable and his or her whereabouts cannot be reasonably

27  ascertained, and it is after normal working hours so that a

28  court order cannot reasonably be obtained, an authorized agent

29  of the department shall have the authority to consent to

30  necessary medical treatment, including immunization, for the

31  child. The authority of the department to consent to medical

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  1  treatment in this circumstance shall be limited to the time

  2  reasonably necessary to obtain court authorization.

  3         (c)  If a parent or legal custodian of the child is

  4  available but refuses to consent to the necessary treatment,

  5  including immunization, a court order shall be required unless

  6  the situation meets the definition of an emergency in s.

  7  743.064 or the treatment needed is related to suspected abuse,

  8  abandonment, or neglect of the child by a parent, caregiver,

  9  or legal custodian.  In such case, the department shall have

10  the authority to consent to necessary medical treatment.  This

11  authority is limited to the time reasonably necessary to

12  obtain court authorization.

13

14  In no case shall the department consent to sterilization,

15  abortion, or termination of life support.

16         (3)(a)  A judge may order a child in an out-of-home

17  placement to be examined by a licensed health care

18  professional.

19         (b)  The judge may also order such child to be

20  evaluated by a psychiatrist or a psychologist or, if a

21  developmental disability is suspected or alleged, by the

22  developmental disability diagnostic and evaluation team of the

23  department.  If it is necessary to place a child in a

24  residential facility for such evaluation, the criteria and

25  procedure established in s. 394.463(2) or chapter 393 shall be

26  used, whichever is applicable.

27         (c)  The judge may also order such child to be

28  evaluated by a district school board educational needs

29  assessment team. The educational needs assessment provided by

30  the district school board educational needs assessment team

31  shall include, but not be limited to, reports of intelligence

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  1  and achievement tests, screening for learning disabilities and

  2  other handicaps, and screening for the need for alternative

  3  education as defined in s. 230.23.

  4         (4)  A judge may order a child in an out-of-home

  5  placement to be treated by a licensed health care professional

  6  based on evidence that the child should receive treatment.

  7  The judge may also order such child to receive mental health

  8  or developmental disabilities services from a psychiatrist,

  9  psychologist, or other appropriate service provider.  Except

10  as provided in subsection (5), if it is necessary to place the

11  child in a residential facility for such services, the

12  procedures and criteria established in s. 394.467 or chapter

13  393 shall be used, whichever is applicable. A child may be

14  provided developmental disabilities or mental health services

15  in emergency situations, pursuant to the procedures and

16  criteria contained in s. 394.463(1) or chapter 393, whichever

17  is applicable.

18         (5)  Children who are in the legal custody of the

19  department may be placed by the department in a residential

20  treatment center licensed under s. 394.875 or a hospital

21  licensed under chapter 395 for residential mental health

22  treatment only pursuant to this section or may be placed by

23  the court in accordance with an order of involuntary

24  examination or involuntary placement entered pursuant to s.

25  394.463 or s. 394.467. All children placed in a residential

26  treatment program under this subsection must have a guardian

27  ad litem appointed.

28         (a)  As used in this subsection, the term:

29         1.  "Residential treatment" means placement for

30  observation, diagnosis, or treatment of an emotional

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  1  disturbance in a residential treatment center licensed under

  2  s. 394.875 or a hospital licensed under chapter 395.

  3         2.  "Least restrictive alternative" means the treatment

  4  and conditions of treatment that, separately and in

  5  combination, are no more intrusive or restrictive of freedom

  6  than reasonably necessary to achieve a substantial therapeutic

  7  benefit or to protect the child or adolescent or others from

  8  physical injury.

  9         3.  "Suitable for residential treatment" or

10  "suitability" means a determination concerning a child or

11  adolescent with an emotional disturbance as defined in s.

12  394.492(5) or a serious emotional disturbance as defined in s.

13  394.492(6) that each of the following criteria is met:

14         a.  The child requires residential treatment.

15         b.  The child is in need of a residential treatment

16  program and is expected to benefit from mental health

17  treatment.

18         c.  An appropriate, less restrictive alternative to

19  residential treatment is unavailable.

20         (b)  Whenever the department believes that a child in

21  its legal custody is emotionally disturbed and may need

22  residential treatment, an examination and suitability

23  assessment must be conducted by a qualified evaluator who is

24  appointed by the Agency for Health Care Administration. This

25  suitability assessment must be completed before the placement

26  of the child in a residential treatment center for emotionally

27  disturbed children and adolescents or a hospital. The

28  qualified evaluator must be a psychiatrist or a psychologist

29  licensed in Florida who has at least 3 years of experience in

30  the diagnosis and treatment of serious emotional disturbances

31  in children and adolescents and who has no actual or perceived

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  1  conflict of interest with any inpatient facility or

  2  residential treatment center or program.

  3         (c)  Before a child is admitted under this subsection,

  4  the child shall be assessed for suitability for residential

  5  treatment by a qualified evaluator who has conducted a

  6  personal examination and assessment of the child and has made

  7  written findings that:

  8         1.  The child appears to have an emotional disturbance

  9  serious enough to require residential treatment and is

10  reasonably likely to benefit from the treatment.

11         2.  The child has been provided with a clinically

12  appropriate explanation of the nature and purpose of the

13  treatment.

14         3.  All available modalities of treatment less

15  restrictive than residential treatment have been considered,

16  and a less restrictive alternative that would offer comparable

17  benefits to the child is unavailable.

18

19  A copy of the written findings of the evaluation and

20  suitability assessment must be provided to the department and

21  to the guardian ad litem, who shall have the opportunity to

22  discuss the findings with the evaluator.

23         (d)  Immediately upon placing a child in a residential

24  treatment program under this section, the department must

25  notify the guardian ad litem and the court having jurisdiction

26  over the child and must provide the guardian ad litem and the

27  court with a copy of the assessment by the qualified

28  evaluator.

29         (e)  Within 10 days after the admission of a child to a

30  residential treatment program, the director of the residential

31  treatment program or the director's designee must ensure that

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  1  an individualized plan of treatment has been prepared by the

  2  program and has been explained to the child, to the

  3  department, and to the guardian ad litem, and submitted to the

  4  department. The child must be involved in the preparation of

  5  the plan to the maximum feasible extent consistent with his or

  6  her ability to understand and participate, and the guardian ad

  7  litem and the child's foster parents must be involved to the

  8  maximum extent consistent with the child's treatment needs.

  9  The plan must include a preliminary plan for residential

10  treatment and aftercare upon completion of residential

11  treatment. The plan must include specific behavioral and

12  emotional goals against which the success of the residential

13  treatment may be measured. A copy of the plan must be provided

14  to the child, to the guardian ad litem, and to the department.

15         (f)  Within 30 days after admission, the residential

16  treatment program must review the appropriateness and

17  suitability of the child's placement in the program. The

18  residential treatment program must determine whether the child

19  is receiving benefit towards the treatment goals and whether

20  the child could be treated in a less restrictive treatment

21  program. The residential treatment program shall prepare a

22  written report of its findings and submit the report to the

23  guardian ad litem and to the department. The department must

24  submit the report to the court. The report must include a

25  discharge plan for the child. The residential treatment

26  program must continue to evaluate the child's treatment

27  progress every 30 days thereafter and must include its

28  findings in a written report submitted to the department. The

29  department may not reimburse a facility until the facility has

30  submitted every written report that is due.

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  1         (g)1.  The department must submit, at the beginning of

  2  each month, to the court having jurisdiction over the child, a

  3  written report regarding the child's progress towards

  4  achieving the goals specified in the individualized plan of

  5  treatment.

  6         2.  The court must conduct a hearing to review the

  7  status of the child's residential treatment plan no later than

  8  3 months after the child's admission to the residential

  9  treatment program. An independent review of the child's

10  progress towards achieving the goals and objectives of the

11  treatment plan must be completed by a qualified evaluator and

12  submitted to the court before its 3-month review.

13         3.  For any child in residential treatment at the time

14  a judicial review is held pursuant to s. 39.701, the child's

15  continued placement in residential treatment must be a subject

16  of the judicial review.

17         4.  If at any time the court determines that the child

18  is not suitable for continued residential treatment, the court

19  shall order the department to place the child in the least

20  restrictive setting that is best suited to meet his or her

21  needs.

22         (h)  After the initial 3-month review, the court must

23  conduct a review of the child's residential treatment plan

24  every 90 days.

25         (i)  The department must adopt rules for implementing

26  timeframes for the completion of suitability assessments by

27  qualified evaluators and a procedure that includes timeframes

28  for completing the 3-month independent review by the qualified

29  evaluators of the child's progress towards achieving the goals

30  and objectives of the treatment plan which review must be

31  submitted to the court. The Agency for Health Care

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  1  Administration must adopt rules for the registration of

  2  qualified evaluators, the procedure for selecting the

  3  evaluators to conduct the reviews required under this section,

  4  and a reasonable, cost-efficient fee schedule for qualified

  5  evaluators.

  6         (6)  When a child is in an out-of-home placement, a

  7  licensed health care professional shall be immediately called

  8  if there are indications of physical injury or illness, or the

  9  child shall be taken to the nearest available hospital for

10  emergency care.

11         (7)  Except as otherwise provided herein, nothing in

12  this section shall be deemed to eliminate the right of a

13  parent, legal custodian, or the child to consent to

14  examination or treatment for the child.

15         (8)  Except as otherwise provided herein, nothing in

16  this section shall be deemed to alter the provisions of s.

17  743.064.

18         (9)  A court shall not be precluded from ordering

19  services or treatment to be provided to the child by a duly

20  accredited practitioner who relies solely on spiritual means

21  for healing in accordance with the tenets and practices of a

22  church or religious organization, when required by the child's

23  health and when requested by the child.

24         (10)  Nothing in this section shall be construed to

25  authorize the permanent sterilization of the child unless such

26  sterilization is the result of or incidental to medically

27  necessary treatment to protect or preserve the life of the

28  child.

29         (11)  For the purpose of obtaining an evaluation or

30  examination, or receiving treatment as authorized pursuant to

31  this section, no child alleged to be or found to be dependent

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  1  shall be placed in a detention home or other program used

  2  primarily for the care and custody of children alleged or

  3  found to have committed delinquent acts.

  4         (12)  The parents or legal custodian of a child in an

  5  out-of-home placement remain financially responsible for the

  6  cost of medical treatment provided to the child even if either

  7  one or both of the parents or if the legal custodian did not

  8  consent to the medical treatment. After a hearing, the court

  9  may order the parents or legal custodian, if found able to do

10  so, to reimburse the department or other provider of medical

11  services for treatment provided.

12         (13)  Nothing in this section alters the authority of

13  the department to consent to medical treatment for a dependent

14  child when the child has been committed to the department and

15  the department has become the legal custodian of the child.

16         (14)  At any time after the filing of a shelter

17  petition or petition for dependency, when the mental or

18  physical condition, including the blood group, of a parent,

19  caregiver, legal custodian, or other person requesting custody

20  of a child is in controversy, the court may order the person

21  to submit to a physical or mental examination by a qualified

22  professional.  The order may be made only upon good cause

23  shown and pursuant to notice and procedures as set forth by

24  the Florida Rules of Juvenile Procedure.

25         (15)  At any time after a shelter petition or petition

26  for dependency is filed, if the mental or physical condition

27  of a child or the child's parent, caregiver, legal custodian,

28  or other person requesting custody of the child is in

29  controversy, the court, if it has not already done so, may

30  order the person to submit to a substance-abuse assessment and

31  evaluation. The assessment or evaluation must be administered

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  1  by a qualified professional, as defined in s. 397.311. The

  2  order may be made only upon good cause shown and pursuant to

  3  the notice and procedures set forth in the Florida Rules of

  4  Juvenile Procedure.

  5         Section 4.  Subsection (9) is added to section 39.507,

  6  Florida Statutes, to read:

  7         39.507  Adjudicatory hearings; orders of

  8  adjudication.--

  9         (9)  If the mental or physical condition of a child or

10  the child's parent, caregiver, legal custodian, or other

11  person requesting custody of the child is in controversy, the

12  court, if it has not already done so, may require the person

13  to submit to a substance-abuse assessment or evaluation. The

14  assessment or evaluation must be administered by a qualified

15  professional, as defined in s. 397.311. The court may also

16  require such person to participate in and comply with

17  treatment and services identified as necessary, including,

18  when appropriate and available, participation and compliance

19  with a treatment-based drug court program. The court,

20  including the treatment-based drug court program, shall

21  oversee the progress and compliance with treatment by the

22  child or the child's parent, legal custodian, caregiver, or

23  other person requesting custody of the child, and shall impose

24  appropriate available sanctions for noncompliance upon the

25  child's parent, legal custodian, caregiver, or other person

26  requesting custody of the child. Any order entered under this

27  subsection may be made only upon good cause shown and pursuant

28  to the notice and procedures set forth in the Florida Rules of

29  Juvenile Procedure.

30         Section 5.  Paragraph (b) of subsection (1) of section

31  39.521, Florida Statutes, is amended to read:

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  1         39.521  Disposition hearings; powers of disposition.--

  2         (1)  A disposition hearing shall be conducted by the

  3  court, if the court finds that the facts alleged in the

  4  petition for dependency were proven in the adjudicatory

  5  hearing, or if the parents or legal custodians have consented

  6  to the finding of dependency or admitted the allegations in

  7  the petition, have failed to appear for the arraignment

  8  hearing after proper notice, or have not been located despite

  9  a diligent search having been conducted.

10         (b)  When any child is adjudicated by a court to be

11  dependent, the court having jurisdiction of the child has the

12  power by order to:

13         1.  Require, if the court has not already done so, a

14  child or the child's parent, caregiver, legal custodian, or

15  other person requesting custody of the child to submit to a

16  substance-abuse assessment or evaluation when such person's

17  mental or physical condition is in controversy. The assessment

18  or evaluation must be administered by a qualified

19  professional, as defined in s. 397.311. The court may also

20  require such person to participate in treatment and services

21  identified as necessary, including participation and

22  compliance with a treatment-based drug court program, when

23  appropriate and if available. The court, including the

24  treatment-based drug court program, shall oversee the progress

25  and compliance with treatment by the child or the child's

26  parent, legal custodian, caregiver, or other person requesting

27  custody of the child, and shall impose appropriate available

28  sanctions for noncompliance upon the child's parent, legal

29  custodian, caregiver, or other person requesting custody of

30  the child. Any order entered under this paragraph may be made

31  only upon good cause shown and pursuant to the notice and

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  1  procedures set forth in the Florida Rules of Juvenile

  2  Procedure. the parent and, when appropriate, the legal

  3  custodian and the child, to participate in treatment and

  4  services identified as necessary.

  5         2.  Require, if the court deems necessary, the parties

  6  to participate in dependency mediation.

  7         3.  Require placement of the child either under the

  8  protective supervision of an authorized agent of the

  9  department in the home of one or both of the child's parents

10  or in the home of a relative of the child or another adult

11  approved by the court, or in the custody of the department.

12  Protective supervision continues until the court terminates it

13  or until the child reaches the age of 18, whichever date is

14  first. Protective supervision shall be terminated by the court

15  whenever the court determines that permanency has been

16  achieved for the child, whether with a parent, another

17  relative, or a legal custodian, and that protective

18  supervision is no longer needed. The termination of

19  supervision may be with or without retaining jurisdiction, at

20  the court's discretion, and shall in either case be considered

21  a permanency option for the child. The order terminating

22  supervision by the department shall set forth the powers of

23  the custodian of the child and shall include the powers

24  ordinarily granted to a guardian of the person of a minor

25  unless otherwise specified. Upon the court's termination of

26  supervision by the department, no further judicial reviews are

27  required, so long as permanency has been established for the

28  child.

29         Section 6.  Paragraph (d) of subsection (8) of section

30  39.701, Florida Statutes, is amended to read:

31         39.701  Judicial review.--

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  1         (8)

  2         (d)  The court may extend the time limitation of the

  3  case plan, or may modify the terms of the plan, which, in

  4  addition to other modifications, may include a requirement

  5  that the parent, foster parent, or legal custodian participate

  6  in a treatment-based drug court program, based upon

  7  information provided by the social service agency, and the

  8  guardian ad litem, if one has been appointed, the parent or

  9  parents, and the foster parents or legal custodian, and any

10  other competent information on record demonstrating the need

11  for the amendment. If the court extends the time limitation of

12  the case plan, the court must make specific findings

13  concerning the frequency of past parent-child visitation, if

14  any, and the court may authorize the expansion or restriction

15  of future visitation. Modifications to the plan must be

16  handled as prescribed in s. 39.601. Any extension of a case

17  plan must comply with the time requirements and other

18  requirements specified by this chapter.

19         Section 7.  Section 397.334, Florida Statutes, is

20  amended to read:

21         397.334  Treatment-based drug court programs.--

22         (1)  It is the intent of the Legislature to implement

23  treatment-based drug court programs in each judicial circuit

24  in an effort to reduce crime and recidivism, abuse and neglect

25  cases, and family dysfunction by breaking the cycle of

26  addiction, which is the most predominant cause of cases

27  entering the justice system.  The Legislature recognizes that

28  the integration of judicial supervision, treatment,

29  accountability, and sanctions, and community support greatly

30  increases the effectiveness of substance-abuse substance abuse

31  treatment.  The Legislature also seeks to ensure that there is

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  1  a coordinated, integrated, and multidisciplinary response to

  2  the substance-abuse substance abuse problem in this state,

  3  with special attention given to the creation of creating

  4  partnerships among between the public, community, and private

  5  sectors and to the coordinated, supported, and integrated

  6  delivery of multiple-system services for substance abusers,

  7  including a multiagency team approach to service delivery and

  8  aftercare services.

  9         (2)  Each judicial circuit shall establish a model of a

10  treatment-based drug court program under which persons in the

11  justice system assessed with a substance-abuse substance abuse

12  problem will be processed in such a manner as to appropriately

13  address the severity of the identified substance-abuse

14  substance abuse problem through treatment services plans

15  tailored to the individual needs of the participant. These

16  treatment-based drug court program models may be established

17  in the misdemeanor, felony, family, delinquency, and

18  dependency divisions of the judicial circuits.  It is the

19  intent of the Legislature to encourage the Department of

20  Corrections, the Department of Children and Family Services,

21  the Department of Juvenile Justice, the Department of Health,

22  the Department of Law Enforcement, the Department of

23  Education, and other such other agencies, local governments,

24  law enforcement agencies, and other interested public or

25  private sources, and individuals to support the creation and

26  establishment of these problem-solving court programs.

27  Participation in the treatment-based drug court programs does

28  not divest any public or private agency of its responsibility

29  for a child or adult, but enables allows these agencies to

30  better meet their needs through shared responsibility and

31  resources.

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  1         (3)  The treatment-based drug court programs shall

  2  include therapeutic jurisprudence and restorative-justice

  3  principles and adhere to the following 10 key components,

  4  recognized by the Drug Courts Program Office of the Office of

  5  Justice Programs of the United States Department of Justice

  6  and adopted by the Florida Supreme Court Treatment-Based Drug

  7  Court Steering Committee:

  8         (a)  Drug court programs integrate alcohol and other

  9  drug treatment services with justice system case processing.

10         (b)  Using a nonadversarial approach, prosecution and

11  defense counsel promote public safety while protecting

12  participants' due process rights.

13         (c)  Eligible participants are identified early and

14  promptly placed in the drug court program.

15         (d)  Drug court programs provide access to a continuum

16  of alcohol, drug, and other related treatment and

17  rehabilitation services.

18         (e)  Abstinence is monitored by frequent testing for

19  alcohol and other drugs.

20         (f)  A coordinated strategy governs drug court program

21  responses to participants' compliance.

22         (g)  Ongoing judicial interaction with each drug court

23  program participant is essential.

24         (h)  Monitoring and evaluation measure the achievement

25  of program goals and gauge program effectiveness.

26         (i)  Continuing interdisciplinary education promotes

27  effective drug court program planning, implementation, and

28  operations.

29         (j)  Forging partnerships among drug court programs,

30  public agencies, and community-based organizations generates

31  local support and enhances drug court program effectiveness.

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  1         (4)  Treatment-based drug court programs may include

  2  pretrial intervention programs as provided in ss. 948.08,

  3  948.16, and 985.306; postadjudicatory programs; and the

  4  monitoring of sentenced offenders through a treatment-based

  5  drug court program. Supervision may also be provided for

  6  offenders who transfer from jail or a prison-based treatment

  7  program into the community.

  8         (5)  Contingent upon an annual appropriation by the

  9  Legislature, each judicial circuit shall establish, at a

10  minimum, one coordinator position for the treatment-based drug

11  court program within the state courts system to coordinate the

12  responsibilities of the participating agencies and service

13  providers. Each coordinator shall provide direct support to

14  the treatment-based drug court program by providing

15  coordination between the multidisciplinary team and the

16  judiciary, providing case management, monitoring compliance of

17  the participants in the treatment-based drug court program

18  with court requirements, and providing program evaluation and

19  accountability.

20         (6)(5)(a)  The Florida Association of Drug Court

21  Program Professionals is created.  The membership of the

22  association may consist of treatment-based drug court program

23  practitioners who comprise the multidisciplinary

24  treatment-based drug court program team, including, but not

25  limited to, judges, state attorneys, defense counsel, drug

26  court program coordinators, probation officers, law

27  enforcement officers, community representatives, members of

28  the academic community, and treatment professionals.

29  Membership in the association shall be voluntary.

30         (b)  The association shall annually elect a chair whose

31  duty is to solicit recommendations from members on issues

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  1  relating to the expansion, operation, and institutionalization

  2  of treatment-based drug court programs.  The chair is

  3  responsible for providing the association's recommendations to

  4  the Supreme Court Treatment-Based Drug Court Steering

  5  Committee, and shall submit a report each year, on or before

  6  October 1, to the steering committee.

  7         (7)  The chief judge of each judicial circuit may

  8  appoint an advisory committee for the treatment-based drug

  9  court program. The committee shall be composed of the chief

10  judge or his or her designee, who shall serve as chairperson;

11  the judge of the treatment-based drug court program, if not

12  otherwise designated by the chief judge as his or her

13  designee; the state attorney, or his or her designee; the

14  public defender, or his or her designee; the treatment-based

15  drug court program coordinators; community representatives;

16  and any other persons the chairperson finds are appropriate.

17         Section 8.  Subsections (6), (7), and (8) of section

18  948.08, Florida Statutes, are amended to read:

19         948.08  Pretrial intervention program.--

20         (6)(a)  Notwithstanding any provision of this section,

21  a person who is charged with a felony of the second or third

22  degree for purchase or possession of a controlled substance

23  under chapter 893, tampering with evidence, solicitation for

24  purchase of a controlled substance, or obtaining a

25  prescription by fraud; who has not been charged with a crime

26  involving violence, including, but not limited to, murder,

27  sexual battery, robbery, carjacking, home-invasion robbery, or

28  any other crime involving violence; and who has not previously

29  been convicted of a felony nor been admitted to a felony

30  pretrial program referred to in this section is eligible for

31  admission into a pretrial substance-abuse substance abuse

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  1  education and treatment intervention program approved by the

  2  chief judge of the circuit, for a period of not less than 1

  3  year in duration, upon motion of either party or the court's

  4  own motion, except:

  5         1.  If a defendant was previously offered admission to

  6  a pretrial substance abuse education and treatment

  7  intervention program at any time prior to trial and the

  8  defendant rejected that offer on the record, then the court or

  9  the state attorney may deny the defendant's admission to such

10  a program.

11         1.2.  If the state attorney believes that the facts and

12  circumstances of the case suggest the defendant's involvement

13  in the dealing and selling of controlled substances, the court

14  shall hold a preadmission hearing. If the state attorney

15  establishes, by a preponderance of the evidence at such

16  hearing, that the defendant was involved in the dealing or

17  selling of controlled substances, the court shall deny the

18  defendant's admission into a pretrial intervention program.

19         2.  A defendant assessed with a substance-abuse problem

20  who is charged for the first time with a nonviolent

21  third-degree felony and a defendant assessed with a

22  substance-abuse problem who has previously been convicted of a

23  nonviolent third-degree felony who is charged with a second or

24  subsequent nonviolent third-degree felony may, with the

25  approval of the state attorney, be referred to the program

26  outlined in this subsection. Upon successful completion of the

27  program, the defendant is entitled to dismissal of the pending

28  charge involving a nonviolent third-degree felony.

29         (b)  At the end of the pretrial intervention period,

30  the court shall consider the recommendation of the

31  administrator pursuant to subsection (5) and the

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  1  recommendation of the state attorney as to disposition of the

  2  pending charges.  The court shall determine, by written

  3  finding, whether the defendant has successfully completed the

  4  pretrial intervention program.

  5         (c)1.  If the court finds that the defendant has not

  6  successfully completed the pretrial intervention program, the

  7  court may order the person to continue in education and

  8  treatment or order that the charges revert to normal channels

  9  for prosecution.

10         2.  The court shall dismiss the charges upon a finding

11  that the defendant has successfully completed the pretrial

12  intervention program.

13         (d)  Any entity, whether public or private, providing a

14  pretrial substance-abuse substance abuse education and

15  treatment intervention program under this subsection must

16  contract with the county or appropriate governmental entity,

17  and the terms of the contract must include, but need not be

18  limited to, the requirements established for private entities

19  under s. 948.15(3).

20         (7)  The chief judge in each circuit may appoint an

21  advisory committee for the pretrial intervention program

22  composed of the chief judge or his or her designee, who shall

23  serve as chair; the state attorney, the public defender, and

24  the program administrator, or their designees; and such other

25  persons as the chair deems appropriate. The advisory committee

26  may not designate any defendant eligible for a pretrial

27  intervention program for any offense that is not listed under

28  paragraph (6)(a) without the state attorney's recommendation

29  and approval. The committee may also include persons

30  representing any other agencies to which persons released to

31  the pretrial intervention program may be referred.

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  1         (7)(8)  The department may contract for the services

  2  and facilities necessary to operate pretrial intervention

  3  programs.

  4         Section 9.  Section 985.306, Florida Statutes, is

  5  amended to read:

  6         985.306  Delinquency pretrial intervention program.--

  7         (1)(a)  Notwithstanding any provision of law to the

  8  contrary, a child who is charged under chapter 893 with a

  9  misdemeanor; a felony of the second or third degree for

10  purchase or possession of a controlled substance under chapter

11  893; tampering with evidence, solicitation for purchase of a

12  controlled substance, or obtaining a prescription by fraud,

13  and who has not previously been adjudicated for a felony nor

14  been admitted to a delinquency pretrial intervention program

15  under this section, is eligible for admission into a

16  delinquency pretrial substance-abuse substance abuse education

17  and treatment intervention program approved by the chief judge

18  or alternative sanctions coordinator of the circuit to the

19  extent that funded programs are available, for a period based

20  on the program requirements and the treatment services that

21  are suitable for the offender of not less than 1 year in

22  duration, upon motion of either party or the court's own

23  motion, except:.

24         (a)  If the state attorney believes that the facts and

25  circumstances of the case suggest the child's involvement in

26  the dealing and selling of controlled substances, the court

27  shall hold a preadmission hearing. If the state attorney

28  establishes by a preponderance of the evidence at such hearing

29  that the child was involved in the dealing and selling of

30  controlled substances, the court shall deny the child's

31  admission into a delinquency pretrial intervention program.

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  1         (b)  A child assessed with a substance-abuse problem

  2  who is charged for the first time with a nonviolent

  3  third-degree felony and a child assessed with a

  4  substance-abuse problem who has previously been adjudicated

  5  guilty of or delinquent for a nonviolent third-degree felony

  6  who is charged with a second or subsequent nonviolent

  7  third-degree felony may, with the approval of the state

  8  attorney, be referred to the program outlined in this

  9  subsection. Upon successful completion of the program, the

10  child is entitled to dismissal of the pending charge as

11  provided in paragraph (3)(b).

12         (2)(b)  At the end of the delinquency pretrial

13  intervention period, the court shall consider the

14  recommendation of the state attorney and the program

15  administrator as to disposition of the pending charges.  The

16  court shall determine, by written finding, whether the child

17  has successfully completed the delinquency pretrial

18  intervention program.

19         (3)(a)(c)1.  If the court finds that the child has not

20  successfully completed the delinquency pretrial intervention

21  program, the court may order the child to continue in an

22  education, treatment, or urine monitoring program if resources

23  and funding are available or order that the charges revert to

24  normal channels for prosecution.

25         (b)2.  The court may dismiss the charges upon a finding

26  that the child has successfully completed the delinquency

27  pretrial intervention program.

28         (4)(d)  Any entity, whether public or private,

29  providing pretrial substance-abuse substance abuse education,

30  treatment intervention, and a urine monitoring program under

31  this section must contract with the county or appropriate

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  1  governmental entity, and the terms of the contract must

  2  include, but need not be limited to, the requirements

  3  established for private entities under s. 948.15(3). It is the

  4  intent of the Legislature that public or private entities

  5  providing substance-abuse substance abuse education and

  6  treatment intervention programs involve the active

  7  participation of parents, schools, churches, businesses, law

  8  enforcement agencies, and the department or its contract

  9  providers.

10         (2)  The chief judge in each circuit may appoint an

11  advisory committee for the delinquency pretrial intervention

12  program composed of the chief judge or designee, who shall

13  serve as chair; the state attorney, the public defender, and

14  the program administrator, or their designees; and such other

15  persons as the chair deems appropriate.  The committee may

16  also include persons representing any other agencies to which

17  children released to the delinquency pretrial intervention

18  program may be referred.

19         Section 10.  This act shall take effect July 1, 2002.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for a child or the child's parent, caregiver, or
  4    legal custodian before the court in a shelter hearing,
      petition for dependency, or other disposition hearing to
  5    be subject to assessment and treatment for substance
      abuse. Requires that such evaluation be administered by a
  6    qualified professional. Requires notice and a showing of
      good cause. Authorizes the court to impose sanctions
  7    against the child's parent or other caregiver for
      noncompliance with a treatment-based drug court program.
  8    Authorizes the court to extend the time for completing a
      case plan upon participation in a treatment-based drug
  9    court program. Contingent upon funding, provides for a
      coordinator of the treatment-based drug court program.
10    Requires the chief judge of each judicial circuit to
      appoint an advisory committee for the treatment-based
11    drug court program. Authorizes the court to refer certain
      adult and juvenile defendants who are assessed with a
12    substance-abuse problem to a pretrial intervention
      program with the approval of the state attorney. See bill
13    for details.

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