Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1344
       
       
       
       
       
       
                                Ì934982HÎ934982                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/17/2025           .                                
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       The Committee on Fiscal Policy (Simon) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1705 - 2583
    4  and insert:
    5  be contacted If the department determines that placement in a
    6  shelter is necessary according to the provisions of subsection
    7  (1), the departmental representative shall authorize placement
    8  of the child in a shelter provided by the community specifically
    9  for runaways and troubled youth who are children in need of
   10  services or members of families in need of services and shall
   11  immediately notify the parents or legal custodians that the
   12  child was taken into custody.
   13         (3)A child who is involuntarily placed in a shelter shall
   14  be given a shelter hearing within 24 hours after being taken
   15  into custody to determine whether shelter placement is required.
   16  The shelter petition filed with the court shall address each
   17  condition required to be determined in subsection (1).
   18         (4)A child may not be held involuntarily in a shelter
   19  longer than 24 hours unless an order so directing is made by the
   20  court after a shelter hearing finding that placement in a
   21  shelter is necessary based on the criteria in subsection (1) and
   22  that the department has made reasonable efforts to prevent or
   23  eliminate the need for removal of the child from the home.
   24         (5)Except as provided under s. 984.225, a child in need of
   25  services or a child from a family in need of services may not be
   26  placed in a shelter for longer than 35 days.
   27         (6)When any child is placed in a shelter pursuant to court
   28  order following a shelter hearing, the court shall order the
   29  natural or adoptive parents of such child, the natural father of
   30  such child born out of wedlock who has acknowledged his
   31  paternity in writing before the court, or the guardian of such
   32  child’s estate, if possessed of assets which under law may be
   33  disbursed for the care, support, and maintenance of the child,
   34  to pay, to the department, fees as established by the
   35  department. When the order affects the guardianship estate, a
   36  certified copy of the order shall be delivered to the judge
   37  having jurisdiction of the guardianship estate.
   38         (7)A child who is adjudicated a child in need of services
   39  or alleged to be from a family in need of services or a child in
   40  need of services may not be placed in a secure detention
   41  facility or jail or any other commitment program for delinquent
   42  children under any circumstances.
   43         (8)The court may order the placement of a child in need of
   44  services into a staff-secure facility for no longer than 5 days
   45  for the purpose of evaluation and assessment.
   46         Section 26. Section 984.15, Florida Statutes, is amended to
   47  read:
   48         984.15 Petition for a child in need of services.—
   49         (1) All proceedings seeking an adjudication that a child is
   50  a child in need of services shall be initiated by the filing of
   51  a petition by an attorney representing the department or by the
   52  child’s parent, legal guardian, or legal custodian. If a child
   53  in need of services has been placed in a shelter pursuant to s.
   54  984.14, the department shall file the petition immediately,
   55  including in the petition notice of arraignment pursuant to s.
   56  984.20.
   57         (2)(a) The department shall file a petition for a child in
   58  need of services if the child meets the definition of a child in
   59  need of services, and the case manager or staffing committee
   60  recommends requests that a petition be filed and:
   61         1. The family and child have in good faith, but
   62  unsuccessfully, used the services and process described in ss.
   63  984.11 and 984.12; or
   64         2. The family or child have refused all services described
   65  in ss. 984.11 and 984.12 after reasonable efforts by the
   66  department to involve the family and child in voluntary family
   67  services and treatment.
   68         (b) Once the requirements in paragraph (a) have been met,
   69  the department shall file a petition for a child in need of
   70  services as soon as practicable within 45 days.
   71         (c) The petition shall be in writing, shall state the
   72  specific grounds under s. 984.03(9) by which the child is
   73  designated a child in need of services, and shall certify that
   74  the conditions prescribed in paragraph (a) have been met. The
   75  petition shall be signed by the petitioner under oath stating
   76  good faith in filing the petition and shall be signed by an
   77  attorney for the department.
   78         (3)(a) The parent, legal guardian, or legal custodian may
   79  file a petition alleging that a child is a child in need of
   80  services if:
   81         1. The department waives the requirement for a case
   82  staffing committee.
   83         2. The department fails to convene a meeting of the case
   84  staffing committee within 7 days, excluding weekends and legal
   85  holidays, after receiving a written request for such a meeting
   86  from the child’s parent, legal guardian, or legal custodian.
   87         3. The parent, legal guardian, or legal custodian does not
   88  agree with the plan for services offered by the case staffing
   89  committee.
   90         4. The department fails to provide a written report within
   91  7 days after the case staffing committee meets, as required
   92  under s. 984.12(10) s. 984.12(8).
   93         (b) The parent, legal guardian, or legal custodian must
   94  give the department prior written notice of intent to file the
   95  petition. If, at the arraignment hearing, the court finds that
   96  such written notice of intent to file the petition was not
   97  provided to the department, the court shall dismiss the
   98  petition, postpone the hearing until such written notice is
   99  given, or, if the department agrees, proceed with the
  100  arraignment hearing. The petition must be served on the
  101  department’s office of general counsel.
  102         (c) The petition must be in writing and must set forth
  103  specific facts alleging that the child is a child in need of
  104  services as defined in s. 984.03(9). The petition must also
  105  demonstrate that the parent, legal guardian, or legal custodian
  106  has in good faith, but unsuccessfully, participated in the
  107  services and processes described in ss. 984.11 and 984.12.
  108         (4)(d) The petition must be signed by the petitioner under
  109  oath.
  110         (5)(e) The court, on its own motion or the motion of any
  111  party or the department, shall determine the legal sufficiency
  112  of a petition filed under this subsection and may dismiss any
  113  petition that lacks sufficient grounds. In addition, the court
  114  shall verify that the child is not:
  115         (a)1. The subject of a pending investigation into an
  116  allegation or suspicion of abuse, neglect, or abandonment;
  117         (b)2. The subject of a pending petition referral alleging
  118  that the child is delinquent; or
  119         (c)3. Under the current supervision of the department or
  120  the Department of Children and Families for an adjudication or
  121  withholding of adjudication of delinquency or dependency.
  122         (6)(4) The form of the petition and any additional contents
  123  shall be determined by rules of procedure adopted by the Supreme
  124  Court.
  125         (7)(5) The petitioner department or the parent, guardian,
  126  or legal custodian may withdraw a petition at any time before
  127  prior to the child is being adjudicated a child in need of
  128  services.
  129         Section 27. Section 984.151, Florida Statutes, is amended
  130  to read:
  131         984.151 Early truancy intervention; truancy petition;
  132  judgment prosecution; disposition.—
  133         (1) If the school determines that a student subject to
  134  compulsory school attendance has had at least five unexcused
  135  absences, or absences for which the reasons are unknown, within
  136  a calendar month or 10 unexcused absences, or absences for which
  137  the reasons are unknown, within a 90-calendar-day period
  138  pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused
  139  absences in a 90-calendar-day period, the superintendent of
  140  schools or his or her designee may file a truancy petition
  141  seeking early truancy intervention.
  142         (2) The petition shall be filed in the circuit in which the
  143  student is enrolled in school.
  144         (3) Original jurisdiction to hear a truancy petition shall
  145  be in the circuit court; however, the circuit court may use a
  146  general or special magistrate master pursuant to Supreme Court
  147  rules. Upon the filing of the petition, the clerk shall issue a
  148  summons to the parent, legal guardian, or legal custodian of the
  149  student, directing that person and the student to appear for a
  150  hearing at a time and place specified.
  151         (4) The petition must contain the following: the name, age,
  152  and address of the student; the name and address of the
  153  student’s parent or guardian; the school where the student is
  154  enrolled; the efforts the school has made to get the student to
  155  attend school in compliance with s. 1003.26; the number of out
  156  of-school contacts between the school system and student’s
  157  parent or guardian; and the number of days and dates of days the
  158  student has missed school. The petition shall be sworn to by the
  159  superintendent or his or her designee.
  160         (5) Once the petition is filed, the court shall hear the
  161  petition within 30 days.
  162         (6) The student and the student’s parent or guardian shall
  163  attend the hearing.
  164         (7) If the court determines that the student did miss any
  165  of the alleged days, the court shall enter an order finding the
  166  child to be a truant status offender and the court shall order
  167  the student to attend school and order the parent, legal
  168  guardian, or custodian to ensure that the student attends
  169  school. The court’s power under this subsection is limited to
  170  entering orders to require the student to attend school and
  171  require the student and family to participate in services to
  172  encourage regular school attendance. The court, and may order
  173  any of the following services:
  174         (a) The student to participate in alternative sanctions to
  175  include mandatory attendance at alternative classes; to be
  176  followed by mandatory community services hours for a period up
  177  to 6 months; the student and
  178         (b) The student’s parent, legal or guardian, or custodian
  179  to participate in parenting classes homemaker or parent aide
  180  services;
  181         (c) The student or the student’s parent, legal or guardian
  182  or custodian to participate in individual, group, or family
  183  intensive crisis counseling;
  184         (d) The student or the student’s parent, legal or guardian
  185  or custodian to participate in community mental health services
  186  or substance abuse treatment services if available and
  187  applicable;
  188         (e) The student and the student’s parent, legal or
  189  guardian, or custodian to participate in services service
  190  provided by state or community voluntary or community agencies,
  191  if appropriate as available, including services for families in
  192  need of services as provided in s. 984.11;
  193         (f)The student and the student’s parent, legal guardian,
  194  or custodian to attend meetings with school officials to address
  195  the child’s educational needs, classroom assignment, class
  196  schedule, and other barriers to school attendance identified by
  197  the child’s school, the child or his or her family;
  198         (g)The student and the student’s parent, legal guardian,
  199  or custodian to engage in learning activities provided by the
  200  school board as to why education is important and the potential
  201  impact on the child’s future employment and education options if
  202  the attendance problem persists; or
  203         (h)and The student or the student’s parent, legal or
  204  guardian, or custodian to participate in vocational or, job
  205  training, or employment services.
  206         (8) If the student does not substantially comply with
  207  compulsory school attendance and court-ordered services required
  208  under successfully complete the sanctions ordered in subsection
  209  (7), and the child meets the definition of a child in need of
  210  services, the case shall be referred by the court to the
  211  department’s authorized agent for review by the case staffing
  212  committee under s. 984.12 with a recommendation to file a
  213  petition for child in need of services child-in-need-of-services
  214  petition under s. 984.15. The court shall review the case not
  215  less than every 45 days to determine whether the child is in
  216  substantial compliance with compulsory education or if the case
  217  should be referred to the case staffing committee in accord with
  218  this subsection.
  219         (9)If the student substantially complies with compulsory
  220  school attendance the court shall close the truancy case.
  221         (10)If the child is adjudicated a child in need of
  222  services pursuant to s. 984.21, the truancy case shall be closed
  223  and jurisdiction relinquished in accordance with s. 984.04.
  224         (11)The court may retain jurisdiction of any case in which
  225  the child is noncompliant with compulsory education and the
  226  child does not meet the definition of a child in need of
  227  services under this chapter until jurisdiction lapses pursuant
  228  to s. 984.04.
  229         (12)The court may not order a child placed in shelter
  230  pursuant to this section unless the court has found the child to
  231  be in contempt for violation of a court order under s. 984.09.
  232         (13)(9) The parent, legal guardian, or legal custodian and
  233  the student shall participate, as required by court order, in
  234  any sanctions or services required by the court under this
  235  section, and the court shall enforce such participation through
  236  its contempt power.
  237         (14)Any truant student that meets the definition of a
  238  child in need of services and who has been found in contempt for
  239  violation of a court order under s. 984.09 two or more times
  240  shall be referred to the case staffing committee under s. 984.12
  241  with a recommendation to file a petition for a child in need of
  242  services.
  243         (15)The clerk of court must serve any court order
  244  referring the case to voluntary family services or the case
  245  staffing committee to the department’s office of general counsel
  246  and to the department’s authorized agent.
  247         Section 28. Subsections (3) and (5) of section 984.16,
  248  Florida Statutes, are amended, and subsection (11) is added to
  249  that section, to read:
  250         984.16 Process and service for child in need of services
  251  petitions.—
  252         (3) The summons shall require the person on whom it is
  253  served to appear for a hearing at a time, and place, and manner
  254  specified. Except in cases of medical emergency, the time shall
  255  not be less than 24 hours after service of the summons. The
  256  summons must may require the custodian to bring the child to
  257  court if the court determines that the child’s presence is
  258  necessary. A copy of the petition shall be attached to the
  259  summons.
  260         (5) The jurisdiction of the court shall attach to the child
  261  and the parent, legal guardian, or custodian, or legal guardian
  262  of the child and the case when the summons is served upon the
  263  child or a parent, or legal guardian, or actual custodian of the
  264  child; or when the child is taken into custody with or without
  265  service of summons and after filing of a petition for a child in
  266  need of services; or when a party personally appears before the
  267  court whichever occurs first, and thereafter the court may
  268  control the child and case in accordance with this chapter.
  269         (11)If a court takes action that directly involves a
  270  student’s school, including, but not limited to, an order that a
  271  student attend school, attend school with his or her parent,
  272  requiring the parent to participate in meetings, including
  273  parent-teacher conferences, Section 504 plan meetings or
  274  individualized education plan meetings to address the student’s
  275  disability, the office of the clerk of the court shall provide
  276  notice to the school of the court’s order.
  277         Section 29. Section 984.17, Florida Statutes, is amended to
  278  read:
  279         984.17 Response to petition and representation of parties.—
  280         (1) At the time a child in need of services petition is
  281  filed, the court may appoint a guardian ad litem for the child.
  282         (2) No answer to the petition or any other pleading need be
  283  filed by any child, parent, or legal guardian, or custodian, but
  284  any matters which might be set forth in an answer or other
  285  pleading may be pleaded orally before the court or filed in
  286  writing as any such person may choose. Notwithstanding the
  287  filing of an answer or any pleading, the child and or parent,
  288  legal guardian, or custodian shall, before prior to an
  289  adjudicatory hearing, be advised by the court of the right to
  290  counsel.
  291         (3) When a petition for a child in need of services has
  292  been filed and the parents, legal guardian, or legal custodian
  293  of the child and the child have advised the department that the
  294  truth of the allegations is acknowledged and that no contest is
  295  to be made of the adjudication, the attorney representing the
  296  department may set the case before the court for a disposition
  297  hearing. If there is a change in the plea at this hearing, the
  298  court shall continue the hearing to permit the attorney
  299  representing the department to prepare and present the case.
  300         (4) An attorney representing the department shall represent
  301  the state in any proceeding in which the petition alleges that a
  302  child is a child in need of services and in which a party denies
  303  the allegations of the petition and contests the adjudication.
  304         Section 30. Section 984.18, Florida Statutes, is repealed.
  305         Section 31. Section 984.19, Florida Statutes, is amended to
  306  read:
  307         984.19 Medical screening and treatment of child;
  308  examination of parent, legal guardian, or person requesting
  309  custody.—
  310         (1) When any child is to be placed in shelter care, the
  311  department or its authorized agent may is authorized to have a
  312  medical screening provided for performed on the child without
  313  authorization from the court and without consent from a parent,
  314  legal or guardian, or custodian. Such medical screening shall be
  315  provided performed by a licensed health care professional and
  316  shall be to screen examine the child for injury, illness, and
  317  communicable diseases. In no case does this subsection authorize
  318  the department to consent to medical treatment for such
  319  children.
  320         (2) When the department has performed the medical screening
  321  authorized by subsection (1) or when it is otherwise determined
  322  by a licensed health care professional that a child is in need
  323  of medical treatment, consent for medical treatment shall be
  324  obtained in the following manner:
  325         (a)1. Consent to medical treatment shall be obtained from a
  326  parent, legal or guardian, or custodian of the child; or
  327         2. A court order for such treatment shall be obtained.
  328         (b) If a parent, legal or guardian, or custodian of the
  329  child is unavailable and his or her whereabouts cannot be
  330  reasonably ascertained, and it is after normal working hours so
  331  that a court order cannot reasonably be obtained, an authorized
  332  agent of the department or its provider has the authority to
  333  consent to necessary medical treatment for the child. The
  334  authority of the department to consent to medical treatment in
  335  this circumstance is limited to the time reasonably necessary to
  336  obtain court authorization.
  337         (c) If a parent, legal or guardian, or custodian of the
  338  child is available but refuses to consent to the necessary
  339  treatment, a court order is required, unless the situation meets
  340  the definition of an emergency in s. 743.064 or the treatment
  341  needed is related to suspected abuse or neglect of the child by
  342  the parent or guardian. In such case, the department’s
  343  authorized agent may department has the authority to consent to
  344  necessary medical treatment. This authority is limited to the
  345  time reasonably necessary to obtain court authorization.
  346  
  347  In no case may the department consent to sterilization,
  348  abortion, or termination of life support.
  349         (3) A judge may order that a child alleged to be or
  350  adjudicated a child in need of services be examined by a
  351  licensed health care professional. The judge may also order such
  352  child to be evaluated by a psychiatrist or a psychologist, by a
  353  district school board educational needs assessment team, or, if
  354  a developmental disability is suspected or alleged, by the
  355  developmental disability diagnostic and evaluation team of the
  356  Department of Children and Families or Agency for Persons with
  357  Disabilities. The judge may order a family assessment if that
  358  assessment was not completed at an earlier time. If it is
  359  necessary to place a child in a residential facility for such
  360  evaluation, then the criteria and procedure established in s.
  361  394.463(2) or chapter 393 shall be used, whichever is
  362  applicable. The educational needs assessment provided by the
  363  district school board educational needs assessment team shall
  364  include, but not be limited to, reports of intelligence and
  365  achievement tests, screening for learning disabilities and other
  366  handicaps, and screening for the need for alternative education
  367  pursuant to s. 1003.53.
  368         (4) A judge may order that a child alleged to be or
  369  adjudicated a child in need of services be treated by a licensed
  370  health care professional. The judge may also order such child to
  371  receive mental health or intellectual disability services from a
  372  psychiatrist, psychologist, or other appropriate service
  373  provider. If it is necessary to place the child in a residential
  374  facility for such services, the procedures and criteria
  375  established in s. 394.467 or chapter 393 shall be used, as
  376  applicable. A child may be provided services in emergency
  377  situations pursuant to the procedures and criteria contained in
  378  s. 394.463(1) or chapter 393, as applicable.
  379         (5) When there are indications of physical injury or
  380  illness, a licensed health care professional shall be
  381  immediately contacted called or the child shall be taken to the
  382  nearest available hospital for emergency care.
  383         (6) Except as otherwise provided herein, nothing in this
  384  section does not shall be deemed to eliminate the right of a
  385  parent, legal a guardian, or custodian, or the child to consent
  386  to examination or treatment for the child.
  387         (7) Except as otherwise provided herein, nothing in this
  388  section does not shall be deemed to alter the provisions of s.
  389  743.064.
  390         (8) A court may order shall not be precluded from ordering
  391  services or treatment to be provided to the child by a duly
  392  accredited practitioner who relies solely on spiritual means for
  393  healing in accordance with the tenets and practices of a church
  394  or religious organization, when required by the child’s health
  395  and when requested by the child.
  396         (9) Nothing in This section does not shall be construed to
  397  authorize the permanent sterilization of the child, unless such
  398  sterilization is the result of or incidental to medically
  399  necessary treatment to protect or preserve the life of the
  400  child.
  401         (10) For the purpose of obtaining an evaluation or
  402  examination or receiving treatment as authorized pursuant to
  403  this section, no child alleged to be or found to be a child from
  404  a family in need of services or a child in need of services
  405  shall be placed in a detention facility or other program used
  406  primarily for the care and custody of children alleged or found
  407  to have committed delinquent acts.
  408         (11) The parents, legal guardian, or custodian guardian of
  409  a child alleged to be or adjudicated a child in need of services
  410  remain financially responsible for the cost of medical treatment
  411  provided to the child even if one or both of the parents or if
  412  the legal guardian, or custodian did not consent to the medical
  413  treatment. After a hearing, the court may order the parents,
  414  legal or guardian, or custodian, if found able to do so, to
  415  reimburse the department or other provider of medical services
  416  for treatment provided.
  417         (12) A judge may order a child under its jurisdiction to
  418  submit to substance abuse evaluation, testing, and treatment in
  419  accordance with s. 397.706 Nothing in this section alters the
  420  authority of the department to consent to medical treatment for
  421  a child who has been committed to the department pursuant to s.
  422  984.22(3) and of whom the department has become the legal
  423  custodian.
  424         (13) At any time after the filing of a petition for a child
  425  in need of services, when the mental or physical condition,
  426  including the blood group, of a parent, guardian, or other
  427  person requesting custody of a child is in controversy, the
  428  court may order the person to submit to a physical or mental
  429  examination by a qualified professional. The order may be made
  430  only upon good cause shown and pursuant to notice and procedures
  431  as set forth by the Florida Rules of Juvenile Procedure.
  432         Section 32. Section 984.20, Florida Statutes, is amended to
  433  read:
  434         984.20 Hearings for child in need of services child-in
  435  need-of-services cases.—
  436         (1) ARRAIGNMENT HEARING.—
  437         (a) The clerk shall set a date for an arraignment hearing
  438  within a reasonable time after the date of the filing of the
  439  child in need of services petition. The court shall advise the
  440  child and the parent, legal guardian, or custodian of the right
  441  to counsel as provided in s. 984.07. When a child has been taken
  442  into custody by order of the court, an arraignment hearing shall
  443  be held within 7 days after the date the child is taken into
  444  custody. The hearing shall be held for the child and the parent,
  445  legal guardian, or custodian to admit, deny, or consent to
  446  findings that a child is in need of services as alleged in the
  447  petition. If the child and the parent, legal guardian, or
  448  custodian admit or consent to the findings in the petition, the
  449  court shall adjudicate the child a child in need of services and
  450  proceed as set forth in the Florida Rules of Juvenile Procedure.
  451  However, if either the child or the parent, legal guardian, or
  452  custodian denies any of the allegations of the petition, the
  453  court shall hold an adjudicatory hearing within a reasonable
  454  time after the date of the arraignment hearing 7 days after the
  455  date of the arraignment hearing.
  456         (b) The court may grant a continuance of the arraignment
  457  hearing When a child is in the custody of the parent, guardian,
  458  or custodian, upon the filing of a petition, the clerk shall set
  459  a date for an arraignment hearing within a reasonable time from
  460  the date of the filing of the petition. if the child or and the
  461  parent, legal guardian, or custodian request a continuance to
  462  obtain an attorney. The case shall be rescheduled for an
  463  arraignment hearing within a reasonable period of time to allow
  464  for consultation admit or consent to an adjudication, the court
  465  shall proceed as set forth in the Florida Rules of Juvenile
  466  Procedure. However, if either the child or the parent, guardian,
  467  or custodian denies any of the allegations of child in need of
  468  services, the court shall hold an adjudicatory hearing within a
  469  reasonable time from the date of the arraignment hearing.
  470         (c) If at the arraignment hearing the child and the parent,
  471  legal guardian, or custodian consents or admits to the
  472  allegations in the petition and the court determines that the
  473  petition meets the requirements of s. 984.15(5) s. 984.15(3)(e),
  474  the court shall proceed to hold a disposition hearing at the
  475  earliest practicable time that will allow for the completion of
  476  a predisposition study.
  477         (d)Failure of a person served with notice to appear at the
  478  arraignment hearing constitutes the person’s consent to the
  479  adjudication of the child as a child in need of services. The
  480  document containing the notice to respond or appear must
  481  contain, in type as large as the balance of the document, the
  482  following or substantially similar language:
  483  
  484         FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING
  485         CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD
  486         AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE
  487         COURT ENTERING AN ORDER OF DISPOSITION AND PLACING THE
  488         CHILD INTO SHELTER.
  489  
  490  If a person appears for the arraignment hearing and the court
  491  orders that person to appear, either physically or through
  492  audio-video communication technology, at the adjudicatory
  493  hearing for the child in need of services case, stating the
  494  date, time, place, and, if applicable, the instructions for
  495  appearance through audio-video communication technology, of the
  496  adjudicatory hearing, that person’s failure to appear for the
  497  scheduled adjudicatory hearing constitutes consent to
  498  adjudication of the child as a child in need of services.
  499         (2) ADJUDICATORY HEARING.—
  500         (a) The adjudicatory hearing shall be held as soon as
  501  practicable after the petition for a child in need of services
  502  is filed and in accordance with the Florida Rules of Juvenile
  503  Procedure, but reasonable delay for the purpose of
  504  investigation, discovery, or procuring counsel or witnesses
  505  shall, whenever practicable, be granted. If the child is in
  506  custody, the adjudicatory hearing shall be held within 14 days
  507  after the date the child was taken into custody.
  508         (b) Adjudicatory hearings shall be conducted by the judge
  509  without a jury, applying the rules of evidence in use in civil
  510  cases and adjourning the hearings from time to time as
  511  necessary. In an adjudicatory a hearing on a petition in which
  512  it is alleged that the child is a child in need of services, a
  513  preponderance of evidence shall be required to establish that
  514  the child is in need of services. If the court finds the
  515  allegations are proven by a preponderance of evidence and the
  516  child is a child in need of services, the court shall enter an
  517  order of adjudication.
  518         (c) All hearings, except as hereinafter provided, shall be
  519  open to the public, and no person shall be excluded therefrom
  520  except on special order of the judge who, in his or her
  521  discretion, may close any hearing to the public when the public
  522  interest or the welfare of the child, in his or her opinion, is
  523  best served by so doing. Hearings involving more than one child
  524  may be held simultaneously when the several children involved
  525  are related to each other or were involved in the same case. The
  526  child and the parent, legal guardian, or custodian of the child
  527  may be examined separately and apart from each other.
  528         (3) DISPOSITION HEARING.—
  529         (a) At the disposition hearing, if the court finds that the
  530  facts alleged in the petition of a child in need of services
  531  were proven in the adjudicatory hearing, the court shall receive
  532  and consider a predisposition study, which shall be in writing
  533  and be presented by an authorized agent of the department or its
  534  provider.
  535         (a) The predisposition study shall cover:
  536         1. All treatment and services that the parent, legal
  537  guardian, or custodian and child received.
  538         2. The love, affection, and other emotional ties existing
  539  between the family parents and the child.
  540         3. The capacity and disposition of the parents, legal
  541  guardian, or custodian to provide the child with food, clothing,
  542  medical care or other remedial care recognized and permitted
  543  under the laws of this state in lieu of medical care, and other
  544  material needs.
  545         4. The length of time that the child has lived in a stable,
  546  satisfactory environment and the desirability of maintaining
  547  continuity.
  548         5. The permanence, as a family unit, of the existing or
  549  proposed custodial home.
  550         6. The moral fitness of the parents, legal guardian, or
  551  custodian.
  552         7. The mental and physical health of the family.
  553         8. The home, school, and community record of the child.
  554         9. The reasonable preference of the child, if the court
  555  deems the child to be of sufficient intelligence, understanding,
  556  and experience to express a preference.
  557         10. Any other factor considered by the court to be
  558  relevant.
  559         (b) The predisposition study also shall provide the court
  560  with documentation regarding:
  561         1. The availability of appropriate prevention, services,
  562  and treatment for the parent, legal guardian, custodian, and
  563  child to prevent the removal of the child from the home or to
  564  reunify the child with the parent, legal guardian, or custodian
  565  after removal or to reconcile the problems between the family
  566  parent, guardian, or custodian and the child.;
  567         2. The inappropriateness of other prevention, treatment,
  568  and services that were available.;
  569         3. The efforts by the department to prevent shelter out-of
  570  home placement of the child or, when applicable, to reunify the
  571  parent, legal guardian, or custodian if appropriate services
  572  were available.;
  573         4. Whether voluntary family the services were provided.;
  574         5. If the voluntary family services and treatment were
  575  provided, whether they were sufficient to meet the needs of the
  576  child and the family and to enable the child to remain at home
  577  or to be returned home.;
  578         6. If the voluntary family services and treatment were not
  579  provided, the reasons for such lack of provision.; and
  580         7. The need for, or appropriateness of, continuing such
  581  treatment and services if the child remains in the custody of
  582  the parent, legal guardian, or custodian or if the child is
  583  placed outside the home.
  584         (c) If placement of the child with anyone other than the
  585  child’s parent, guardian, or custodian is being considered, the
  586  study shall include the designation of a specific length of time
  587  as to when custody by the parent, guardian, or custodian shall
  588  be reconsidered.
  589         (d) A copy of this predisposition study shall be furnished
  590  to the person having custody of the child at the time such
  591  person is notified of the disposition hearing.
  592         (e)After review of the predisposition study and other
  593  relevant materials, the court shall hear from the parties and
  594  consider all recommendations for court-ordered services,
  595  evaluations, treatment and required actions designed to remedy
  596  the child’s truancy, ungovernable behavior, or running away. The
  597  court shall enter an order of disposition.
  598  
  599  Any other relevant and material evidence, including other
  600  written or oral reports, may be received by the court in its
  601  effort to determine the action to be taken with regard to the
  602  child and may be relied upon to the extent of its probative
  603  value, even though not competent in an adjudicatory hearing.
  604  Except as provided in paragraph (2)(c), nothing in this section
  605  does not shall prohibit the publication of proceedings in a
  606  hearing.
  607         (4) REVIEW HEARINGS.—
  608         (a) The court shall hold a review hearing within 45 days
  609  after the disposition hearing. Additional review hearings may be
  610  held as necessary, allowing sufficient time for the child and
  611  family to work toward compliance with the court orders and
  612  monitoring by the case manager. No longer than 90 days may
  613  elapse between judicial review hearings but no less than 45 days
  614  after the date of the last review hearing.
  615         (b)The parent, legal guardian, or custodian and the child
  616  shall be noticed to appear for the review hearing. The
  617  department must appear at the review hearing. If the parent,
  618  legal guardian, or custodian does not appear at a review
  619  hearing, or if the court finds good cause to waive the child’s
  620  presence, the court may proceed with the hearing and enter
  621  orders that affect the child and family accordingly.
  622         (c)(b) At the review hearings, the court shall consider the
  623  department’s judicial review summary. The court shall close the
  624  case if the child has substantially complied with the case plans
  625  and court orders and no longer requires continued court
  626  supervision, subject to the case being reopened. Upon request of
  627  the petitioner, the court may close the case and relinquish
  628  jurisdiction. If the child has significantly failed to comply
  629  with the case plan or court orders, the child shall continue to
  630  be a child in need of services and reviewed by the court as
  631  needed. At review hearings, the court may enter further orders
  632  to adjust the services case plan to address the family needs and
  633  compliance with court orders, including, but not limited to,
  634  ordering the child placed in shelter, but no less than 45 days
  635  after the date of the last review hearing.
  636         Section 33. Section 984.21, Florida Statutes, is amended to
  637  read:
  638         984.21 Orders of adjudication.—
  639         (2)(1) If the court finds that the child named in a
  640  petition is not a child in need of services, it shall enter an
  641  order so finding and dismiss dismissing the case.
  642         (2)If the court finds that the child named in the petition
  643  is a child in need of services, but finds that no action other
  644  than supervision in the home is required, it may enter an order
  645  briefly stating the facts upon which its finding is based, but
  646  withholding an order of adjudication and placing the child and
  647  family under the supervision of the department. If the court
  648  later finds that the parent, guardian, or custodian of the child
  649  have not complied with the conditions of supervision imposed,
  650  the court may, after a hearing to establish the noncompliance,
  651  but without further evidence of the state of the child in need
  652  of services, enter an order of adjudication and shall thereafter
  653  have full authority under this chapter to provide for the child
  654  as adjudicated.
  655         (3) If the court finds by a preponderance of evidence that
  656  the child named in a petition is a child in need of services,
  657  but elects not to proceed under subsection (2), it shall
  658  incorporate that finding in an order of adjudication entered in
  659  the case, briefly stating the facts upon which the finding is
  660  made, and the court shall thereafter have full authority under
  661  this chapter to provide for the child as adjudicated.
  662         (1)(4) An order of adjudication by a court that a child is
  663  a child in need of services is a civil adjudication, and is
  664  services shall not be deemed a conviction, nor shall the child
  665  be deemed to have been found guilty or to be a delinquent or
  666  criminal by reason of that adjudication, nor shall that
  667  adjudication operate to impose upon the child any of the civil
  668  disabilities ordinarily imposed by or resulting from conviction
  669  or disqualify or prejudice the child in any civil service
  670  application or appointment.
  671         Section 34. Section 984.22, Florida Statutes, is amended to
  672  read:
  673         984.22 Powers of disposition.—
  674         (1) If the court finds that services and treatment have not
  675  been provided or used utilized by a child or family, the court
  676  having jurisdiction of the child in need of services shall have
  677  the power to direct the least intrusive and least restrictive
  678  disposition, as follows:
  679         (a) Order the parent, legal guardian, or custodian and the
  680  child to participate in treatment, services, and any other
  681  alternative identified as necessary.
  682         (b) Order the parent, legal guardian, or custodian to pay a
  683  fine or fee based on the recommendations of the department.
  684         (2) When any child is adjudicated by the court to be a
  685  child in need of services, the court having jurisdiction of the
  686  child and parent, legal guardian, or custodian shall have the
  687  power, by order, to:
  688         (a) Place the child under the supervision of the
  689  department’s authorized agent contracted provider of programs
  690  and services for children in need of services and families in
  691  need of services. The term supervision, for the purposes of
  692  this section, means services as defined by the contract between
  693  the department and the provider.
  694         (b) Place the child in the temporary legal custody of an
  695  adult willing to care for the child.
  696         (c) Commit the child to a licensed child-caring agency
  697  willing to receive the child and to provide services without
  698  compensation from the department.
  699         (d) Order the child, and, if the court finds it
  700  appropriate, the parent, legal guardian, or custodian of the
  701  child, to render community service in a public service program.
  702         (e)Order the child placed in shelter pursuant to s.
  703  984.225 or s. 984.226.
  704         (3) When any child is adjudicated by the court to be a
  705  child in need of services and temporary legal custody of the
  706  child has been placed with an adult willing to care for the
  707  child, or a licensed child-caring agency, the Department of
  708  Juvenile Justice, or the Department of Children and Families,
  709  the court shall order the natural or adoptive parents of such
  710  child, including the natural father of such child born out of
  711  wedlock who has acknowledged his paternity in writing before the
  712  court, or the guardian of such child’s estate if possessed of
  713  assets which under law may be disbursed for the care, support,
  714  and maintenance of such child, to pay child support to the adult
  715  relative caring for the child, the licensed child-caring agency,
  716  the department of Juvenile Justice, or the Department of
  717  Children and Families. When such order affects the guardianship
  718  estate, a certified copy of such order shall be delivered to the
  719  judge having jurisdiction of such guardianship estate. If the
  720  court determines that the parent is unable to pay support,
  721  placement of the child shall not be contingent upon issuance of
  722  a support order. The department may employ a collection agency
  723  to receive, collect, and manage for the purpose of receiving,
  724  collecting, and managing the payment of unpaid and delinquent
  725  fees. The collection agency must be registered and in good
  726  standing under chapter 559. The department may pay to the
  727  collection agency a fee from the amount collected under the
  728  claim or may authorize the agency to deduct the fee from the
  729  amount collected.
  730         (4)All payments of fees made to the department under this
  731  chapter, or child support payments made to the department
  732  pursuant to subsection (3), shall be deposited in the General
  733  Revenue Fund.
  734         (4)(5) In carrying out the provisions of this chapter, the
  735  court shall order the child, family, parent, legal guardian, or
  736  custodian of a child who is found to be a child in need of
  737  services to participate in family counseling and other
  738  professional counseling activities or other alternatives deemed
  739  necessary to address the needs for the rehabilitation of the
  740  child and family.
  741         (5)(6) The participation and cooperation of the family,
  742  parent, legal guardian, or custodian, and the child with court
  743  ordered services, treatment, or community service are mandatory,
  744  not merely voluntary. The court may use its contempt powers to
  745  enforce its orders order.
  746         Section 35. Section 984.225, Florida Statutes, is amended
  747  to read:
  748         984.225 Powers of disposition; placement in a staff-secure
  749  shelter.—
  750         (1) Subject to specific legislative appropriation, The
  751  court may order that a child adjudicated as a child in need of
  752  services be placed in shelter to enforce the court’s orders, to
  753  ensure the child attends school, to ensure the child receives
  754  needed counseling, and to ensure the child adheres to a service
  755  plan. While a child is in a shelter, the child shall receive
  756  education commensurate with his or her grade level and
  757  educational ability. The department, or the department’s
  758  authorized agent, must verify to the court that a shelter bed is
  759  available for the child. If the department or the department’s
  760  authorized agent verifies that a bed is not available, the
  761  department shall place the child’s name on a waiting list. The
  762  child who has been on the waiting list the longest shall get the
  763  next available bed. for up to 90 days in a staff-secure shelter
  764  if:
  765         (2)The court shall order the parent, legal guardian, or
  766  custodian to cooperate with reunification efforts and
  767  participate in counseling. If a parent, legal guardian, or
  768  custodian prefers to arrange counseling or other services with a
  769  private provider in lieu of using services provided by the
  770  department, the family shall pay all costs associated with those
  771  services.
  772         (3)Placement of a child under this section is designed to
  773  provide residential care on a temporary basis. Such placement
  774  does not abrogate the legal responsibilities of the parent,
  775  legal guardian, or custodian with respect to the child, except
  776  to the extent that those responsibilities are temporarily
  777  altered by court order.
  778         (a)The court may order any child adjudicated a child in
  779  need of services to be placed in shelter for up to 35 days.
  780         (b)After other alternative, less restrictive, remedies
  781  have been exhausted, the child may be placed in shelter for up
  782  to 90 days if:
  783         1.(a) The child’s parent, legal guardian, or legal
  784  custodian refuses to provide food, clothing, shelter, and
  785  necessary parental support for the child and the refusal is a
  786  direct result of an established pattern of significant
  787  disruptive behavior of the child in the home of the parent,
  788  legal guardian, or legal custodian;
  789         2.(b) The child refuses to remain under the reasonable care
  790  and custody of the his or her parent, legal guardian, or legal
  791  custodian, as evidenced by repeatedly running away and failing
  792  to comply with a court order; or
  793         3.(c) The child has failed to successfully complete an
  794  alternative treatment program or to comply with a court-ordered
  795  services sanction and the child has been placed in a shelter
  796  residential program on at least one prior occasion pursuant to a
  797  court order after the child has been adjudicated a child in need
  798  of services under this chapter.
  799         (4)The court shall review the child’s 90-day shelter
  800  placement within 45 days after the child’s placement and
  801  determine whether continued shelter is deemed necessary. The
  802  court shall also determine whether the parent, legal guardian,
  803  or custodian has reasonably participated in the child’s
  804  counseling and treatment program, and is following the
  805  recommendations of the program to work toward reunification. The
  806  court shall also determine whether the department’s
  807  reunification efforts have been reasonable. If the court finds
  808  an inadequate level of support or participation by the parent,
  809  legal guardian, or custodian before the end of the shelter
  810  commitment period, the court shall direct a staffing to take
  811  place with the Department of Children and Families.
  812         (2)This section applies after other alternative, less
  813  restrictive remedies have been exhausted. The court may order
  814  that a child be placed in a staff-secure shelter. The
  815  department, or an authorized representative of the department,
  816  must verify to the court that a bed is available for the child.
  817  If the department or an authorized representative of the
  818  department verifies that a bed is not available, the department
  819  will place the child’s name on a waiting list. The child who has
  820  been on the waiting list the longest will get the next available
  821  bed.
  822         (3)The court shall order the parent, guardian, or legal
  823  custodian to cooperate with efforts to reunite the child with
  824  the family, participate in counseling, and pay all costs
  825  associated with the care and counseling provided to the child
  826  and family, in accordance with the family’s ability to pay as
  827  determined by the court. Commitment of a child under this
  828  section is designed to provide residential care on a temporary
  829  basis. Such commitment does not abrogate the legal
  830  responsibilities of the parent, guardian, or legal custodian
  831  with respect to the child, except to the extent that those
  832  responsibilities are temporarily altered by court order.
  833         (4)While a child is in a staff-secure shelter, the child
  834  shall receive education commensurate with his or her grade level
  835  and educational ability.
  836         (5) If a child has not been reunited with his or her
  837  parent, legal guardian, or legal custodian at the expiration of
  838  the 90-day commitment period, the court may order that the child
  839  remain in the staff-secure shelter for an additional 30 days if
  840  the court finds that reunification could be achieved within that
  841  period.
  842         (6) The department is deemed to have exhausted the
  843  reasonable remedies offered under this chapter if, at the end of
  844  the 90-day shelter commitment period, the parent, legal
  845  guardian, or legal custodian continues to refuse to allow the
  846  child to remain at home or creates unreasonable conditions for
  847  the child’s return. If, at the end of the 90-day shelter
  848  commitment period, the child is not reunited with his or her
  849  parent, legal guardian, or custodian due solely to the continued
  850  refusal of the parent, legal guardian, or custodian to provide
  851  food, clothing, shelter, and parental support, the child is
  852  considered to be threatened with harm as a result of such acts
  853  or omissions, and the court shall direct that the child be
  854  handled in every respect as a dependent child. Jurisdiction
  855  shall be transferred to the custody of the Department of
  856  Children and Families, and the child’s care shall be governed
  857  under the relevant provisions of chapter 39. The department
  858  shall coordinate with the Department of Children and Families as
  859  provided in s. 984.086. The clerk of court shall serve the
  860  Department of Children and Families with any court order of
  861  referral.
  862         (7)The court shall review the child’s commitment once
  863  every 45 days as provided in s. 984.20. The court shall
  864  determine whether the parent, guardian, or custodian has
  865  reasonably participated in and financially contributed to the
  866  child’s counseling and treatment program. The court shall also
  867  determine whether the department’s efforts to reunite the family
  868  have been reasonable. If the court finds an inadequate level of
  869  support or participation by the parent, guardian, or custodian
  870  prior to the end of the commitment period, the court shall
  871  direct that the child be handled in every respect as a dependent
  872  child. Jurisdiction shall be transferred to the Department of
  873  Children and Families, and the child’s care shall be governed
  874  under the relevant provisions of chapter 39.
  875         (6)(8) If the child requires residential mental health
  876  treatment or residential care for a developmental disability,
  877  the court shall refer the child to the Agency for Persons with
  878  Disabilities or to the Department of Children and Families for
  879  the provision of necessary services.
  880  
  881  ================= T I T L E  A M E N D M E N T ================
  882  And the title is amended as follows:
  883         Delete lines 104 - 105
  884  and insert:
  885         and Families under certain circumstances; requiring a
  886         court to refer a child to the Agency for Persons with