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