Bill Text: FL H1233 | 2011 | Regular Session | Introduced

Bill Title: Juvenile Justice

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1233 Detail]

Download: Florida-2011-H1233-Introduced.html
HB 1233

A bill to be entitled
2An act relating to juvenile justice; amending s. 394.492,
3F.S.; including children 9 years of age or younger at the
4time of referral for a delinquent act within the
5definition of those children who are eligible to receive
6comprehensive mental health services; amending s. 984.14,
7F.S.; prohibiting placement of a child into a shelter
8before a court hearing unless the child is taken into
9custody for a misdemeanor domestic violence charge and is
10ineligible to be held in secure detention; amending s.
11985.02, F.S.; revising legislative intent concerning
12delinquency prevention and detention; deleting provisions
13relating to serious and habitual juvenile offenders;
14providing legislative intent concerning children 9 years
15of age or younger and restorative justice; amending s.
16985.125, F.S.; encouraging law enforcement agencies,
17school districts, counties, municipalities, and the
18department to establish prearrest or postarrest diversion
19programs and to give first-time misdemeanor offenders and
20offenders who are 9 years of age or younger an opportunity
21to participate in the programs; amending s. 985.145, F.S.;
22requiring a juvenile probation officer to make a referral
23to the appropriate shelter if the completed risk
24assessment instrument shows that the child is ineligible
25for secure detention; amending s. 985.24, F.S.;
26prohibiting a child alleged to have committed a delinquent
27act or violation of law from being placed into secure,
28nonsecure, or home detention care because of a misdemeanor
29charge of domestic violence if the child lives in a family
30that has a history of family violence or if the child is a
31victim of abuse or neglect unless the child would
32otherwise be subject to secure detention based on prior
33history; prohibiting a child 9 years of age or younger
34from being placed into secure detention care unless the
35child is charged with a capital felony, a life felony, or
36a felony of the first degree; amending s. 985.245, F.S.;
37revising the development process for the risk assessment
38instrument; revising factors to be considered in assessing
39a child's risk of rearrest or failure to appear; amending
40s. 985.255, F.S.; providing that a child may be placed in
41home detention care or detained in secure detention care
42under certain circumstances; providing that a child who is
43charged with committing a felony offense of domestic
44violence and who does not meet detention criteria may
45nevertheless be held in secure detention care if the court
46makes certain specific written findings; amending s.
47985.441, F.S.; authorizing a court to commit a female
48child adjudicated as delinquent to the department for
49placement in a mother-infant program designed to serve the
50needs of juvenile mothers or expectant juvenile mothers
51who are committed as delinquents; requiring the department
52to adopt rules to govern the operation of the mother-
53infant program; amending s. 985.45, F.S.; providing that
54whenever a child is required by the court to participate
55in any juvenile justice work program, the child is
56considered an employee of the state for the purpose of
57workers' compensation; amending s. 985.632, F.S.;
58establishing legislative intent that the Department of
59Juvenile Justice collect and analyze available statistical
60data for the purpose of ongoing evaluation of all juvenile
61justice programs; redefining terms; requiring the
62department to use a standard methodology to annually
63measure, evaluate, and report program outputs and youth
64outcomes for each program and program group; requiring
65that the department submit an annual report to the
66appropriate committees of the Legislature and the
67Governor; requiring that the department notify specified
68parties of substantive changes to the standard methodology
69used in its evaluation; requiring that the department
70apply a program accountability measures analysis to each
71commitment program; deleting obsolete provisions;
72reenacting s. 984.13(3), F.S., relating to taking a child
73into custody, to incorporate the amendment made to s.
74984.14, F.S., in a reference thereto; providing an
75effective date.
77Be It Enacted by the Legislature of the State of Florida:
79     Section 1.  Paragraph (i) is added to subsection (4) of
80section 394.492, Florida Statutes, to read:
81     394.492  Definitions.-As used in ss. 394.490-394.497, the
83     (4)  "Child or adolescent at risk of emotional disturbance"
84means a person under 18 years of age who has an increased
85likelihood of becoming emotionally disturbed because of risk
86factors that include, but are not limited to:
87     (i)  Being 9 years of age or younger at the time of
88referral for a delinquent act.
89     Section 2.  Subsection (1) of section 984.14, Florida
90Statutes, is amended to read:
91     984.14  Shelter placement; hearing.-
92     (1)  Unless ordered by the court pursuant to the provisions
93of this chapter, or upon voluntary consent to placement by the
94child and the child's parent, legal guardian, or custodian, a
95child taken into custody may shall not be placed in a shelter
96prior to a court hearing unless a determination has been made
97that the provision of appropriate and available services will
98not eliminate the need for placement and that such placement is
100     (a)  To provide an opportunity for the child and family to
101agree upon conditions for the child's return home, when
102immediate placement in the home would result in a substantial
103likelihood that the child and family would not reach an
104agreement; or
105     (b)  Because a parent, custodian, or guardian is
106unavailable to take immediate custody of the child.
107     Section 3.  Paragraph (b) of subsection (3), paragraph (b)
108of subsection (4), and subsection (5) of section 985.02, Florida
109Statutes, are amended, subsections (6) through (8) are
110redesignated as subsections (5) through (7), respectively, and
111new subsections (8) and (9) are added to that section, to read:
112     985.02  Legislative intent for the juvenile justice
115policy of the state with respect to juvenile justice and
116delinquency prevention to first protect the public from acts of
117delinquency. In addition, it is the policy of the state to:
118     (b)  Develop and implement effective programs to prevent
119delinquency, to divert children from the traditional juvenile
120justice system, to intervene at an early stage of delinquency,
121and to provide critically needed alternatives to
122institutionalization, and deep-end commitment, and secure
125The Legislature intends that detention care, in addition to
126providing secure and safe custody, will promote the health and
127well-being of the children committed thereto and provide an
128environment that fosters their social, emotional, intellectual,
129and physical development.
130     (4)  DETENTION.-
131     (b)  The Legislature intends that a juvenile found to have
132committed a delinquent act understands the consequences and the
133serious nature of such behavior. Therefore, the Legislature
134finds that secure detention is appropriate to ensure public
135safety and guarantee court appearance provide punishment that
136discourages further delinquent behavior. The Legislature also
137finds that certain juveniles have committed a sufficient number
138of criminal acts, including acts involving violence to persons,
139to represent sufficient danger to the community to warrant
140sentencing and placement within the adult system. It is the
141intent of the Legislature to establish clear criteria in order
142to identify these juveniles and remove them from the juvenile
143justice system.
145Legislature finds that fighting crime effectively requires a
146multipronged effort focusing on particular classes of delinquent
147children and the development of particular programs. This
148state's juvenile justice system has an inadequate number of beds
149for serious or habitual juvenile offenders and an inadequate
150number of community and residential programs for a significant
151number of children whose delinquent behavior is due to or
152connected with illicit substance abuse. In addition, a
153significant number of children have been adjudicated in adult
154criminal court and placed in this state's prisons where programs
155are inadequate to meet their rehabilitative needs and where
156space is needed for adult offenders. Recidivism rates for each
157of these classes of offenders exceed those tolerated by the
158Legislature and by the citizens of this state.
159     (8)  CHILDREN 9 YEARS OF AGE OR YOUNGER.-The Legislature
160finds that very young children need age-appropriate services in
161order to prevent and reduce future acts of delinquency. Children
162who are 9 years of age or younger may be diverted into prearrest
163or postarrest programs, civil citation programs, or children-in-
164need-of-services and families-in-need-of-services programs, or
165other programs, as appropriate. If, based upon a needs
166assessment, the child is found to be in need of mental health
167services or substance abuse treatment services, the department
168shall cooperate with the parent or legal guardian and the
169Department of Children and Family Services, as appropriate, to
170identify the most appropriate services and supports and
171available funding sources to meet the needs of the child.
173     (a)  It is the intent of the Legislature that the juvenile
174justice system advance the principles of restorative justice.
175The department shall focus on repairing the harm to victims of
176delinquent behavior by ensuring that the child understands the
177effect of his or her delinquent behavior on the victim and the
178community and that the child restores the losses of his or her
180     (b)  Offender accountability is one of the principles of
181restorative justice. The premise of this principle is that the
182juvenile justice system must respond to delinquent behavior in
183such a way that the offender is made aware of and takes
184responsibility for repaying or restoring loss, damage, or injury
185perpetrated upon the victim and the community. This goal is
186achieved when the offender understands the consequences of
187delinquent behaviors in terms of harm to others, and when the
188offender makes amends for the harm, loss, or damage through
189restitution, community service, or other appropriate repayment.
190     Section 4.  Subsection (1) of section 985.125, Florida
191Statutes, is amended to read:
192     985.125  Prearrest or postarrest diversion programs.-
193     (1)  A law enforcement agency, or school district, county,
194municipality, or the department, in cooperation with the state
195attorney, is encouraged to may establish a prearrest or
196postarrest diversion programs. Youth who are taken into custody
197for first-time misdemeanor offenses or offenders who are 9 years
198of age or younger should be given an opportunity to participate
199in prearrest or postarrest diversion programs program.
200     Section 5.  Paragraph (d) of subsection (1) of section
201985.145, Florida Statutes, is amended to read:
202     985.145  Responsibilities of juvenile probation officer
203during intake; screenings and assessments.-
204     (1)  The juvenile probation officer shall serve as the
205primary case manager for the purpose of managing, coordinating,
206and monitoring the services provided to the child. Each program
207administrator within the Department of Children and Family
208Services shall cooperate with the primary case manager in
209carrying out the duties and responsibilities described in this
210section. In addition to duties specified in other sections and
211through departmental rules, the assigned juvenile probation
212officer shall be responsible for the following:
213     (d)  Completing risk assessment instrument.-The juvenile
214probation officer shall ensure that a risk assessment instrument
215establishing the child's eligibility for detention has been
216accurately completed and that the appropriate recommendation was
217made to the court. If, upon completion of the risk assessment
218instrument, the child is ineligible for secure detention based
219on the criteria in s. 985.24(2)(e), the juvenile probation
220officer shall make a referral to the appropriate shelter for a
221child in need of services or family in need of services.
222     Section 6.  Section 985.24, Florida Statutes, is amended to
224     985.24  Use of detention; prohibitions.-
225     (1)  All determinations and court orders regarding the use
226of secure, nonsecure, or home detention must shall be based
227primarily upon findings that the child:
228     (a)  Presents a substantial risk of not appearing at a
229subsequent hearing;
230     (b)  Presents a substantial risk of inflicting bodily harm
231on others as evidenced by recent behavior;
232     (c)  Presents a history of committing a property offense
233prior to adjudication, disposition, or placement;
234     (d)  Has committed contempt of court by:
235     1.  Intentionally disrupting the administration of the
237     2.  Intentionally disobeying a court order; or
238     3.  Engaging in a punishable act or speech in the court's
239presence which shows disrespect for the authority and dignity of
240the court; or
241     (e)  Requests protection from imminent bodily harm.
242     (2)  A child alleged to have committed a delinquent act or
243violation of law may not be placed into secure, nonsecure, or
244home detention care for any of the following reasons:
245     (a)  To allow a parent to avoid his or her legal
247     (b)  To permit more convenient administrative access to the
249     (c)  To facilitate further interrogation or investigation.
250     (d)  Due to a lack of more appropriate facilities.
251     (e)  Due to a misdemeanor charge of domestic violence if
252the child lives in a family that has a history of family
253violence, as defined in s. 741.28, or if the child is a victim
254of abuse or neglect, as defined in s. 39.01, and the decision to
255place the child in secure detention care is mitigated by the
256history of trauma faced by the child, unless the child would
257otherwise be subject to secure detention based on his or her
258prior history.
259     (3)  A child alleged to be dependent under chapter 39 may
260not, under any circumstances, be placed into secure detention
262     (4)  A child 9 years of age or younger may not be placed
263into secure detention care unless the child is charged with a
264capital felony, a life felony, or a felony of the first degree.
265     (5)(4)  The department shall continue to identify
266alternatives to secure detention care and shall develop such
267alternatives and annually submit them to the Legislature for
268authorization and appropriation.
269     Section 7.  Subsection (2) of section 985.245, Florida
270Statutes, is amended to read:
271     985.245  Risk assessment instrument.-
272     (2)(a)  The risk assessment instrument for detention care
273placement determinations and court orders shall be developed by
274the department in consultation agreement with representatives
275appointed by the following associations: the Conference of
276Circuit Judges of Florida, the Prosecuting Attorneys
277Association, the Public Defenders Association, the Florida
278Sheriffs Association, and the Florida Association of Chiefs of
279Police. Each association shall appoint two individuals, one
280representing an urban area and one representing a rural area.
281The parties involved shall evaluate and revise the risk
282assessment instrument must be effective at predicting risk and
283avoiding the unnecessary use of secure detention as is
284considered necessary using the method for revision as agreed by
285the parties.
286     (b)  The risk assessment instrument shall accurately
287predict a child's risk of rearrest or failure to appear and may
288take the following factors take into consideration, but need not
289be limited to them:, prior history of failure to appear, prior
290offenses, offenses committed pending adjudication, any unlawful
291possession of a firearm, theft of a motor vehicle or possession
292of a stolen motor vehicle, and probation status at the time the
293child is taken into custody. The risk assessment instrument
294shall also take into consideration appropriate aggravating and
295mitigating circumstances, and shall be designed to target a
296narrower population of children than s. 985.255. The risk
297assessment instrument shall also include any information
298concerning the child's history of abuse and neglect. The risk
299assessment shall indicate whether detention care is warranted,
300and, if detention care is warranted, whether the child should be
301placed into secure, nonsecure, or home detention care.
302     Section 8.  Section 985.255, Florida Statutes, is amended
303to read:
304     985.255  Detention criteria; detention hearing.-
305     (1)  Subject to s. 985.25(1), a child taken into custody
306and placed into nonsecure or home detention care or detained in
307secure detention care before prior to a detention hearing may
308continue to be detained by the court if:
309     (a)  The child is alleged to be an escapee from a
310residential commitment program; or an absconder from a
311nonresidential commitment program, a probation program, or
312conditional release supervision; or is alleged to have escaped
313while being lawfully transported to or from a residential
314commitment program.
315     (b)  The child is wanted in another jurisdiction for an
316offense which, if committed by an adult, would be a felony.
317     (c)  The child is charged with a delinquent act or
318violation of law and requests in writing through legal counsel
319to be detained for protection from an imminent physical threat
320to his or her personal safety.
321     (d)  The child is charged with committing a felony an
322offense of domestic violence as defined in s. 741.28 and is
323detained as provided in subsection (2).
324     (e)  The child is charged with possession or discharging a
325firearm on school property in violation of s. 790.115.
326     (f)  The child is charged with a capital felony, a life
327felony, a felony of the first degree, a felony of the second
328degree that does not involve a violation of chapter 893, or a
329felony of the third degree that is also a crime of violence,
330including any such offense involving the use or possession of a
332     (g)  The child is charged with any second degree or third
333degree felony involving a violation of chapter 893 or any third
334degree felony that is not also a crime of violence, and the
336     1.  Has a record of failure to appear at court hearings
337after being properly notified in accordance with the Rules of
338Juvenile Procedure;
339     2.  Has a record of law violations prior to court hearings;
340     3.  Has already been detained or has been released and is
341awaiting final disposition of the case;
342     4.  Has a record of violent conduct resulting in physical
343injury to others; or
344     5.  Is found to have been in possession of a firearm.
345     (h)  The child is alleged to have violated the conditions
346of the child's probation or conditional release supervision.
347However, a child detained under this paragraph may be held only
348in a consequence unit as provided in s. 985.439. If a
349consequence unit is not available, the child shall be placed on
350home detention with electronic monitoring.
351     (i)  The child is detained on a judicial order for failure
352to appear and has previously willfully failed to appear, after
353proper notice, for an adjudicatory hearing on the same case
354regardless of the results of the risk assessment instrument. A
355child may be held in secure detention for up to 72 hours in
356advance of the next scheduled court hearing pursuant to this
357paragraph. The child's failure to keep the clerk of court and
358defense counsel informed of a current and valid mailing address
359where the child will receive notice to appear at court
360proceedings does not provide an adequate ground for excusal of
361the child's nonappearance at the hearings.
362     (j)  The child is detained on a judicial order for failure
363to appear and has previously willfully failed to appear, after
364proper notice, at two or more court hearings of any nature on
365the same case regardless of the results of the risk assessment
366instrument. A child may be held in secure detention for up to 72
367hours in advance of the next scheduled court hearing pursuant to
368this paragraph. The child's failure to keep the clerk of court
369and defense counsel informed of a current and valid mailing
370address where the child will receive notice to appear at court
371proceedings does not provide an adequate ground for excusal of
372the child's nonappearance at the hearings.
373     (2)  A child who is charged with committing a felony an
374offense of domestic violence as defined in s. 741.28 and who
375does not meet detention criteria may be held in secure detention
376if the court makes specific written findings that:
377     (a)  Respite care for the child is not available.
378     (b)  It is necessary to place the child in secure detention
379in order to protect the victim from injury.
381The child may not be held in secure detention under this
382subsection for more than 48 hours unless ordered by the court.
383After 48 hours, the court shall hold a hearing if the state
384attorney or victim requests that secure detention be continued.
385The child may continue to be held in detention care if the court
386makes a specific, written finding that detention care is
387necessary to protect the victim from injury. However, the child
388may not be held in detention care beyond the time limits set
389forth in this section or s. 985.26.
390     (3)(a)  A child who meets any of the criteria in subsection
391(1) and who is ordered to be detained under that subsection
392shall be given a hearing within 24 hours after being taken into
393custody. The purpose of the detention hearing is to determine
394the existence of probable cause that the child has committed the
395delinquent act or violation of law that he or she is charged
396with and the need for continued detention. Unless a child is
397detained under paragraph (1)(d) or paragraph (1)(e), the court
398shall use the results of the risk assessment performed by the
399juvenile probation officer and, based on the criteria in
400subsection (1), shall determine the need for continued
401detention. A child placed into secure, nonsecure, or home
402detention care may continue to be so detained by the court.
403     (b)  If the court orders a placement more restrictive than
404indicated by the results of the risk assessment instrument, the
405court shall state, in writing, clear and convincing reasons for
406such placement.
407     (c)  Except as provided in s. 790.22(8) or in s. 985.27,
408when a child is placed into secure or nonsecure detention care,
409or into a respite home or other placement pursuant to a court
410order following a hearing, the court order must include specific
411instructions that direct the release of the child from such
412placement no later than 5 p.m. on the last day of the detention
413period specified in s. 985.26 or s. 985.27, whichever is
414applicable, unless the requirements of such applicable provision
415have been met or an order of continuance has been granted under
416s. 985.26(4).
417     Section 9.  Paragraph (e) is added to subsection (1) of
418section 985.441, Florida Statutes, to read:
419     985.441  Commitment.-
420     (1)  The court that has jurisdiction of an adjudicated
421delinquent child may, by an order stating the facts upon which a
422determination of a sanction and rehabilitative program was made
423at the disposition hearing:
424     (e)  Commit the child to the department for placement in a
425mother-infant program designed to serve the needs of juvenile
426mothers or expectant juvenile mothers who are committed as
427delinquents. The department's mother-infant program must be
428licensed as a child care facility in accordance with s. 402.308,
429and must provide the services and support necessary to enable
430the committed juvenile mothers to provide for the needs of their
431infants who, upon agreement of the mother, may accompany them in
432the program. The department shall adopt rules pursuant to ss.
433120.536(1) and 120.54 to govern the operation of such programs.
434     Section 10.  Subsection (1) of section 985.45, Florida
435Statutes, is amended to read:
436     985.45  Liability and remuneration for work.-
437     (1)  Whenever a child is required by the court to
438participate in any work program under this part or whenever a
439child volunteers to work in a specified state, county,
440municipal, or community service organization supervised work
441program or to work for the victim, either as an alternative to
442monetary restitution or as a part of the rehabilitative or
443probation program, the child is an employee of the state for the
444purposes of chapter 440 liability.
445     Section 11.   Section 985.632, Florida Statutes, is amended
446to read:
447     985.632  Program review and reporting requirements Quality
448assurance and cost-effectiveness.-
449     (1)  LEGISLATIVE INTENT.-It is the intent of the
450Legislature that the department:
451     (a)  Ensure that information be provided to decisionmakers
452in a timely manner so that resources are allocated to programs
453that of the department which achieve desired performance levels.
454     (b)  Collect and analyze available statistical data for the
455purpose of ongoing evaluation of all programs.
456     (c)(b)  Provide information about the cost of such programs
457and their differential effectiveness so that program the quality
458may of such programs can be compared and improvements made
460     (d)(c)  Provide information to aid in developing related
461policy issues and concerns.
462     (e)(d)  Provide information to the public about the
463effectiveness of such programs in meeting established goals and
465     (f)(e)  Provide a basis for a system of accountability so
466that each youth client is afforded the best programs to meet his
467or her needs.
468     (g)(f)  Improve service delivery to youth clients.
469     (h)(g)  Modify or eliminate activities that are not
471     (2)  DEFINITIONS.-As used in this section, the term:
472     (a)  "Program" means any facility, service, or program for
473youth which is operated by the department or by a provider under
474contract with the department.
475     (b)(b)  "Program component" means an aggregation of
476generally related objectives which, because of their special
477character, related workload, and interrelated output, can
478logically be considered an entity for purposes of organization,
479management, accounting, reporting, and budgeting.
480     (c)  "Program group" means a collection of programs having
481sufficient similarity of functions, services, and population to
482allow appropriate comparisons between programs within the group.
483     (d)(a)  "Youth" "Client" means any person who is being
484provided treatment or services by the department or by a
485provider under contract with the department.
486     (c)  "Program effectiveness" means the ability of the
487program to achieve desired client outcomes, goals, and
490shall use a standard methodology for annually measuring,
491evaluating, and reporting program outputs and youth outcomes for
492each program and program group. The department shall submit a
493report to the appropriate committees of the Legislature and the
494Governor by January 15 of each year. The department shall notify
495the Office of Program Policy Analysis and Government
496Accountability and each contract service provider of substantive
497changes to the methodology. The standard methodology must:
498     (a)  Define common terminology and operational definitions
499and methods by which the performance of program outputs and
500outcomes may be measured.
501     (b)  Specify program outputs for each program and for each
502program group within the juvenile justice continuum.
503     (c)  Report cost data for each program operated or
504contracted by the department for the fiscal year corresponding
505to the program outputs and outcomes being reported. The
506department shall annually collect and report cost data for every
507program operated or contracted by the department. The cost data
508shall conform to a format approved by the department and the
509Legislature. Uniform cost data shall be reported and collected
510for state-operated and contracted programs so that comparisons
511can be made among programs. The department shall ensure that
512there is accurate cost accounting for state-operated services
513including market-equivalent rent and other shared cost. The cost
514of the educational program provided to a residential facility
515shall be reported and included in the cost of a program. The
516department shall submit an annual cost report to the President
517of the Senate, the Speaker of the House of Representatives, the
518Minority Leader of each house of the Legislature, the
519appropriate substantive and fiscal committees of each house of
520the Legislature, and the Governor, no later than December 1 of
521each year. Cost-benefit analysis for educational programs will
522be developed and implemented in collaboration with and in
523cooperation with the Department of Education, local providers,
524and local school districts. Cost data for the report shall
525include data collected by the Department of Education for the
526purposes of preparing the annual report required by s.
529     (a)  The department, in consultation with the Office of
530Economic and Demographic Research and contract service
531providers, shall develop a cost-effectiveness model and apply
532the program accountability measures analysis model to each
533commitment program and include the results in the comprehensive
534accountability report. Program recidivism rates shall be a
535component of the model. The program accountability measures
536analysis cost-effectiveness model shall compare program costs to
537expected and actual youth recidivism rates client outcomes and
538program outputs. It is the intent of the Legislature that
539continual development efforts take place to improve the validity
540and reliability of the program accountability measure analysis
541cost-effectiveness model.
542     (b)  The department shall rank commitment programs based on
543the cost-effectiveness model and shall submit a report to the
544appropriate substantive and fiscal committees of each house of
545the Legislature by December 31 of each year.
546     (b)(c)  Based on reports of the department on client
547outcomes and program outputs and on the department's most recent
548program accountability measures analysis cost-effectiveness
549rankings, the department may terminate its contract with or
550discontinue a commitment program operated by the department or a
551provider if the program has failed to achieve a minimum
552threshold of recidivism and program accountability program
553effectiveness. This paragraph does not preclude the department
554from terminating a contract as provided under this section or as
555otherwise provided by law or contract, and does not limit the
556department's authority to enter into or terminate a contract.
557     (c)(d)  The department shall notify the Office of Program
558Policy Analysis and Government Accountability and each contract
559service provider of substantive changes to the program
560accountability measures analysis. In collaboration with the
561Office of Economic and Demographic Research, and contract
562service providers, the department shall develop a work plan to
563refine the cost-effectiveness model so that the model is
564consistent with the performance-based program budgeting measures
565approved by the Legislature to the extent the department deems
566appropriate. The department shall notify the Office of Program
567Policy Analysis and Government Accountability of any meetings to
568refine the model.
569     (d)(e)  Contingent upon specific appropriation, the
570department, in consultation with the Office of Economic and
571Demographic Research, and contract service providers, shall:
572     1.  Construct a profile of each commitment program which
573that uses the results of the quality assurance report required
574by this section, the program accountability measure analysis
575cost-effectiveness report required in this subsection, and other
576reports available to the department.
577     2.  Target, for a more comprehensive evaluation, any
578commitment program that has achieved consistently high, low, or
579disparate ratings in the reports required under subparagraph 1.
580     3.  Identify the essential factors that contribute to the
581high, low, or disparate program ratings.
582     4.  Use the results of these evaluations in developing or
583refining juvenile justice programs or program models, youth
584client outcomes and program outputs, provider contracts, quality
585assurance standards, and the program accountability measure
586analysis cost-effectiveness model.
587     (5)  QUALITY ASSURANCE.-The department shall:
588     (a)  Establish a comprehensive quality assurance system for
589each program operated by the department or operated by a
590provider under contract with the department. Each contract
591entered into by the department must provide for quality
592assurance and include the results in the comprehensive
593accountability report.
594     (b)  Provide operational definitions of and criteria for
595quality assurance for each specific program component.
596     (c)  Establish quality assurance goals and objectives for
597each specific program component.
598     (d)  Establish the information and specific data elements
599required for the quality assurance program.
600     (e)  Develop a quality assurance manual of specific,
601standardized terminology and procedures to be followed by each
603     (f)  Evaluate each program operated by the department or a
604provider under a contract with the department and establish
605minimum thresholds for each program component. If a provider
606fails to meet the established minimum thresholds, such failure
607shall cause the department to cancel the provider's contract
608unless the provider achieves compliance with minimum thresholds
609within 6 months or unless there are documented extenuating
610circumstances. In addition, the department may not contract with
611the same provider for the canceled service for a period of 12
612months. If a department-operated program fails to meet the
613established minimum thresholds, the department must take
614necessary and sufficient steps to ensure and document program
615changes to achieve compliance with the established minimum
616thresholds. If the department-operated program fails to achieve
617compliance with the established minimum thresholds within 6
618months and if there are no documented extenuating circumstances,
619the department must notify the Executive Office of the Governor
620and the Legislature of the corrective action taken. Appropriate
621corrective action may include, but is not limited to:
622     1.  Contracting out for the services provided in the
624     2.  Initiating appropriate disciplinary action against all
625employees whose conduct or performance is deemed to have
626materially contributed to the program's failure to meet
627established minimum thresholds;
628     3.  Redesigning the program; or
629     4.  Realigning the program.
631The department shall submit an annual report to the President of
632the Senate, the Speaker of the House of Representatives, the
633Minority Leader of each house of the Legislature, the
634appropriate substantive and fiscal committees of each house of
635the Legislature, and the Governor, no later than February 1 of
636each year. The annual report must contain, at a minimum, for
637each specific program component: a comprehensive description of
638the population served by the program; a specific description of
639the services provided by the program; cost; a comparison of
640expenditures to federal and state funding; immediate and long-
641range concerns; and recommendations to maintain, expand,
642improve, modify, or eliminate each program component so that
643changes in services lead to enhancement in program quality. The
644department shall ensure the reliability and validity of the
645information contained in the report.
646     (6)  The department shall collect and analyze available
647statistical data for the purpose of ongoing evaluation of all
648programs. The department shall provide the Legislature with
649necessary information and reports to enable the Legislature to
650make informed decisions regarding the effectiveness of, and any
651needed changes in, services, programs, policies, and laws.
652     Section 12.  For the purpose of incorporating the amendment
653made by this act to section 984.14, Florida Statutes, in a
654reference thereto, subsection (3) of section 984.13, Florida
655Statutes, is reenacted to read:
656     984.13  Taking into custody a child alleged to be from a
657family in need of services or to be a child in need of
659     (3)  If the child is taken into custody by, or is delivered
660to, the department, the appropriate representative of the
661department shall review the facts and make such further inquiry
662as necessary to determine whether the child shall remain in
663custody or be released. Unless shelter is required as provided
664in s. 984.14(1), the department shall:
665     (a)  Release the child to his or her parent, guardian, or
666legal custodian, to a responsible adult relative, to a
667responsible adult approved by the department, or to a
668department-approved family-in-need-of-services and child-in-
669need-of-services provider; or
670     (b)  Authorize temporary services and treatment that would
671allow the child alleged to be from a family in need of services
672to remain at home.
673     Section 13.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.