Bill Text: FL S1072 | 2010 | Regular Session | Engrossed
Bill Title: Juvenile Justice [SPSC]
Spectrum: Bipartisan Bill
Status: (Failed) 2010-04-30 - In returning messages; Died in returning Messages, companion bill(s) passed, see HB 7131 (Ch. 2010-117), CS/CS/SB 1412 (Ch. 2010-102) [S1072 Detail]
Download: Florida-2010-S1072-Engrossed.html
CS for SB 1072 First Engrossed (ntc) 20101072e1 1 A bill to be entitled 2 An act relating to juvenile justice; amending s. 3 394.492, F.S.; including children 9 years of age or 4 younger at the time of referral for a delinquent act 5 within the definition of those children who are 6 eligible to receive comprehensive mental health 7 services; amending s. 984.03, F.S.; redefining the 8 terms “child in need of services” and “family in need 9 of services” to provide that a child is eligible to 10 receive comprehensive services if the child is 9 years 11 of age or younger at the time of referral to the 12 Department of Juvenile Justice for a delinquent act; 13 amending s. 984.14, F.S.; providing that a child may 14 not be placed in a shelter before a court hearing 15 unless the child is taken into custody for a 16 misdemeanor domestic violence charge and is eligible 17 to be held in secure detention; amending s. 985.02, 18 F.S.; providing additional legislative findings and 19 intent for the juvenile justice system; amending s. 20 985.03, F.S.; redefining the terms “child in need of 21 services” and “family in need of services” to provide 22 that a child is eligible to receive comprehensive 23 services if the child is 9 years of age or younger at 24 the time of referral to the department for a 25 delinquent act; amending s. 985.125, F.S.; encouraging 26 law enforcement agencies, school districts, counties, 27 municipalities, and the department to establish 28 prearrest or postarrest diversion programs; 29 encouraging operators of diversion programs to give 30 first-time misdemeanor offenders and offenders who are 31 9 years of age or younger an opportunity to 32 participate in the programs; amending s. 985.145, 33 F.S.; requiring a juvenile probation officer to make a 34 referral to the appropriate shelter if the completed 35 risk assessment instrument shows that the child is 36 ineligible for secure detention; amending s. 985.24, 37 F.S.; prohibiting a child alleged to have committed a 38 delinquent act or violation of law from being placed 39 into secure, nonsecure, or home detention care because 40 of a misdemeanor charge of domestic violence if the 41 child lives in a family that has a history of family 42 violence or if the child is a victim of abuse or 43 neglect; prohibiting a child 9 years of age or younger 44 from being placed into secure detention care unless 45 the child is charged with a capital felony, a life 46 felony, or a felony of the first degree; amending s. 47 985.245, F.S.; revising membership on the statewide 48 risk assessment instrument committee; amending s. 49 985.255, F.S.; providing that a child may be retained 50 in home detention care under certain circumstances; 51 providing that a child who is charged with committing 52 a felony offense of domestic violence and who does not 53 meet detention criteria may nevertheless be held in 54 secure detention if the court makes certain specific 55 written findings; amending s. 985.441, F.S.; 56 authorizing a court to commit a female child 57 adjudicated as delinquent to the department for 58 placement in a mother-infant program designed to serve 59 the needs of juvenile mothers or expectant juvenile 60 mothers who are committed as delinquents; requiring 61 the department to adopt rules to govern the operation 62 of the mother-infant program; amending s. 985.45, 63 F.S.; providing that whenever a child is required by 64 the court to participate in any juvenile justice work 65 program, the child is considered an employee of the 66 state for the purpose of workers’ compensation; 67 amending s. 985.632, F.S.; requiring the Department of 68 Juvenile Justice to collect and analyze available 69 statistical data for the purpose of ongoing evaluation 70 of all juvenile justice programs; redefining terms; 71 requiring the department to use a standard methodology 72 to annually measure, evaluate, and report program 73 outputs and youth outcomes for each program and 74 program group; requiring that the department submit an 75 annual report to the appropriate committees of the 76 Legislature and the Governor; requiring that the 77 department apply a program accountability measures 78 analysis to each program; deleting obsolete 79 provisions; amending s. 985.664, F.S.; providing that 80 a juvenile justice circuit board may increase its 81 membership to adequately reflect the diversity of the 82 population, community organizations, and child care 83 agencies in its circuit; reenacting ss. 419.001(1)(d), 84 984.04(5), and 984.15(2)(c) and (3)(c), F.S., relating 85 to community residential homes, families and children 86 in need of services, and filing decisions available to 87 a state attorney, respectively, to incorporate the 88 amendment made to s. 984.03, F.S., in references 89 thereto; reenacting s. 984.13(3), F.S., relating to 90 taking a child into custody, to incorporate the 91 amendment made to s. 984.14, F.S., in a reference 92 thereto; reenacting s. 419.001(1)(d), F.S., relating 93 to community residential homes, to incorporate the 94 amendment made to s. 985.03, F.S., in a reference 95 thereto; providing an effective date. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99 Section 1. Paragraph (i) is added to subsection (4) of 100 section 394.492, Florida Statutes, to read: 101 394.492 Definitions.—As used in ss. 394.490-394.497, the 102 term: 103 (4) “Child or adolescent at risk of emotional disturbance” 104 means a person under 18 years of age who has an increased 105 likelihood of becoming emotionally disturbed because of risk 106 factors that include, but are not limited to: 107 (i) Being 9 years of age or younger at the time of referral 108 for a delinquent act. 109 Section 2. Subsections (9) and (25) of section 984.03, 110 Florida Statutes, are amended to read: 111 984.03 Definitions.—When used in this chapter, the term: 112 (9) “Child in need of services” means a child for whom 113 there is no pending investigation into an allegation or 114 suspicion of abuse, neglect, or abandonment; no pending referral 115 alleging that the child is delinquent, except if the child is 9 116 years of age or younger at the time of referral to the 117 department; or no current supervision by the departmentof118Juvenile Justiceor the Department of Children and Family 119 Services for an adjudication of dependency or delinquency. The 120 child must also, pursuant to this chapter, be found by the 121 court: 122 (a) To have persistently run away from the child’s parents 123 or legal custodians despite reasonable efforts of the child, the 124 parents or legal custodians, and appropriate agencies to remedy 125 the conditions contributing to the behavior. Reasonable efforts 126 shall include voluntary participation by the child’s parents or 127 legal custodians and the child in family mediation, services, 128 and treatment offered by the departmentof Juvenile Justiceor 129 the Department of Children and Family Services; 130 (b) To be habitually truant from school, while subject to 131 compulsory school attendance, despite reasonable efforts to 132 remedy the situation pursuant to ss. 1003.26 and 1003.27 and 133 through voluntary participation by the child’s parents or legal 134 custodians and by the child in family mediation, services, and 135 treatment offered by the departmentof Juvenile Justiceor the 136 Department of Children and Family Services;or137 (c) To have persistently disobeyed the reasonable and 138 lawful demands of the child’s parents or legal custodians, and 139 to be beyond their control despite efforts by the child’s 140 parents or legal custodians and appropriate agencies to remedy 141 the conditions contributing to the behavior. Reasonable efforts 142 may include such things as good faith participation in family or 143 individual counseling; or.144 (d) To be 9 years of age or younger and have been referred 145 to the department for committing a delinquent act. 146 (25) “Family in need of services” means a family that has a 147 child who is running away; who is persistently disobeying 148 reasonable and lawful demands of the parent or legal custodian 149 and is beyond the control of the parent or legal custodian;or150 who is habitually truant from school or engaging in other 151 serious behaviors that place the child at risk of future abuse, 152 neglect, or abandonment or at risk of entering the juvenile 153 justice system; or who is 9 years of age or younger and being 154 referred to the department for a delinquent act. The child must 155 be referred to a law enforcement agency, the departmentof156Juvenile Justice, or an agency contracted to provide services to 157 children in need of services. A family is not eligible to 158 receive services if, at the time of the referral, there is an 159 open investigation into an allegation of abuse, neglect, or 160 abandonment or if the child is currently under supervision by 161 the departmentof Juvenile Justiceor the Department of Children 162 and Family Services due to an adjudication of dependency or 163 delinquency. 164 Section 3. Subsection (1) of section 984.14, Florida 165 Statutes, is amended to read: 166 984.14 Shelter placement; hearing.— 167 (1) Unless ordered by the court pursuant tothe provisions168ofthis chapter, or upon voluntary consent to placement by the 169 child and the child’s parent, legal guardian, or custodian, a 170 child taken into custody mayshallnot be placed in a shelter 171 prior to a court hearing unless the child is taken into custody 172 for a misdemeanor domestic violence charge and is ineligible to 173 be held in secure detention or a determination has been made 174 thatthe provision ofappropriate and available services will 175 not eliminate the need for placement and that such placement is 176 required: 177 (a) To provide an opportunity for the child and family to 178 agree upon conditions for the child’s return home, when 179 immediate placement in the home would result in a substantial 180 likelihood that the child and family would not reach an 181 agreement; or 182 (b) Because a parent, custodian, or guardian is unavailable 183 to take immediate custody of the child. 184 Section 4. Subsections (9), (10), and (11) are added to 185 section 985.02, Florida Statutes, to read: 186 985.02 Legislative intent for the juvenile justice system.— 187 (9) CHILDREN 9 YEARS OF AGE OR YOUNGER.—The Legislature 188 finds that very young children need age-appropriate services in 189 order to prevent and reduce future acts of delinquency. Children 190 who are 9 years of age or younger should be diverted into 191 prearrest or postarrest programs, civil citation programs, or 192 children-in-need-of-services and families-in-need-of-services 193 programs, or other programs, as appropriate. If, upon findings 194 from the needs assessment, the child is found to be in need of 195 mental health services or substance abuse treatment services, 196 the department shall cooperate with the parent or legal guardian 197 and the Department of Children and Family Services, as 198 appropriate, to identify the most appropriate services and 199 supports and available funding sources to meet the needs of the 200 child. 201 (10) RESTORATIVE JUSTICE.— 202 (a) It is the intent of the Legislature that the juvenile 203 justice system advance the principles of restorative justice. 204 The department shall focus on repairing the harm to victims of 205 delinquent behavior by ensuring that the child understands the 206 effect of his or her delinquent behavior on the victim and the 207 community and that the child restore the losses of his or her 208 victim. 209 (b) Offender accountability is one of the principles of 210 restorative justice. The premise of this principle is that the 211 juvenile justice system must respond to delinquent behavior in 212 such a way that the offender is made aware of and takes 213 responsibility for repaying or restoring loss, damage, or injury 214 perpetrated upon the victim and the community. This goal is 215 achieved when the offender understands the consequences of 216 delinquent behaviors in terms of harm to others, and when the 217 offender makes amends for the harm, loss, or damage through 218 restitution, community service, or other appropriate repayment. 219 Section 5. Subsections (7) and (23) of section 985.03, 220 Florida Statutes, are amended to read: 221 985.03 Definitions.—As used in this chapter, the term: 222 (7) “Child in need of services” means a child for whom 223 there is no pending investigation into an allegation or 224 suspicion of abuse, neglect, or abandonment; no pending referral 225 alleging that the child is delinquent, except if the child is 9 226 years of age or younger at the time of referral to the 227 department; or no current supervision by the department or the 228 Department of Children and Family Services for an adjudication 229 of dependency or delinquency. The child must also, under this 230 chapter, be found by the court: 231 (a) To have persistently run away from the child’s parents 232 or legal custodians despite reasonable efforts of the child, the 233 parents or legal custodians, and appropriate agencies to remedy 234 the conditions contributing to the behavior. Reasonable efforts 235 shall include voluntary participation by the child’s parents or 236 legal custodians and the child in family mediation, services, 237 and treatment offered by the department or the Department of 238 Children and Family Services; 239 (b) To be habitually truant from school, while subject to 240 compulsory school attendance, despite reasonable efforts to 241 remedy the situation under ss. 1003.26 and 1003.27 and through 242 voluntary participation by the child’s parents or legal 243 custodians and by the child in family mediation, services, and 244 treatment offered by the departmentof Juvenile Justiceor the 245 Department of Children and Family Services;or246 (c) To have persistently disobeyed the reasonable and 247 lawful demands of the child’s parents or legal custodians, and 248 to be beyond their control despite efforts by the child’s 249 parents or legal custodians and appropriate agencies to remedy 250 the conditions contributing to the behavior. Reasonable efforts 251 may include such things as good faith participation in family or 252 individual counseling; or 253 (d) To be 9 years of age or younger and have been referred 254 to the department for a delinquent act. 255 (23) “Family in need of services” means a family that has a 256 child for whom there is no pending investigation into an 257 allegation of abuse, neglect, or abandonment or no current 258 supervision by the department or the Department of Children and 259 Family Services for an adjudication of dependency or 260 delinquency. The child must also have been referred to a law 261 enforcement agency or the department for: 262 (a) Running away from parents or legal custodians; 263 (b) Persistently disobeying reasonable and lawful demands 264 of parents or legal custodians, and being beyond their control; 265or266 (c) Habitual truancy from school; or 267 (d) Being 9 years of age or younger and being referred for 268 a delinquent act. 269 Section 6. Subsection (1) of section 985.125, Florida 270 Statutes, is amended to read: 271 985.125 Prearrest or postarrest diversion programs.— 272 (1) A law enforcement agency,orschool district, county, 273 municipality, or the department, in cooperation with the state 274 attorney, is encouraged tomayestablishaprearrest or 275 postarrest diversion programs. Youth who are taken into custody 276 for first-time misdemeanor offenses or offenders who are 9 years 277 of age or younger should be given an opportunity to participate 278 in prearrest or postarrest diversion programsprogram. 279 Section 7. Paragraph (d) of subsection (1) of section 280 985.145, Florida Statutes, is amended to read: 281 985.145 Responsibilities of juvenile probation officer 282 during intake; screenings and assessments.— 283 (1) The juvenile probation officer shall serve as the 284 primary case manager for the purpose of managing, coordinating, 285 and monitoring the services provided to the child. Each program 286 administrator within the Department of Children and Family 287 Services shall cooperate with the primary case manager in 288 carrying out the duties and responsibilities described in this 289 section. In addition to duties specified in other sections and 290 through departmental rules, the assigned juvenile probation 291 officer shall be responsible for the following: 292 (d) Completing risk assessment instrument.—The juvenile 293 probation officer shall ensure that a risk assessment instrument 294 establishing the child’s eligibility for detention has been 295 accurately completed and that the appropriate recommendation was 296 made to the court. If, upon completion of the risk assessment 297 instrument, the child is ineligible for secure detention based 298 on the criteria in s. 985.24(2)(e), the juvenile probation 299 officer shall make a referral to the appropriate shelter for a 300 child in need of services or family in need of services. 301 Section 8. Section 985.24, Florida Statutes, is amended to 302 read: 303 985.24 Use of detention; prohibitions.— 304 (1) All determinations and court orders regarding the use 305 of secure, nonsecure, or home detention mustshallbe based 306 primarily upon findings that the child: 307 (a) Presents a substantial risk of not appearing at a 308 subsequent hearing; 309 (b) Presents a substantial risk of inflicting bodily harm 310 on others as evidenced by recent behavior; 311 (c) Presents a history of committing a property offense 312 prior to adjudication, disposition, or placement; 313 (d) Has committed contempt of court by: 314 1. Intentionally disrupting the administration of the 315 court; 316 2. Intentionally disobeying a court order; or 317 3. Engaging in a punishable act or speech in the court’s 318 presence which shows disrespect for the authority and dignity of 319 the court; or 320 (e) Requests protection from imminent bodily harm. 321 (2) A child alleged to have committed a delinquent act or 322 violation of law may not be placed into secure, nonsecure, or 323 home detention care for any of the following reasons: 324 (a) To allow a parent to avoid his or her legal 325 responsibility. 326 (b) To permit more convenient administrative access to the 327 child. 328 (c) To facilitate further interrogation or investigation. 329 (d) Due to a lack of more appropriate facilities. 330 (e) Due to a misdemeanor charge of domestic violence if the 331 child lives in a family that has a history of family violence, 332 as defined in s. 741.28, or if the child is a victim of abuse or 333 neglect, as defined in s. 39.01, and the decision to place the 334 child in secure detention is mitigated by the history of trauma 335 faced by the child, unless the child would otherwise be subject 336 to secure detention based on his or her prior history. 337 (3) A child alleged to be dependent under chapter 39 may 338 not, under any circumstances, be placed into secure detention 339 care. 340 (4) A child 9 years of age or younger may not be placed 341 into secure detention care unless the child is charged with a 342 capital felony, a life felony, or a felony of the first degree. 343 (5)(4)The department shall continue to identify 344 alternatives to secure detention care and shall develop such 345 alternatives and annually submit them to the Legislature for 346 authorization and appropriation. 347 Section 9. Paragraph (a) of subsection (2) of section 348 985.245, Florida Statutes, is amended to read: 349 985.245 Risk assessment instrument.— 350 (2)(a) The risk assessment instrument for detention care 351 placement determinations and court orders shall be developed by 352 the department in agreement with a statewide committee composed 353 of representatives appointed by the following associations: the 354 Conference of Circuit Judges of Florida, the Prosecuting 355 Attorneys Association, the Public Defenders Association, the 356 Florida Sheriffs Association, and the Florida Association of 357 Chiefs of Police. Each association shall appoint two 358 individuals, one representing an urban area and one representing 359 a rural area. In addition, the committee shall include two 360 representatives from child advocacy organizations appointed by 361 the secretary of the department. The parties involved shall 362 evaluate and revise the risk assessment instrument as is 363 considered necessary using the method for revision as agreed by 364 the parties. 365 Section 10. Section 985.255, Florida Statutes, is amended 366 to read: 367 985.255 Detention criteria; detention hearing.— 368 (1) Subject to s. 985.25(1), a child taken into custody and 369 placed intononsecure orhome detention care or detained in 370 secure detention care beforeprior toa detention hearing may 371 continue to be detained by the court if: 372 (a) The child is alleged to be an escapee from a 373 residential commitment program; or an absconder from a 374 nonresidential commitment program, a probation program, or 375 conditional release supervision; or is alleged to have escaped 376 while being lawfully transported to or from a residential 377 commitment program. 378 (b) The child is wanted in another jurisdiction for an 379 offense which, if committed by an adult, would be a felony. 380 (c) The child is charged with a delinquent act or violation 381 of law and requests in writing through legal counsel to be 382 detained for protection from an imminent physical threat to his 383 or her personal safety. 384 (d) The child is charged with committing a felonyan385 offense of domestic violence as defined in s. 741.28 and is 386 detained as provided in subsection (2). 387 (e) The child is charged with possession or discharging a 388 firearm on school property in violation of s. 790.115. 389 (f) The child is charged with a capital felony, a life 390 felony, a felony of the first degree, a felony of the second 391 degree that does not involve a violation of chapter 893, or a 392 felony of the third degree that is also a crime of violence, 393 including any such offense involving the use or possession of a 394 firearm. 395 (g) The child is charged with any second degree or third 396 degree felony involving a violation of chapter 893 or any third 397 degree felony that is not also a crime of violence, and the 398 child: 399 1. Has a record of failure to appear at court hearings 400 after being properly notified in accordance with the Rules of 401 Juvenile Procedure; 402 2. Has a record of law violations prior to court hearings; 403 3. Has already been detained or has been released and is 404 awaiting final disposition of the case; 405 4. Has a record of violent conduct resulting in physical 406 injury to others; or 407 5. Is found to have been in possession of a firearm. 408 (h) The child is alleged to have violated the conditions of 409 the child’s probation or conditional release supervision. 410 However, a child detained under this paragraph may be held only 411 in a consequence unit as provided in s. 985.439. If a 412 consequence unit is not available, the child shall be placed on 413 home detention with electronic monitoring. 414 (i) The child is detained on a judicial order for failure 415 to appear and has previously willfully failed to appear, after 416 proper notice, for an adjudicatory hearing on the same case 417 regardless of the results of the risk assessment instrument. A 418 child may be held in secure detention for up to 72 hours in 419 advance of the next scheduled court hearing pursuant to this 420 paragraph. The child’s failure to keep the clerk of court and 421 defense counsel informed of a current and valid mailing address 422 where the child will receive notice to appear at court 423 proceedings does not provide an adequate ground for excusal of 424 the child’s nonappearance at the hearings. 425 (j) The child is detained on a judicial order for failure 426 to appear and has previously willfully failed to appear, after 427 proper notice, at two or more court hearings of any nature on 428 the same case regardless of the results of the risk assessment 429 instrument. A child may be held in secure detention for up to 72 430 hours in advance of the next scheduled court hearing pursuant to 431 this paragraph. The child’s failure to keep the clerk of court 432 and defense counsel informed of a current and valid mailing 433 address where the child will receive notice to appear at court 434 proceedings does not provide an adequate ground for excusal of 435 the child’s nonappearance at the hearings. 436 (2) A child who is charged with committing a felonyan437 offense of domestic violence as defined in s. 741.28 and who 438 does not meet detention criteria may be held in secure detention 439 if the court makes specific written findings that: 440 (a) Respite care for the child is not available. 441 (b) It is necessary to place the child in secure detention 442 in order to protect the victim from injury. 443 444 The child may not be held in secure detention under this 445 subsection for more than 48 hours unless ordered by the court. 446 After 48 hours, the court shall hold a hearing if the state 447 attorney or victim requests that secure detention be continued. 448 The child may continue to be held in detention care if the court 449 makes a specific, written finding that detention care is 450 necessary to protect the victim from injury. However, the child 451 may not be held in detention care beyond the time limits set 452 forth in this section or s. 985.26. 453 (3)(a) A child who meets any of the criteria in subsection 454 (1) and who is ordered to be detained under that subsection 455 shall be given a hearing within 24 hours after being taken into 456 custody. The purpose of the detention hearing is to determine 457 the existence of probable cause that the child has committed the 458 delinquent act or violation of law that he or she is charged 459 with and the need for continued detention. Unless a child is 460 detained under paragraph (1)(d) or paragraph (1)(e), the court 461 shall use the results of the risk assessment performed by the 462 juvenile probation officer and, based on the criteria in 463 subsection (1), shall determine the need for continued 464 detention. A child placed into secure, nonsecure, or home 465 detention care may continue to be so detained by the court. 466 (b) If the court orders a placement more restrictive than 467 indicated by the results of the risk assessment instrument, the 468 court shall state, in writing, clear and convincing reasons for 469 such placement. 470 (c) Except as provided in s. 790.22(8) or in s. 985.27, 471 when a child is placed into secure or nonsecure detention care, 472 or into a respite home or other placement pursuant to a court 473 order following a hearing, the court order must include specific 474 instructions that direct the release of the child from such 475 placement no later than 5 p.m. on the last day of the detention 476 period specified in s. 985.26 or s. 985.27, whichever is 477 applicable, unless the requirements of such applicable provision 478 have been met or an order of continuance has been granted under 479 s. 985.26(4). 480 Section 11. Paragraph (e) is added to subsection (1) of 481 section 985.441, Florida Statutes, to read: 482 985.441 Commitment.— 483 (1) The court that has jurisdiction of an adjudicated 484 delinquent child may, by an order stating the facts upon which a 485 determination of a sanction and rehabilitative program was made 486 at the disposition hearing: 487 (e) Commit the child to the department for placement in a 488 mother-infant program designed to serve the needs of juvenile 489 mothers or expectant juvenile mothers who are committed as 490 delinquents. The department’s mother-infant program must be 491 licensed as a child care facility in accordance with s. 402.308, 492 and must provide the services and support necessary to enable 493 the committed juvenile mothers to provide for the needs of their 494 infants who, upon agreement of the mother, may accompany them in 495 the program. The department shall adopt rules pursuant to ss. 496 120.536(1) and 120.54 to govern the operation of such programs. 497 Section 12. Subsection (1) of section 985.45, Florida 498 Statutes, is amended to read: 499 985.45 Liability and remuneration for work.— 500 (1) Whenever a child is required by the court to 501 participate in any work program under this part or whenever a 502 child volunteers to work in a specified state, county, 503 municipal, or community service organization supervised work 504 program or to work for the victim, either as an alternative to 505 monetary restitution or as a part of the rehabilitative or 506 probation program, the child is an employee of the state for the 507 purposes of chapter 440liability. 508 Section 13. Section 985.632, Florida Statutes, is amended 509 to read: 510 985.632 Program review and reporting requirementsQuality511assurance and cost-effectiveness.— 512 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 513 that the department: 514 (a) Ensure that information be provided to decisionmakers 515 in a timely manner so that resources are allocated to programs 516 thatof the department whichachieve desired performance levels. 517 (b) Collect and analyze available statistical data for the 518 purpose of ongoing evaluation of all programs. 519 (c)(b)Provide information about the cost of such programs 520 and their differential effectiveness so that programthequality 521 mayof such programs canbe compared and improvements made 522 continually. 523 (d)(c)Provide information to aid in developing related 524 policy issues and concerns. 525 (e)(d)Provide information to the public about the 526 effectiveness of such programs in meeting established goals and 527 objectives. 528 (f)(e)Provide a basis for a system of accountability so 529 that each youthclientis afforded the best programs to meet his 530 or her needs. 531 (g)(f)Improve service delivery to youthclients. 532 (h)(g)Modify or eliminate activities that are not 533 effective. 534 (2) DEFINITIONS.—As used in this section, the term: 535 (a) “Youth”“Client”means any person who is being provided 536 treatment or services by the department or by a provider under 537 contract with the department. 538 (b) “Program” means any facility, service, or program for 539 youth which is operated by the department or by a provider under 540 contract with the department. 541 (c)(b)“Program component” means an aggregation of 542 generally related objectives which, because of their special 543 character, related workload, and interrelated output, can 544 logically be considered an entity for purposes of organization, 545 management, accounting, reporting, and budgeting. 546(c) “Program effectiveness” means the ability of the547program to achieve desired client outcomes, goals, and548objectives.549 (d) “Program group” means a collection of programs having 550 sufficient similarity of functions, services, and population to 551 permit appropriate comparisons between programs within the 552 group. 553 (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department 554 shall use a standard methodology for annually measuring, 555 evaluating, and reporting program outputs and youth outcomes for 556 each program and program group. The department shall submit a 557 report to the appropriate committees of the Legislature and the 558 Governor by January 15 of each year. The department shall notify 559 the Office of Program Policy Analysis and Government 560 Accountability and each contract service provider of substantive 561 changes to the methodology. The standard methodology must: 562 (a) Define common terminology and operational definitions 563 and methods by which to measure the performance of program 564 outputs and outcomes. 565 (b) Specify program outputs for each program and for each 566 program group within the juvenile justice continuum. 567 (c) Report cost data for each program operated or 568 contracted by the department for the fiscal year corresponding 569 to the program outputs and outcomes being reported.The570department shall annually collect and report cost data for every571program operated or contracted by the department. The cost data572shall conform to a format approved by the department and the573Legislature. Uniform cost data shall be reported and collected574for state-operated and contracted programs so that comparisons575can be made among programs. The department shall ensure that576there is accurate cost accounting for state-operated services577including market-equivalent rent and other shared cost. The cost578of the educational program provided to a residential facility579shall be reported and included in the cost of a program. The580department shall submit an annual cost report to the President581of the Senate, the Speaker of the House of Representatives, the582Minority Leader of each house of the Legislature, the583appropriate substantive and fiscal committees of each house of584the Legislature, and the Governor, no later than December 1 of585each year. Cost-benefit analysis for educational programs will586be developed and implemented in collaboration with and in587cooperation with the Department of Education, local providers,588and local school districts. Cost data for the report shall589include data collected by the Department of Education for the590purposes of preparing the annual report required by s.5911003.52(19).592 (4)(a)PROGRAM ACCOUNTABILITY MEASURES.—The departmentof593Juvenile Justice, in consultation with the Office of Economic594and Demographic Research, and contract service providers,shall 595develop a cost-effectiveness model andapply the program 596 accountability measures analysismodelto each commitment 597 program and include the results in the comprehensive 598 accountability report.Program recidivism rates shall be a599component of the model.600 (a) The program accountability measures analysiscost601effectiveness modelshall compare program costs to expected and 602 actual youth recidivism ratesclient outcomes and program603outputs. It is the intent of the Legislature that continual 604 development efforts take place to improve the validity and 605 reliability of the cost-effectiveness modeland to integrate the606standard methodology developed under s.985.401(4) for607interpreting program outcome evaluations. 608(b) The department shall rank commitment programs based on609the cost-effectiveness model and shall submit a report to the610appropriate substantive and fiscal committees of each house of611the Legislature by December 31 of each year.612 (b)(c)Based onreports of the department on client613outcomes and program outputs and onthe department’s most recent 614 program accountability measures analysiscost-effectiveness615 rankings, the department may terminate its contract with or 616 discontinue a commitment programoperated by the department or a617providerif the program has failed to achieve a minimum 618 threshold of recidivism and cost-effectivenessprogram619effectiveness. This paragraph does not preclude the department 620 from terminating a contract as provided under this section or as 621 otherwise provided by law or contract, and does not limit the 622 department’s authority to enter into or terminate a contract. 623 (c)(d)The department shall notify the Office of Program 624 Policy Analysis and Government Accountability and each contract 625 service provider of substantive changes to the program 626 accountability measures analysis.In collaboration with the627Office of Economic and Demographic Research, and contract628service providers, the department shall develop a work plan to629refine the cost-effectiveness model so that the model is630consistent with the performance-based program budgeting measures631approved by the Legislature to the extent the department deems632appropriate. The department shall notify the Office of Program633Policy Analysis and Government Accountability of any meetings to634refine the model.635 (d)(e)Contingent upon specific appropriation, the 636 department, in consultation with the Office of Economic and 637 Demographic Research, and contract service providers, shall: 638 1. Construct a profile of each commitment program that uses 639 the results of the quality assurance report required by this 640 section, the cost-effectiveness report required in this 641 subsection, and other reports available to the department. 642 2. Target, for a more comprehensive evaluation, any 643 commitment program that has achieved consistently high, low, or 644 disparate ratings in the reports required under subparagraph 1. 645 3. Identify the essential factors that contribute to the 646 high, low, or disparate program ratings. 647 4. Use the results of these evaluations in developing or 648 refining juvenile justice programs or program models, youth 649clientoutcomes and program outputs, provider contracts, quality 650 assurance standards, and the cost-effectiveness model. 651 (5) QUALITY ASSURANCE.—The department shall: 652 (a) Establish a comprehensive quality assurance system for 653 each program operated by the department or operated by a 654 provider under contract with the department. Each contract 655 entered into by the department must provide for quality 656 assurance and include the results in the comprehensive 657 accountability report. 658 (b) Provide operational definitions of and criteria for 659 quality assurance for each specific program component. 660 (c) Establish quality assurance goals and objectives for 661 each specific program component. 662 (d) Establish the information and specific data elements 663 required for the quality assurance program. 664 (e) Develop a quality assurance manual of specific, 665 standardized terminology and procedures to be followed by each 666 program. 667 (f) Evaluate each program operated by the department or a 668 provider under a contract with the department and establish 669 minimum thresholds for each program component. If a provider 670 fails to meet the established minimum thresholds, such failure 671 shall cause the department to cancel the provider’s contract 672 unless the provider achieves compliance with minimum thresholds 673 within 6 months or unless there are documented extenuating 674 circumstances. In addition, the department may not contract with 675 the same provider for the canceled service for a period of 12 676 months. If a department-operated program fails to meet the 677 established minimum thresholds, the department must take 678 necessary and sufficient steps to ensure and document program 679 changes to achieve compliance with the established minimum 680 thresholds. If the department-operated program fails to achieve 681 compliance with the established minimum thresholds within 6 682 months and if there are no documented extenuating circumstances, 683 the department must notify the Executive Office of the Governor 684 and the Legislature of the corrective action taken. Appropriate 685 corrective action may include, but is not limited to: 686 1. Contracting out for the services provided in the 687 program; 688 2. Initiating appropriate disciplinary action against all 689 employees whose conduct or performance is deemed to have 690 materially contributed to the program’s failure to meet 691 established minimum thresholds; 692 3. Redesigning the program; or 693 4. Realigning the program. 694 695The department shall submit an annual report to the President of696the Senate, the Speaker of the House of Representatives, the697Minority Leader of each house of the Legislature, the698appropriate substantive and fiscal committees of each house of699the Legislature, and the Governor, no later than February 1 of700each year. The annual report must contain, at a minimum, for701each specific program component: a comprehensive description of702the population served by the program; a specific description of703the services provided by the program; cost; a comparison of704expenditures to federal and state funding; immediate and long705range concerns; and recommendations to maintain, expand,706improve, modify, or eliminate each program component so that707changes in services lead to enhancement in program quality. The708department shall ensure the reliability and validity of the709information contained in the report.710(6) The department shall collect and analyze available711statistical data for the purpose of ongoing evaluation of all712programs. The department shall provide the Legislature with713necessary information and reports to enable the Legislature to714make informed decisions regarding the effectiveness of, and any715needed changes in, services, programs, policies, and laws.716(7) No later than November 1, 2001, the department shall717submit a proposal to the Legislature concerning funding718incentives and disincentives for the department and for719providers under contract with the department. The720recommendations for funding incentives and disincentives shall721be based upon both quality assurance performance and cost722effectiveness performance. The proposal should strive to achieve723consistency in incentives and disincentives for both department724operated and contractor-provided programs. The department may725include recommendations for the use of liquidated damages in the726proposal; however, the department is not presently authorized to727contract for liquidated damages in non-hardware-secure728facilities until January 1, 2002.729 Section 14. Subsection (8) of section 985.664, Florida 730 Statutes, is amended to read: 731 985.664 Juvenile justice circuit boards and juvenile 732 justice county councils.— 733 (8) At any time after the adoption of initial bylaws 734 pursuant to subsection (12), a juvenile justice circuit board 735 may revise the bylaws to increase the number of members by not 736 more than fivethreein order to adequately reflect the 737 diversity of the population and community organizations or 738 agencies in the circuit. 739 Section 15. For the purpose of incorporating the amendment 740 made by this act to section 984.03, Florida Statutes, in a 741 reference thereto, paragraph (d) of subsection (1) of section 742 419.001, Florida Statutes, is reenacted to read: 743 419.001 Site selection of community residential homes.— 744 (1) For the purposes of this section, the following 745 definitions shall apply: 746 (d) “Resident” means any of the following: a frail elder as 747 defined in s. 429.65; a physically disabled or handicapped 748 person as defined in s. 760.22(7)(a); a developmentally disabled 749 person as defined in s. 393.063; a nondangerous mentally ill 750 person as defined in s. 394.455(18); or a child who is found to 751 be dependent as defined in s. 39.01 or s. 984.03, or a child in 752 need of services as defined in s. 984.03 or s. 985.03. 753 Section 16. For the purpose of incorporating the amendment 754 made by this act to section 984.03, Florida Statutes, in a 755 reference thereto, subsection (5) of section 984.04, Florida 756 Statutes, is reenacted to read: 757 984.04 Families in need of services and children in need of 758 services; procedures and jurisdiction.— 759 (5) The circuit court shall have exclusive original 760 jurisdiction of proceedings in which a child is alleged to be a 761 child in need of services. When the jurisdiction of any child 762 who has been found to be a child in need of services or the 763 parent, custodian, or legal guardian of such a child is 764 obtained, the court shall retain jurisdiction, unless 765 relinquished by its order or unless the department withdraws its 766 petition because the child no longer meets the definition of a 767 child in need of services as defined in s. 984.03, until the 768 child reaches 18 years of age. This subsection shall not be 769 construed to prevent the exercise of jurisdiction by any other 770 court having jurisdiction of the child if the child commits a 771 violation of law, is the subject of the dependency provisions 772 under this chapter, or is the subject of a pending investigation 773 into an allegation or suspicion of abuse, neglect, or 774 abandonment. 775 Section 17. For the purpose of incorporating the amendment 776 made by this act to section 984.03, Florida Statutes, in 777 references thereto, paragraph (c) of subsection (2) and 778 paragraph (c) of subsection (3) of section 984.15, Florida 779 Statutes, are reenacted to read: 780 984.15 Petition for a child in need of services.— 781 (2) 782 (c) The petition shall be in writing, shall state the 783 specific grounds under s. 984.03(9) by which the child is 784 designated a child in need of services, and shall certify that 785 the conditions prescribed in paragraph (a) have been met. The 786 petition shall be signed by the petitioner under oath stating 787 good faith in filing the petition and shall be signed by an 788 attorney for the department. 789 (3) 790 (c) The petition must be in writing and must set forth 791 specific facts alleging that the child is a child in need of 792 services as defined in s. 984.03(9). The petition must also 793 demonstrate that the parent, guardian, or legal custodian has in 794 good faith, but unsuccessfully, participated in the services and 795 processes described in ss. 984.11 and 984.12. 796 Section 18. For the purpose of incorporating the amendment 797 made by this act to section 984.14, Florida Statutes, in a 798 reference thereto, subsection (3) of section 984.13, Florida 799 Statutes, is reenacted to read: 800 984.13 Taking into custody a child alleged to be from a 801 family in need of services or to be a child in need of 802 services.— 803 (3) If the child is taken into custody by, or is delivered 804 to, the department, the appropriate representative of the 805 department shall review the facts and make such further inquiry 806 as necessary to determine whether the child shall remain in 807 custody or be released. Unless shelter is required as provided 808 in s. 984.14(1), the department shall: 809 (a) Release the child to his or her parent, guardian, or 810 legal custodian, to a responsible adult relative, to a 811 responsible adult approved by the department, or to a 812 department-approved family-in-need-of-services and child-in 813 need-of-services provider; or 814 (b) Authorize temporary services and treatment that would 815 allow the child alleged to be from a family in need of services 816 to remain at home. 817 Section 19. For the purpose of incorporating the amendment 818 made by this act to section 985.03, Florida Statutes, in a 819 reference thereto, paragraph (d) of subsection (1) of section 820 419.001, Florida Statutes, is reenacted to read: 821 419.001 Site selection of community residential homes.— 822 (1) For the purposes of this section, the following 823 definitions shall apply: 824 (d) “Resident” means any of the following: a frail elder as 825 defined in s. 429.65; a physically disabled or handicapped 826 person as defined in s. 760.22(7)(a); a developmentally disabled 827 person as defined in s. 393.063; a nondangerous mentally ill 828 person as defined in s. 394.455(18); or a child who is found to 829 be dependent as defined in s. 39.01 or s. 984.03, or a child in 830 need of services as defined in s. 984.03 or s. 985.03. 831 Section 20. This act shall take effect July 1, 2010.
