Bill Text: FL S1072 | 2010 | Regular Session | Engrossed

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Bill Title: Juvenile Justice [SPSC]

Sponsorship: 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

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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 department of 
118  Juvenile Justice or 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 department of Juvenile Justice or 
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 department of Juvenile Justice or the 
136  Department of Children and Family Services; or 
137         (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; or 
150  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 department of 
156  Juvenile 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 department of Juvenile Justice or 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 to the provisions 
168  of this 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 may shall not 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  that the provision of appropriate 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 department of Juvenile Justice or the 
245  Department of Children and Family Services; or 
246         (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; 
265  or 
266         (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, or school district, county, 
273  municipality, or the department, in cooperation with the state 
274  attorney, is encouraged to may establish a prearrest 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 programs program. 
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 must shall be 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 into nonsecure or home detention care or detained in 
370  secure detention care before prior to a 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 felony an 
385  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 felony an 
437  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 440 liability. 
508         Section 13. Section 985.632, Florida Statutes, is amended 
509  to read: 
510         985.632 Program review and reporting requirements Quality 
511  assurance 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  that of the department which achieve 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 program the quality 
521  may of such programs can be 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 youth client is afforded the best programs to meet his 
530  or her needs. 
531         (g)(f) Improve service delivery to youth clients. 
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 the 
547  program to achieve desired client outcomes, goals, and 
548  objectives. 
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. The 
570  department shall annually collect and report cost data for every 
571  program operated or contracted by the department. The cost data 
572  shall conform to a format approved by the department and the 
573  Legislature. Uniform cost data shall be reported and collected 
574  for state-operated and contracted programs so that comparisons 
575  can be made among programs. The department shall ensure that 
576  there is accurate cost accounting for state-operated services 
577  including market-equivalent rent and other shared cost. The cost 
578  of the educational program provided to a residential facility 
579  shall be reported and included in the cost of a program. The 
580  department shall submit an annual cost report to the President 
581  of the Senate, the Speaker of the House of Representatives, the 
582  Minority Leader of each house of the Legislature, the 
583  appropriate substantive and fiscal committees of each house of 
584  the Legislature, and the Governor, no later than December 1 of 
585  each year. Cost-benefit analysis for educational programs will 
586  be developed and implemented in collaboration with and in 
587  cooperation with the Department of Education, local providers, 
588  and local school districts. Cost data for the report shall 
589  include data collected by the Department of Education for the 
590  purposes of preparing the annual report required by s. 
591  1003.52(19). 
592         (4)(a) PROGRAM ACCOUNTABILITY MEASURES.—The department of 
593  Juvenile Justice, in consultation with the Office of Economic 
594  and Demographic Research, and contract service providers, shall 
595  develop a cost-effectiveness model and apply the program 
596  accountability measures analysis model to each commitment 
597  program and include the results in the comprehensive 
598  accountability report. Program recidivism rates shall be a 
599  component of the model. 
600         (a) The program accountability measures analysis cost 
601  effectiveness model shall compare program costs to expected and 
602  actual youth recidivism rates client outcomes and program 
603  outputs. 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 model and to integrate the 
606  standard methodology developed under s. 985.401(4) for 
607  interpreting program outcome evaluations. 
608         (b) The department shall rank commitment programs based on 
609  the cost-effectiveness model and shall submit a report to the 
610  appropriate substantive and fiscal committees of each house of 
611  the Legislature by December 31 of each year. 
612         (b)(c) Based on reports of the department on client 
613  outcomes and program outputs and on the department’s most recent 
614  program accountability measures analysis cost-effectiveness 
615  rankings, the department may terminate its contract with or 
616  discontinue a commitment program operated by the department or a 
617  provider if the program has failed to achieve a minimum 
618  threshold of recidivism and cost-effectiveness program 
619  effectiveness. 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 the 
627  Office of Economic and Demographic Research, and contract 
628  service providers, the department shall develop a work plan to 
629  refine the cost-effectiveness model so that the model is 
630  consistent with the performance-based program budgeting measures 
631  approved by the Legislature to the extent the department deems 
632  appropriate. The department shall notify the Office of Program 
633  Policy Analysis and Government Accountability of any meetings to 
634  refine 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 
649  client outcomes 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 
695  The department shall submit an annual report to the President of 
696  the Senate, the Speaker of the House of Representatives, the 
697  Minority Leader of each house of the Legislature, the 
698  appropriate substantive and fiscal committees of each house of 
699  the Legislature, and the Governor, no later than February 1 of 
700  each year. The annual report must contain, at a minimum, for 
701  each specific program component: a comprehensive description of 
702  the population served by the program; a specific description of 
703  the services provided by the program; cost; a comparison of 
704  expenditures to federal and state funding; immediate and long 
705  range concerns; and recommendations to maintain, expand, 
706  improve, modify, or eliminate each program component so that 
707  changes in services lead to enhancement in program quality. The 
708  department shall ensure the reliability and validity of the 
709  information contained in the report. 
710         (6) The department shall collect and analyze available 
711  statistical data for the purpose of ongoing evaluation of all 
712  programs. The department shall provide the Legislature with 
713  necessary information and reports to enable the Legislature to 
714  make informed decisions regarding the effectiveness of, and any 
715  needed changes in, services, programs, policies, and laws. 
716         (7) No later than November 1, 2001, the department shall 
717  submit a proposal to the Legislature concerning funding 
718  incentives and disincentives for the department and for 
719  providers under contract with the department. The 
720  recommendations for funding incentives and disincentives shall 
721  be based upon both quality assurance performance and cost 
722  effectiveness performance. The proposal should strive to achieve 
723  consistency in incentives and disincentives for both department 
724  operated and contractor-provided programs. The department may 
725  include recommendations for the use of liquidated damages in the 
726  proposal; however, the department is not presently authorized to 
727  contract for liquidated damages in non-hardware-secure 
728  facilities 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 five three in 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.