Bill Text: FL S1072 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1072 
 
By the Committee on Criminal and Civil Justice Appropriations; 
and Senator Wise 
604-04277-10                                          20101072c1 
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 eligible to be 
173  held in secure detention or a determination has been made that 
174  the provision of appropriate and available services will not 
175  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 finds 
188  that very young children need age-appropriate services in order 
189  to prevent and reduce future acts of delinquency. Children who 
190  are 9 years of age or younger should be diverted into prearrest 
191  or postarrest programs, civil citation programs, or children-in 
192  need-of-services and families-in-need-of-services programs, as 
193  appropriate. If, upon findings from the needs assessment, the 
194  child is found to be in need of mental health services or 
195  substance abuse treatment services, the department shall 
196  cooperate with the parent or legal guardian and the Department 
197  of Children and Family Services, as appropriate, to identify the 
198  most appropriate services and supports and available funding 
199  sources to meet the needs of the child. 
200         (10) RESTORATIVE JUSTICE.— 
201         (a) It is the intent of the Legislature that the juvenile 
202  justice system advance the principles of restorative justice. 
203  The department shall focus on repairing the harm to victims of 
204  delinquent behavior by ensuring that the child understands the 
205  effect of his or her delinquent behavior on the victim and the 
206  community and that the child restore the losses of his or her 
207  victim. 
208         (b) Offender accountability is one of the principles of 
209  restorative justice. The premise of this principle is that the 
210  juvenile justice system must respond to delinquent behavior in 
211  such a way that the offender is made aware of and takes 
212  responsibility for repaying or restoring loss, damage, or injury 
213  perpetrated upon the victim and the community. This goal is 
214  achieved when the offender understands the consequences of 
215  delinquent behaviors in terms of harm to others, and when the 
216  offender makes amends for the harm, loss, or damage through 
217  restitution, community service, or other appropriate repayment. 
218         Section 5. Subsections (7) and (23) of section 985.03, 
219  Florida Statutes, are amended to read: 
220         985.03 Definitions.—As used in this chapter, the term: 
221         (7) “Child in need of services” means a child for whom 
222  there is no pending investigation into an allegation or 
223  suspicion of abuse, neglect, or abandonment; no pending referral 
224  alleging that the child is delinquent, except if the child is 9 
225  years of age or younger at the time of referral to the 
226  department; or no current supervision by the department or the 
227  Department of Children and Family Services for an adjudication 
228  of dependency or delinquency. The child must also, under this 
229  chapter, be found by the court: 
230         (a) To have persistently run away from the child’s parents 
231  or legal custodians despite reasonable efforts of the child, the 
232  parents or legal custodians, and appropriate agencies to remedy 
233  the conditions contributing to the behavior. Reasonable efforts 
234  shall include voluntary participation by the child’s parents or 
235  legal custodians and the child in family mediation, services, 
236  and treatment offered by the department or the Department of 
237  Children and Family Services; 
238         (b) To be habitually truant from school, while subject to 
239  compulsory school attendance, despite reasonable efforts to 
240  remedy the situation under ss. 1003.26 and 1003.27 and through 
241  voluntary participation by the child’s parents or legal 
242  custodians and by the child in family mediation, services, and 
243  treatment offered by the department of Juvenile Justice or the 
244  Department of Children and Family Services; or 
245         (c) To have persistently disobeyed the reasonable and 
246  lawful demands of the child’s parents or legal custodians, and 
247  to be beyond their control despite efforts by the child’s 
248  parents or legal custodians and appropriate agencies to remedy 
249  the conditions contributing to the behavior. Reasonable efforts 
250  may include such things as good faith participation in family or 
251  individual counseling; or 
252         (d) To be 9 years of age or younger and have been referred 
253  to the department for a delinquent act. 
254         (23) “Family in need of services” means a family that has a 
255  child for whom there is no pending investigation into an 
256  allegation of abuse, neglect, or abandonment or no current 
257  supervision by the department or the Department of Children and 
258  Family Services for an adjudication of dependency or 
259  delinquency. The child must also have been referred to a law 
260  enforcement agency or the department for: 
261         (a) Running away from parents or legal custodians; 
262         (b) Persistently disobeying reasonable and lawful demands 
263  of parents or legal custodians, and being beyond their control; 
264  or 
265         (c) Habitual truancy from school; or 
266         (d) Being 9 years of age or younger and being referred for 
267  a delinquent act. 
268         Section 6. Subsection (1) of section 985.125, Florida 
269  Statutes, is amended to read: 
270         985.125 Prearrest or postarrest diversion programs.— 
271         (1) A law enforcement agency, or school district, county, 
272  municipality, or the department, in cooperation with the state 
273  attorney, is encouraged to may establish a prearrest or 
274  postarrest diversion programs. Youth who are taken into custody 
275  for first-time misdemeanor offenses or offenders who are 9 years 
276  of age or younger should be given an opportunity to participate 
277  in prearrest or postarrest diversion programs program. 
278         Section 7. Paragraph (d) of subsection (1) of section 
279  985.145, Florida Statutes, is amended to read: 
280         985.145 Responsibilities of juvenile probation officer 
281  during intake; screenings and assessments.— 
282         (1) The juvenile probation officer shall serve as the 
283  primary case manager for the purpose of managing, coordinating, 
284  and monitoring the services provided to the child. Each program 
285  administrator within the Department of Children and Family 
286  Services shall cooperate with the primary case manager in 
287  carrying out the duties and responsibilities described in this 
288  section. In addition to duties specified in other sections and 
289  through departmental rules, the assigned juvenile probation 
290  officer shall be responsible for the following: 
291         (d) Completing risk assessment instrument.—The juvenile 
292  probation officer shall ensure that a risk assessment instrument 
293  establishing the child’s eligibility for detention has been 
294  accurately completed and that the appropriate recommendation was 
295  made to the court. If, upon completion of the risk assessment 
296  instrument, the child is ineligible for secure detention based 
297  on the criteria in s. 985.24(2)(e), the juvenile probation 
298  officer shall make a referral to the appropriate shelter for a 
299  child in need of services or family in need of services. 
300         Section 8. Section 985.24, Florida Statutes, is amended to 
301  read: 
302         985.24 Use of detention; prohibitions.— 
303         (1) All determinations and court orders regarding the use 
304  of secure, nonsecure, or home detention must shall be based 
305  primarily upon findings that the child: 
306         (a) Presents a substantial risk of not appearing at a 
307  subsequent hearing; 
308         (b) Presents a substantial risk of inflicting bodily harm 
309  on others as evidenced by recent behavior; 
310         (c) Presents a history of committing a property offense 
311  prior to adjudication, disposition, or placement; 
312         (d) Has committed contempt of court by: 
313         1. Intentionally disrupting the administration of the 
314  court; 
315         2. Intentionally disobeying a court order; or 
316         3. Engaging in a punishable act or speech in the court’s 
317  presence which shows disrespect for the authority and dignity of 
318  the court; or 
319         (e) Requests protection from imminent bodily harm. 
320         (2) A child alleged to have committed a delinquent act or 
321  violation of law may not be placed into secure, nonsecure, or 
322  home detention care for any of the following reasons: 
323         (a) To allow a parent to avoid his or her legal 
324  responsibility. 
325         (b) To permit more convenient administrative access to the 
326  child. 
327         (c) To facilitate further interrogation or investigation. 
328         (d) Due to a lack of more appropriate facilities. 
329         (e) Due to a misdemeanor charge of domestic violence if the 
330  child lives in a family that has a history of family violence, 
331  as defined in s. 741.28, or if the child is a victim of abuse or 
332  neglect, as defined in s. 39.01, and the decision to place the 
333  child in secure detention is mitigated by the history of trauma 
334  faced by the child, unless the child would otherwise be subject 
335  to secure detention based on his or her prior history. 
336         (3) A child alleged to be dependent under chapter 39 may 
337  not, under any circumstances, be placed into secure detention 
338  care. 
339         (4) A child 9 years of age or younger may not be placed 
340  into secure detention care unless the child is charged with a 
341  capital felony, a life felony, or a felony of the first degree. 
342         (5)(4) The department shall continue to identify 
343  alternatives to secure detention care and shall develop such 
344  alternatives and annually submit them to the Legislature for 
345  authorization and appropriation. 
346         Section 9. Paragraph (a) of subsection (2) of section 
347  985.245, Florida Statutes, is amended to read: 
348         985.245 Risk assessment instrument.— 
349         (2)(a) The risk assessment instrument for detention care 
350  placement determinations and court orders shall be developed by 
351  the department in agreement with a statewide committee composed 
352  of representatives appointed by the following associations: the 
353  Conference of Circuit Judges of Florida, the Prosecuting 
354  Attorneys Association, the Public Defenders Association, the 
355  Florida Sheriffs Association, and the Florida Association of 
356  Chiefs of Police. Each association shall appoint two 
357  individuals, one representing an urban area and one representing 
358  a rural area. In addition, the committee shall include two 
359  representatives from child advocacy organizations appointed by 
360  the secretary of the department. The parties involved shall 
361  evaluate and revise the risk assessment instrument as is 
362  considered necessary using the method for revision as agreed by 
363  the parties. 
364         Section 10. Section 985.255, Florida Statutes, is amended 
365  to read: 
366         985.255 Detention criteria; detention hearing.— 
367         (1) Subject to s. 985.25(1), a child taken into custody and 
368  placed into nonsecure or home detention care or detained in 
369  secure detention care before prior to a detention hearing may 
370  continue to be detained by the court if: 
371         (a) The child is alleged to be an escapee from a 
372  residential commitment program; or an absconder from a 
373  nonresidential commitment program, a probation program, or 
374  conditional release supervision; or is alleged to have escaped 
375  while being lawfully transported to or from a residential 
376  commitment program. 
377         (b) The child is wanted in another jurisdiction for an 
378  offense which, if committed by an adult, would be a felony. 
379         (c) The child is charged with a delinquent act or violation 
380  of law and requests in writing through legal counsel to be 
381  detained for protection from an imminent physical threat to his 
382  or her personal safety. 
383         (d) The child is charged with committing a felony an 
384  offense of domestic violence as defined in s. 741.28 and is 
385  detained as provided in subsection (2). 
386         (e) The child is charged with possession or discharging a 
387  firearm on school property in violation of s. 790.115. 
388         (f) The child is charged with a capital felony, a life 
389  felony, a felony of the first degree, a felony of the second 
390  degree that does not involve a violation of chapter 893, or a 
391  felony of the third degree that is also a crime of violence, 
392  including any such offense involving the use or possession of a 
393  firearm. 
394         (g) The child is charged with any second degree or third 
395  degree felony involving a violation of chapter 893 or any third 
396  degree felony that is not also a crime of violence, and the 
397  child: 
398         1. Has a record of failure to appear at court hearings 
399  after being properly notified in accordance with the Rules of 
400  Juvenile Procedure; 
401         2. Has a record of law violations prior to court hearings; 
402         3. Has already been detained or has been released and is 
403  awaiting final disposition of the case; 
404         4. Has a record of violent conduct resulting in physical 
405  injury to others; or 
406         5. Is found to have been in possession of a firearm. 
407         (h) The child is alleged to have violated the conditions of 
408  the child’s probation or conditional release supervision. 
409  However, a child detained under this paragraph may be held only 
410  in a consequence unit as provided in s. 985.439. If a 
411  consequence unit is not available, the child shall be placed on 
412  home detention with electronic monitoring. 
413         (i) The child is detained on a judicial order for failure 
414  to appear and has previously willfully failed to appear, after 
415  proper notice, for an adjudicatory hearing on the same case 
416  regardless of the results of the risk assessment instrument. A 
417  child may be held in secure detention for up to 72 hours in 
418  advance of the next scheduled court hearing pursuant to this 
419  paragraph. The child’s failure to keep the clerk of court and 
420  defense counsel informed of a current and valid mailing address 
421  where the child will receive notice to appear at court 
422  proceedings does not provide an adequate ground for excusal of 
423  the child’s nonappearance at the hearings. 
424         (j) The child is detained on a judicial order for failure 
425  to appear and has previously willfully failed to appear, after 
426  proper notice, at two or more court hearings of any nature on 
427  the same case regardless of the results of the risk assessment 
428  instrument. A child may be held in secure detention for up to 72 
429  hours in advance of the next scheduled court hearing pursuant to 
430  this paragraph. The child’s failure to keep the clerk of court 
431  and defense counsel informed of a current and valid mailing 
432  address where the child will receive notice to appear at court 
433  proceedings does not provide an adequate ground for excusal of 
434  the child’s nonappearance at the hearings. 
435         (2) A child who is charged with committing a felony an 
436  offense of domestic violence as defined in s. 741.28 and who 
437  does not meet detention criteria may be held in secure detention 
438  if the court makes specific written findings that: 
439         (a) Respite care for the child is not available. 
440         (b) It is necessary to place the child in secure detention 
441  in order to protect the victim from injury. 
442 
443  The child may not be held in secure detention under this 
444  subsection for more than 48 hours unless ordered by the court. 
445  After 48 hours, the court shall hold a hearing if the state 
446  attorney or victim requests that secure detention be continued. 
447  The child may continue to be held in detention care if the court 
448  makes a specific, written finding that detention care is 
449  necessary to protect the victim from injury. However, the child 
450  may not be held in detention care beyond the time limits set 
451  forth in this section or s. 985.26. 
452         (3)(a) A child who meets any of the criteria in subsection 
453  (1) and who is ordered to be detained under that subsection 
454  shall be given a hearing within 24 hours after being taken into 
455  custody. The purpose of the detention hearing is to determine 
456  the existence of probable cause that the child has committed the 
457  delinquent act or violation of law that he or she is charged 
458  with and the need for continued detention. Unless a child is 
459  detained under paragraph (1)(d) or paragraph (1)(e), the court 
460  shall use the results of the risk assessment performed by the 
461  juvenile probation officer and, based on the criteria in 
462  subsection (1), shall determine the need for continued 
463  detention. A child placed into secure, nonsecure, or home 
464  detention care may continue to be so detained by the court. 
465         (b) If the court orders a placement more restrictive than 
466  indicated by the results of the risk assessment instrument, the 
467  court shall state, in writing, clear and convincing reasons for 
468  such placement. 
469         (c) Except as provided in s. 790.22(8) or in s. 985.27, 
470  when a child is placed into secure or nonsecure detention care, 
471  or into a respite home or other placement pursuant to a court 
472  order following a hearing, the court order must include specific 
473  instructions that direct the release of the child from such 
474  placement no later than 5 p.m. on the last day of the detention 
475  period specified in s. 985.26 or s. 985.27, whichever is 
476  applicable, unless the requirements of such applicable provision 
477  have been met or an order of continuance has been granted under 
478  s. 985.26(4). 
479         Section 11. Paragraph (e) is added to subsection (1) of 
480  section 985.441, Florida Statutes, to read: 
481         985.441 Commitment.— 
482         (1) The court that has jurisdiction of an adjudicated 
483  delinquent child may, by an order stating the facts upon which a 
484  determination of a sanction and rehabilitative program was made 
485  at the disposition hearing: 
486         (e) Commit the child to the department for placement in a 
487  mother-infant program designed to serve the needs of juvenile 
488  mothers or expectant juvenile mothers who are committed as 
489  delinquents. The department’s mother-infant program must be 
490  licensed as a child care facility in accordance with s. 402.308, 
491  and must provide the services and support necessary to enable 
492  the committed juvenile mothers to provide for the needs of their 
493  infants who, upon agreement of the mother, may accompany them in 
494  the program. The department shall adopt rules pursuant to ss. 
495  120.536(1) and 120.54 to govern the operation of such programs. 
496         Section 12. Subsection (1) of section 985.45, Florida 
497  Statutes, is amended to read: 
498         985.45 Liability and remuneration for work.— 
499         (1) Whenever a child is required by the court to 
500  participate in any work program under this part or whenever a 
501  child volunteers to work in a specified state, county, 
502  municipal, or community service organization supervised work 
503  program or to work for the victim, either as an alternative to 
504  monetary restitution or as a part of the rehabilitative or 
505  probation program, the child is an employee of the state for the 
506  purposes of chapter 440 liability. 
507         Section 13. Section 985.632, Florida Statutes, is amended 
508  to read: 
509         985.632 Program review and reporting requirements Quality 
510  assurance and cost-effectiveness.— 
511         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 
512  that the department: 
513         (a) Ensure that information be provided to decisionmakers 
514  in a timely manner so that resources are allocated to programs 
515  that of the department which achieve desired performance levels. 
516         (b) Collect and analyze available statistical data for the 
517  purpose of ongoing evaluation of all programs. 
518         (c)(b) Provide information about the cost of such programs 
519  and their differential effectiveness so that program the quality 
520  may of such programs can be compared and improvements made 
521  continually. 
522         (d)(c) Provide information to aid in developing related 
523  policy issues and concerns. 
524         (e)(d) Provide information to the public about the 
525  effectiveness of such programs in meeting established goals and 
526  objectives. 
527         (f)(e) Provide a basis for a system of accountability so 
528  that each youth client is afforded the best programs to meet his 
529  or her needs. 
530         (g)(f) Improve service delivery to youth clients. 
531         (h)(g) Modify or eliminate activities that are not 
532  effective. 
533         (2) DEFINITIONS.—As used in this section, the term: 
534         (a) “Youth” “Client” means any person who is being provided 
535  treatment or services by the department or by a provider under 
536  contract with the department. 
537         (b) “Program” means any facility, service, or program for 
538  youth which is operated by the department or by a provider under 
539  contract with the department. 
540         (c)(b) “Program component” means an aggregation of 
541  generally related objectives which, because of their special 
542  character, related workload, and interrelated output, can 
543  logically be considered an entity for purposes of organization, 
544  management, accounting, reporting, and budgeting. 
545         (c) “Program effectiveness” means the ability of the 
546  program to achieve desired client outcomes, goals, and 
547  objectives. 
548         (d) “Program group” means a collection of programs having 
549  sufficient similarity of functions, services, and population to 
550  permit appropriate comparisons between programs within the 
551  group. 
552         (3) COMPREHENSIVE ACCOUNTABILITY REPORT.—The department 
553  shall use a standard methodology for annually measuring, 
554  evaluating, and reporting program outputs and youth outcomes for 
555  each program and program group. The department shall submit a 
556  report to the appropriate committees of the Legislature and the 
557  Governor by January 15 of each year. The department shall notify 
558  the Office of Program Policy Analysis and Government 
559  Accountability and each contract service provider of substantive 
560  changes to the methodology. The standard methodology must: 
561         (a) Define common terminology and operational definitions 
562  and methods by which to measure the performance of program 
563  outputs and outcomes. 
564         (b) Specify program outputs for each program and for each 
565  program group within the juvenile justice continuum. 
566         (c) Report cost data for each program operated or 
567  contracted by the department for the fiscal year corresponding 
568  to the program outputs and outcomes being reported. The 
569  department shall annually collect and report cost data for every 
570  program operated or contracted by the department. The cost data 
571  shall conform to a format approved by the department and the 
572  Legislature. Uniform cost data shall be reported and collected 
573  for state-operated and contracted programs so that comparisons 
574  can be made among programs. The department shall ensure that 
575  there is accurate cost accounting for state-operated services 
576  including market-equivalent rent and other shared cost. The cost 
577  of the educational program provided to a residential facility 
578  shall be reported and included in the cost of a program. The 
579  department shall submit an annual cost report to the President 
580  of the Senate, the Speaker of the House of Representatives, the 
581  Minority Leader of each house of the Legislature, the 
582  appropriate substantive and fiscal committees of each house of 
583  the Legislature, and the Governor, no later than December 1 of 
584  each year. Cost-benefit analysis for educational programs will 
585  be developed and implemented in collaboration with and in 
586  cooperation with the Department of Education, local providers, 
587  and local school districts. Cost data for the report shall 
588  include data collected by the Department of Education for the 
589  purposes of preparing the annual report required by s. 
590  1003.52(19). 
591         (4)(a) PROGRAM ACCOUNTABILITY MEASURES.—The department of 
592  Juvenile Justice, in consultation with the Office of Economic 
593  and Demographic Research, and contract service providers, shall 
594  develop a cost-effectiveness model and apply the program 
595  accountability measures analysis model to each commitment 
596  program and include the results in the comprehensive 
597  accountability report. Program recidivism rates shall be a 
598  component of the model. 
599         (a) The program accountability measures analysis cost 
600  effectiveness model shall compare program costs to expected and 
601  actual youth recidivism rates client outcomes and program 
602  outputs. It is the intent of the Legislature that continual 
603  development efforts take place to improve the validity and 
604  reliability of the cost-effectiveness model and to integrate the 
605  standard methodology developed under s. 985.401(4) for 
606  interpreting program outcome evaluations. 
607         (b) The department shall rank commitment programs based on 
608  the cost-effectiveness model and shall submit a report to the 
609  appropriate substantive and fiscal committees of each house of 
610  the Legislature by December 31 of each year. 
611         (b)(c) Based on reports of the department on client 
612  outcomes and program outputs and on the department’s most recent 
613  program accountability measures analysis cost-effectiveness 
614  rankings, the department may terminate its contract with or 
615  discontinue a commitment program operated by the department or a 
616  provider if the program has failed to achieve a minimum 
617  threshold of recidivism and cost-effectiveness program 
618  effectiveness. This paragraph does not preclude the department 
619  from terminating a contract as provided under this section or as 
620  otherwise provided by law or contract, and does not limit the 
621  department’s authority to enter into or terminate a contract. 
622         (c)(d) The department shall notify the Office of Program 
623  Policy Analysis and Government Accountability and each contract 
624  service provider of substantive changes to the program 
625  accountability measures analysis. In collaboration with the 
626  Office of Economic and Demographic Research, and contract 
627  service providers, the department shall develop a work plan to 
628  refine the cost-effectiveness model so that the model is 
629  consistent with the performance-based program budgeting measures 
630  approved by the Legislature to the extent the department deems 
631  appropriate. The department shall notify the Office of Program 
632  Policy Analysis and Government Accountability of any meetings to 
633  refine the model. 
634         (d)(e) Contingent upon specific appropriation, the 
635  department, in consultation with the Office of Economic and 
636  Demographic Research, and contract service providers, shall: 
637         1. Construct a profile of each commitment program that uses 
638  the results of the quality assurance report required by this 
639  section, the cost-effectiveness report required in this 
640  subsection, and other reports available to the department. 
641         2. Target, for a more comprehensive evaluation, any 
642  commitment program that has achieved consistently high, low, or 
643  disparate ratings in the reports required under subparagraph 1. 
644         3. Identify the essential factors that contribute to the 
645  high, low, or disparate program ratings. 
646         4. Use the results of these evaluations in developing or 
647  refining juvenile justice programs or program models, youth 
648  client outcomes and program outputs, provider contracts, quality 
649  assurance standards, and the cost-effectiveness model. 
650         (5) QUALITY ASSURANCE.—The department shall: 
651         (a) Establish a comprehensive quality assurance system for 
652  each program operated by the department or operated by a 
653  provider under contract with the department. Each contract 
654  entered into by the department must provide for quality 
655  assurance and include the results in the comprehensive 
656  accountability report. 
657         (b) Provide operational definitions of and criteria for 
658  quality assurance for each specific program component. 
659         (c) Establish quality assurance goals and objectives for 
660  each specific program component. 
661         (d) Establish the information and specific data elements 
662  required for the quality assurance program. 
663         (e) Develop a quality assurance manual of specific, 
664  standardized terminology and procedures to be followed by each 
665  program. 
666         (f) Evaluate each program operated by the department or a 
667  provider under a contract with the department and establish 
668  minimum thresholds for each program component. If a provider 
669  fails to meet the established minimum thresholds, such failure 
670  shall cause the department to cancel the provider’s contract 
671  unless the provider achieves compliance with minimum thresholds 
672  within 6 months or unless there are documented extenuating 
673  circumstances. In addition, the department may not contract with 
674  the same provider for the canceled service for a period of 12 
675  months. If a department-operated program fails to meet the 
676  established minimum thresholds, the department must take 
677  necessary and sufficient steps to ensure and document program 
678  changes to achieve compliance with the established minimum 
679  thresholds. If the department-operated program fails to achieve 
680  compliance with the established minimum thresholds within 6 
681  months and if there are no documented extenuating circumstances, 
682  the department must notify the Executive Office of the Governor 
683  and the Legislature of the corrective action taken. Appropriate 
684  corrective action may include, but is not limited to: 
685         1. Contracting out for the services provided in the 
686  program; 
687         2. Initiating appropriate disciplinary action against all 
688  employees whose conduct or performance is deemed to have 
689  materially contributed to the program’s failure to meet 
690  established minimum thresholds; 
691         3. Redesigning the program; or 
692         4. Realigning the program. 
693 
694  The department shall submit an annual report to the President of 
695  the Senate, the Speaker of the House of Representatives, the 
696  Minority Leader of each house of the Legislature, the 
697  appropriate substantive and fiscal committees of each house of 
698  the Legislature, and the Governor, no later than February 1 of 
699  each year. The annual report must contain, at a minimum, for 
700  each specific program component: a comprehensive description of 
701  the population served by the program; a specific description of 
702  the services provided by the program; cost; a comparison of 
703  expenditures to federal and state funding; immediate and long 
704  range concerns; and recommendations to maintain, expand, 
705  improve, modify, or eliminate each program component so that 
706  changes in services lead to enhancement in program quality. The 
707  department shall ensure the reliability and validity of the 
708  information contained in the report. 
709         (6) The department shall collect and analyze available 
710  statistical data for the purpose of ongoing evaluation of all 
711  programs. The department shall provide the Legislature with 
712  necessary information and reports to enable the Legislature to 
713  make informed decisions regarding the effectiveness of, and any 
714  needed changes in, services, programs, policies, and laws. 
715         (7) No later than November 1, 2001, the department shall 
716  submit a proposal to the Legislature concerning funding 
717  incentives and disincentives for the department and for 
718  providers under contract with the department. The 
719  recommendations for funding incentives and disincentives shall 
720  be based upon both quality assurance performance and cost 
721  effectiveness performance. The proposal should strive to achieve 
722  consistency in incentives and disincentives for both department 
723  operated and contractor-provided programs. The department may 
724  include recommendations for the use of liquidated damages in the 
725  proposal; however, the department is not presently authorized to 
726  contract for liquidated damages in non-hardware-secure 
727  facilities until January 1, 2002. 
728         Section 14. Subsection (8) of section 985.664, Florida 
729  Statutes, is amended to read: 
730         985.664 Juvenile justice circuit boards and juvenile 
731  justice county councils.— 
732         (8) At any time after the adoption of initial bylaws 
733  pursuant to subsection (12), a juvenile justice circuit board 
734  may revise the bylaws to increase the number of members by not 
735  more than five three in order to adequately reflect the 
736  diversity of the population and community organizations or 
737  agencies in the circuit. 
738         Section 15. For the purpose of incorporating the amendment 
739  made by this act to section 984.03, Florida Statutes, in a 
740  reference thereto, paragraph (d) of subsection (1) of section 
741  419.001, Florida Statutes, is reenacted to read: 
742         419.001 Site selection of community residential homes.— 
743         (1) For the purposes of this section, the following 
744  definitions shall apply: 
745         (d) “Resident” means any of the following: a frail elder as 
746  defined in s. 429.65; a physically disabled or handicapped 
747  person as defined in s. 760.22(7)(a); a developmentally disabled 
748  person as defined in s. 393.063; a nondangerous mentally ill 
749  person as defined in s. 394.455(18); or a child who is found to 
750  be dependent as defined in s. 39.01 or s. 984.03, or a child in 
751  need of services as defined in s. 984.03 or s. 985.03. 
752         Section 16. For the purpose of incorporating the amendment 
753  made by this act to section 984.03, Florida Statutes, in a 
754  reference thereto, subsection (5) of section 984.04, Florida 
755  Statutes, is reenacted to read: 
756         984.04 Families in need of services and children in need of 
757  services; procedures and jurisdiction.— 
758         (5) The circuit court shall have exclusive original 
759  jurisdiction of proceedings in which a child is alleged to be a 
760  child in need of services. When the jurisdiction of any child 
761  who has been found to be a child in need of services or the 
762  parent, custodian, or legal guardian of such a child is 
763  obtained, the court shall retain jurisdiction, unless 
764  relinquished by its order or unless the department withdraws its 
765  petition because the child no longer meets the definition of a 
766  child in need of services as defined in s. 984.03, until the 
767  child reaches 18 years of age. This subsection shall not be 
768  construed to prevent the exercise of jurisdiction by any other 
769  court having jurisdiction of the child if the child commits a 
770  violation of law, is the subject of the dependency provisions 
771  under this chapter, or is the subject of a pending investigation 
772  into an allegation or suspicion of abuse, neglect, or 
773  abandonment. 
774         Section 17. For the purpose of incorporating the amendment 
775  made by this act to section 984.03, Florida Statutes, in 
776  references thereto, paragraph (c) of subsection (2) and 
777  paragraph (c) of subsection (3) of section 984.15, Florida 
778  Statutes, are reenacted to read: 
779         984.15 Petition for a child in need of services.— 
780         (2) 
781         (c) The petition shall be in writing, shall state the 
782  specific grounds under s. 984.03(9) by which the child is 
783  designated a child in need of services, and shall certify that 
784  the conditions prescribed in paragraph (a) have been met. The 
785  petition shall be signed by the petitioner under oath stating 
786  good faith in filing the petition and shall be signed by an 
787  attorney for the department. 
788         (3) 
789         (c) The petition must be in writing and must set forth 
790  specific facts alleging that the child is a child in need of 
791  services as defined in s. 984.03(9). The petition must also 
792  demonstrate that the parent, guardian, or legal custodian has in 
793  good faith, but unsuccessfully, participated in the services and 
794  processes described in ss. 984.11 and 984.12. 
795         Section 18. For the purpose of incorporating the amendment 
796  made by this act to section 984.14, Florida Statutes, in a 
797  reference thereto, subsection (3) of section 984.13, Florida 
798  Statutes, is reenacted to read: 
799         984.13 Taking into custody a child alleged to be from a 
800  family in need of services or to be a child in need of 
801  services.— 
802         (3) If the child is taken into custody by, or is delivered 
803  to, the department, the appropriate representative of the 
804  department shall review the facts and make such further inquiry 
805  as necessary to determine whether the child shall remain in 
806  custody or be released. Unless shelter is required as provided 
807  in s. 984.14(1), the department shall: 
808         (a) Release the child to his or her parent, guardian, or 
809  legal custodian, to a responsible adult relative, to a 
810  responsible adult approved by the department, or to a 
811  department-approved family-in-need-of-services and child-in 
812  need-of-services provider; or 
813         (b) Authorize temporary services and treatment that would 
814  allow the child alleged to be from a family in need of services 
815  to remain at home. 
816         Section 19. For the purpose of incorporating the amendment 
817  made by this act to section 985.03, Florida Statutes, in a 
818  reference thereto, paragraph (d) of subsection (1) of section 
819  419.001, Florida Statutes, is reenacted to read: 
820         419.001 Site selection of community residential homes.— 
821         (1) For the purposes of this section, the following 
822  definitions shall apply: 
823         (d) “Resident” means any of the following: a frail elder as 
824  defined in s. 429.65; a physically disabled or handicapped 
825  person as defined in s. 760.22(7)(a); a developmentally disabled 
826  person as defined in s. 393.063; a nondangerous mentally ill 
827  person as defined in s. 394.455(18); or a child who is found to 
828  be dependent as defined in s. 39.01 or s. 984.03, or a child in 
829  need of services as defined in s. 984.03 or s. 985.03. 
830         Section 20. This act shall take effect July 1, 2010.