HB 1405 — Juvenile Justice

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Section 4.

(1) "Abandoned" or "abandonment" have the same meaning as in s.

Page 18 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Corporal discipline of a child by a parent or guardian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child as defined in s.

(7) "Caretaker/homemaker" means an authorized agent of the Department of Children and Families who shall remain in the child's home with the child until a parent, legal guardian, or relative of the child enters the home and is capable of assuming Page 19 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 and agrees to assume charge of the child.

or no current court ordered supervision by the department for delinquency under chapter 985 of Juvenile Justice or court-ordered supervision by the Department of Children and Families under chapter 39 for an adjudication of dependency under chapter 39 or delinquency.

Reasonable efforts shall include voluntary participation by the child's parents,parents or legal guardians,guardian, or custodians and the child in family mediation, voluntary services, and treatment offered by the Department or Page 20 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 voluntary services, and treatment offered by the department or through its authorized agent of Juvenile Justice or the Department of Children and Families;

(11) "Child who has been found to have committed a Page 21 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (11) "Child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of chapter 985, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition shall not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding pursuant to this chapter.

(d) To have been voluntarily placed with a licensed child- placing agency for the purposes of subsequent adoption and a natural parent or parents signed a consent pursuant to the Page 22 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 natural parent or parents signed a consent pursuant to the Florida Rules of Juvenile Procedure.

(10) "Custodian""Custodian," means any adult person who is exercising actual physical custody of the child andwho is providing food, clothing, and care for the child in the absence of a parent or legal guardian.

(16) "Delinquency program" means any intake, community Pagecontrol, 23or ofsimilar 137program; CODING:

regional detention center or Page 23 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 control,facility; or similar program;

regional detention center or facility;

(c) "Home detention" means temporary custody of the child while the child is released to the custody of the parent, guardian, or custodian in a physically nonrestrictive Page 24 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 guardian, or custodian in a physically nonrestrictive environment under the supervision of the Department of Juvenile Justice staff pending adjudication, disposition, or placement.

A diligent search shall include interviews with persons who are likely to Page 25 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 search shall include interviews with persons who are likely to have information about the identity or location of the person being sought, comprehensive database searches, and records searches, including searches of employment, residence, utilities, Armed Forces, vehicle registration, child support enforcement, law enforcement, and corrections records, and any other records likely to result in identifying and locating the person being sought.

1003.26 to identify a pattern of nonattendance by a student subject to compulsory school attendance at the earliest opportunity to address the reasons for the student's nonattendance, and includes services provided by the school or school district, or the department or Pageits 26authorized ofagent 137pursuant CODING:to s.

984.11, and may include judicial Page 26 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 itsaction authorized agent pursuant to s.

984.11, and may include judicial action pursuant to s.

A family is not eligible to receive voluntary family services if, at the time of the referral, there is an open investigation into an allegation of abuse, neglect, or abandonment or if the child is currently under court-ordered supervision by the department for delinquency under chapter 985 of Juvenile Justice or the Page 27 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 delinquencyDepartment underof chapterChildren 985and orFamilies underdue court-orderedto supervisiona byfinding of Juveniledependency Justice or the Department of Children and Families under chapter 39 due to an adjudication of dependency or delinquency.

(16)(27) "Habitual Habitually truant" has the same meaning as provided in s.

If a child within the compulsory school attendance age has 15 unexcused absences within 90 calendar days Page 28 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 attendance age has 15 unexcused absences within 90 calendar days or fails to enroll in school, the State Attorney may, or the appropriate jurisdictional agency shall, file a child-in-need- of-services petition if recommended by the case staffing committee, unless it is determined that another alternative action is preferable.

(17)(28) "Intake" means the initial acceptance and screening by the department or its authorized agent of a referral from an early truancy intervention court, a school board, or a school requesting services;

or a complaint, of Juvenile Justice of a complaint or a law enforcement report, or probable cause affidavit of a child's truancy, ungovernable behavior, or running away, on behalf of a family delinquency, family in need of services, or child in need of services to determine the most appropriate course of action recommendation to be taken in the Pagebest 29interests of 137the CODING:child, the family, and the community.

The Page 29 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 bestemphasis interests of theintake child,is theon family,diversion and the community.least restrictive available services.

The emphasis of intake is on diversion and the least restrictive available services.

community services Pageprograms; 30 of 137 CODING:

community service work programs;

and alternative Page 30 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 programs;dispute resolution programs serving children at risk of delinquency and their families, whether offered or delivered by state or local governmental entities, public or private for- profit or not-for-profit organizations, or religious or charitable organizations.

community service work programs;

and alternative dispute resolution programs serving children at risk of delinquency and their families, whether offered or delivered by state or local governmental entities, public or private for- profit or not-for-profit organizations, or religious or charitable organizations.

(20)(33) "Licensed child-caring agency" means ana person, society, association, or agency licensed by the Department of Children and Families pursuant to s.care for, receive, and board children, and includes shelters under this chapter.

409.175(21)(34) "Licensed health care professional" means a person,physician society,licensed association,under orchapter agency458, an osteopathic physician licensed byunder thechapter Department459, a nurse licensed under part I of Childrenchapter and464, Familiesa tophysician careassistant for,licensed receive,under andchapter board458 children.or chapter 459, or a dentist licensed under chapter 466.

(21)(34) "Licensed health care professional" means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of Page 31 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 chapter(35) 464,"Mediation" means a physicianprocess assistantwhereby licenseda underneutral chapterthird 458person orcalled chaptera 459,mediator oracts to encourage and facilitate the resolution of a dentistdispute licensedbetween undertwo chapteror 466.more parties.

(35) "Mediation" means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties.

(23)(23)(37) "Needs"Neglect" assessment"has means the gatheringsame ofmeaning information for the evaluation of a child's physical, psychological, educational, vocational, and social condition and family environment related to the child's need for services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, individual and family counseling, education services, and other specialized services, as appropriate.in s.

(24)(37)39.01(53). "Neglect" has the same meaning as in s.

Pageoccurs 32when the parent or legal custodian of 137a CODING:child or, in the absence of a parent or legal custodian, the person primarily responsible for the child's welfare deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.

The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual Page 32 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 39.01(53).services for relief have been offered to and rejected by such person.

occurs when the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the person primarily responsible for the child's welfare deprives a child of, or allows a child to be deprived of, necessary food, clothing, shelter, or medical treatment or permits a child to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired.

The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person.

or (b) Treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious Pageorganization. 33 of 137 CODING:

(24) "Needs assessment" means the gathering of information for the evaluation of a child's physical, psychological, educational, vocational, and social condition and family environment related to the child's need for services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, individual and family counseling, education services, and other specialized services, as appropriate.

(38) "Next of kin" means an adult relative of a child who Page 33 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 organization.is the child's brother, sister, grandparent, aunt, uncle, or first cousin.

(38) "Next of kin" means an adult relative of a child who is the child's brother, sister, grandparent, aunt, uncle, or first cousin.

The presence of the child may be excused by order of the court when presence would not be in the child's best interest or the Page 34 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 The presence of the child may be excused by order of the court when presence would not be in the child's best interest or the child has failed to appear for a proceeding after having been noticed.

A physically secure shelter must be licensed by the Department of Children and Families as a licensed child-caring agency.

(29)(43) "Preventive services" means social services and other supportive and evaluation and intervention rehabilitative services provided to the child or the parent, of the child, the legal guardian of the child, or the custodian of the child and to the child for the purpose of averting the removal of the child from the home or disruption of a family which will or could result in an adjudication that orders the placement of a Page 35 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 legal guardian of the child, or the custodian of the child and to the child for the purpose of averting the removal of the child from the home or disruption of a family which will or could result in an adjudication that orders the placement of a child under dependency supervision into foster care or into the delinquency system or that will or could result in the child living on the street.

The term does not Pageinclude 36a ofstepparent. 137 CODING:

(31)(46) "Reunification services" means social services and other supportive and rehabilitative services provided to the child and the parent of the child, the legal guardian of the Page 36 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 includechild, aor stepparent.the custodian of the child, whichever is applicable,;

(31)(46) "Reunification services" means social services and other supportive and rehabilitative services provided to the child and the parent of the child, the legal guardian of the child, or the custodian of the child, whichever is applicable,;

(33)(48) "Shelter" means a department-approved shelter facility for the temporary care of runaway children;

Shelters must provide 24-hour continual supervision.supervision a place for the temporary care of a child who is alleged to be or who has been found to be dependent, a child from a family in need of services, or a child in need of services, pending court disposition before or after adjudication or after execution of a Page 37 of 138 CODING:

A shelter Page 37 of 137 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 must be licensed by the Department of Children and Families as a licensed child-caring agency a place for the temporary care of a child who is alleged to be or who has been found to be dependent, a child from a family in need of services, or a child in need of services, pending court disposition before or after adjudication or after execution of a court order.

"Shelter" may include a facility which provides 24-hour24- hour continual supervision for the temporary care of a child who is placed pursuant to s.

(35)(52) "Taken into custody" means the status of a child Pageimmediately 38when oftemporary 137physical CODING:control over the child is attained by a person authorized by law, pending the child's release, shelter detention, placement, or other disposition as authorized by law.

(36)(53) "Temporary legal custody" means the relationship that a juvenile court creates between a child and an adult Page 38 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 immediatelyrelative whenof temporary physical control over the childchild, isadult attainednonrelative byapproved a person authorized by law, pending the child'scourt, release,or shelterother detention,person placement,until ora othermore dispositionpermanent asarrangement authorizedis byordered. law.

(36)(53) "Temporary legal custody" means the relationship that a juvenile court creates between a child and an adult relative of the child, adult nonrelative approved by the court, or other person until a more permanent arrangement is ordered.

Page(38) 39"Truant status offender" means a child subject to the jurisdiction of 137the CODING:court under s.

984.151, who has been found by the court to be truant while subject to compulsory education.

The court's jurisdiction is limited to entering orders to require the child to attend school and participate in services to encourage regular school attendance.

A truant status offender Page 39 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (38)is "Truantnot statusa offender"delinquent meanschild aand childshall subjectnot be deemed to thehave jurisdictioncommitted ofa thecriminal courtor underdelinquent s.act solely due to failure to attend school.

984.151 who has been found by the court to be truant while subject to compulsory education.

The court's jurisdiction is limited to entering orders to require the child to attend school and participate in services to encourage regular school attendance.

A truant status offender is not a delinquent child and may not be deemed to have committed a criminal or delinquent act solely due to failure to attend school.

The child must be referred to the Department of Juvenile Justice or an agency designated by the department to provide voluntary Pageservices 40to offamilies 137and CODING:children.

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words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 services to families and children.

procedures and jurisdiction.— (1)Page It40 is the intent of the138 LegislatureCODING: to address the problems of families in need of services by providing them with an array of services designed to preserve the unity and integrity of the family and to emphasize parental responsibility for the behavior of their children.

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words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 (1) It is the intent of the Legislature to address the problems of families in need of services by providing them with an array of services designed to preserve the unity and integrity of the family and to emphasize parental responsibility for the behavior of their children.

In achieving this recognition, it shall be the policy of the state to develop Pageshort-term, 41temporary services and programs utilizing the least restrictive method for families in need of 137services CODING:and children in need of services.

(1)(2) The department of Juvenile Justice shall be responsible for all nonjudicial proceedings involving voluntary a family in need of services for a family identified as a family Page 41 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 short-term, temporary services and programs utilizing the least restrictive method for families in need of services and children in need of services.

(1)(2) The department of Juvenile Justice shall be responsible for all nonjudicial proceedings involving voluntary a family in need of services for a family identified as a family in need of services.

When the jurisdiction of any child who has been found to be a child in need of services or the Pageparent, 42custodian, or legal guardian of 137such CODING:a child is obtained, the court shall retain jurisdiction, unless relinquished by its order or unless the department withdraws its petition because the child no longer meets the definition of a child in need of services as defined in s.

984.03, until the child reaches 18 years of age.

This subsection does shall not be Page 42 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 parent,construed custodian,to orprevent legalthe guardianexercise of suchjurisdiction aby childany isother obtained,court thehaving courtjurisdiction shallof retainthe jurisdiction,child unlessif relinquishedthe bychild itscommits ordera orviolation unlessof law, is the departmentsubject withdrawsof itsthe petitiondependency becauseprovisions theunder childthis nochapter, longeror meetsis the definitionsubject of a childpending ininvestigation needinto ofan servicesallegation asor definedsuspicion inof s.abuse, neglect, or abandonment.

984.03, until the child reaches 18 years of age.

This subsection does shall not be construed to prevent the exercise of jurisdiction by any other court having jurisdiction of the child if the child commits a violation of law, is the subject of the dependency provisions under this chapter, or is the subject of a pending investigation into an allegation or suspicion of abuse, neglect, or abandonment.

PageSection 436. of 137 CODING:

Subsections (2) and (4) of section 984.06, Florida Statutes, are amended to read:

984.06 Oaths, records, and confidential information.— (2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a child in need of services until 10 Page 43 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Sectionyears 6.after the last entry was made or until the child is 18 years of age, whichever date is first reached, and may then destroy them.

Subsections (2) and (4) of section 984.06, Florida Statutes, are amended to read:

984.06 Oaths, records, and confidential information.— (2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records pertaining to a child in need of services until 10 years after the last entry was made or until the child is 18 years of age, whichever date is first reached, and may then destroy them.

Page984.07 44Right ofto 137counsel; CODING:

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hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 984.07 Right to counsel;

The court must appoint counsel unlessPage the44 child is not indigent and has counsel present to represent the child or the record in that proceeding affirmatively demonstrates by clear and convincing evidence that the child knowingly and intelligently waived the right to counsel after being fully advised by the court of the138 natureCODING: of the proceedings and the dispositional alternatives available to the court.

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hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 unless the child is not indigent and has counsel present to represent the child or the record in that proceeding affirmatively demonstrates by clear and convincing evidence that the child knowingly and intelligently waived the right to counsel after being fully advised by the court of the nature of the proceedings and the dispositional alternatives available to the court.

(3) If the court appoints counsel for a child, and if the child and his or her parents or legal guardians are indigent and unable to employ counsel, the court mustshall appoint an attorney to represent the child under s.

Legal counsel representing a child who exercises the right to counsel may provide advice and counsel to the child at any time Pageafter 45appointment. of 137 CODING:

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hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 after appointment.

Thereafter, the court may not appointPage counsel45 forof an138 indigentCODING: child with nonindigent parents or legal guardians but shall order the parents or legal guardians to obtain private counsel.

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words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel.

27.511 and 57.082 if the parents or legal guardiansguardian have willfully refused to obey the court order to obtain counsel for the child and have been punished by civil contempt.

(5) If the court makes a finding that nonindigent parents have made a good faith effort to participate in services and remediate the child's behavior, but despite their good faith efforts, the child's truancy, ungovernable behavior,behavior or runaway behavior has persisted, the court may appoint counsel to represent the child as provided in s.s 27.511.

27.511.(6) If counsel is entitled to receive compensation for representation pursuant to court appointment in a child in need of services proceeding, such compensation shall not exceed $1,000 at the trial level and $2,500 at the appellate level.

(6)(7) IfThis counselsection isdoes entitlednot topreclude receivethe compensationcourt forfrom Pagerequesting 46reimbursement of 137attorney CODING:fees and costs from the nonindigent parent or legal guardian.

Page 46 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 representation(8) pursuantThe to court appointmentmay inappoint aan childattorney into needrepresent ofa servicesparent proceeding,or suchlegal compensationguardian mayunder notthis exceedchapter $1,000only atupon a finding that the trialparent levelor andlegal $2,500guardian atis theindigent appellatepursuant level.to s.

(7) This section does not preclude the court from requesting reimbursement of attorney fees and costs from the nonindigent parent or legal guardian.

(8) The court may appoint an attorney to represent a parent or legal guardian under this chapter only upon a finding that the parent or legal guardian is indigent pursuant to s.

984.071 Resources and information.— (1) The department of Juvenile Justice, in collaboration with the Department of Children and Families and the Department of Education, shall develop and publish an information guide packet that explains the current process under this chapter for obtaining assistance for a child in need of services or a family in need of services and the community services and resources Pageavailable 47to parents of 137troubled CODING:or runaway children.

The information guide shall be published in a written format for distribution and shall also be published on the department's website.

In preparing the information packet, the Department of Juvenile Justice shall work with school district superintendents, juvenile court judges, county sheriffs, and Page 47 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 availableother local law enforcement officials in order to parents.ensure that the information packet lists services and resources that are currently available within the county in which the packet is distributed.

The information guide shall be published in a written format for distribution and shall also be published on the department's website of troubled or runaway children.

In preparing the information packet, the Department of Juvenile Justice shall work with school district superintendents, juvenile court judges, county sheriffs, and other local law enforcement officials in order to ensure that the information packet lists services and resources that are currently available within the county in which the packet is distributed.

Any law enforcement officer who has contact with the parent of a child who is locked out of the home, who is ungovernable, or who runs away from home shall make the information guide available to the parent.

Section 984.0861, Florida Statutes, is created Pageto 48read: of 137 CODING:

984.0861 Prohibited use of detention.—A child under the jurisdiction of the court solely pursuant to this chapter may not be placed in:

(1) Any form of detention care intended for the use of Page 48 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 toalleged read:juvenile delinquents as authorized under chapter 985 for any purpose.

984.0861 Prohibited use of detention.—A child under the jurisdiction of the court solely pursuant to this chapter may not be placed in:

(1) Any form of detention care intended for the use of alleged juvenile delinquents as authorized under chapter 985 for any purpose.

It is the intent of the Legislature that the court restrict and limit the use of contempt powers and prohibit the use of detention care and secure detention facilities as provided in s.

A child who commits direct contempt of court or indirect contempt of a valid court order may be taken into custody and ordered to serve Pagean 49alternative sanction or placed in a shelter secure facility, as authorized in this section, by order of 137the CODING:court.

(2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child adjudicated as a child in need of services may only be placed in a shelter secure facility for purposes of punishment for Page 49 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 ancontempt of court if alternative sanctionsanctions are unavailable or placedinappropriate, inor aif shelterthe securechild facility,has asalready authorizedbeen inordered thisto section,serve byan orderalternative ofsanction but failed to comply with the court.sanction.

(2) PLACEMENT IN A SHELTER SECURE FACILITY.—A child adjudicated as a child in need of services may only be placed in a shelter secure facility for purposes of punishment for contempt of court if alternative sanctions are unavailable or inappropriate, or if the child has already been ordered to serve an alternative sanction but failed to comply with the sanction.

In addition to disposition under this paragraph, a child in need of services who is held in direct contempt or indirect contempt may be placed in a physically secure shelter setting as provided Pageunder 50s. of 137 CODING:

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hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 under s.

984.151 who has been held in direct contempt or indirect contempt may only be placed, for 5 days for a first offense or 15 days for a second or subsequent offense,offense in a shelter operated by or contractedPage with50 theof department138 forCODING: such services if a shelter bed is available.

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words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 contracted with the department for such services if a shelter bed is available.

Upon determining that a child has committed direct contempt of court or indirect contempt of a valid court order, the court may immediately request the circuit alternative sanctions coordinator to recommend the most appropriate available alternative sanction and shall order the child to perform up to Page50 51hours of 137community-service CODING:manual labor or a similar alternative sanction, unless an alternative sanction is unavailable or inappropriate, or unless the child has failed to comply with a prior alternative sanction.

Alternative contempt sanctions may be provided by local industry or by any nonprofit Page 51 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 50organization hoursor ofany community-servicepublic manualor laborprivate business or service entity that has entered into a similarcontract alternativewith sanction,the unlessdepartment of Juvenile Justice to act as an alternativeagent sanctionof isthe unavailablestate orto inappropriate,provide orvoluntary unlesssupervision of children on behalf of the childstate hasin failedexchange tofor complythe withmanual alabor priorof alternativechildren sanction.and limited immunity in accordance with s.

Alternative contempt sanctions may be provided by local industry or by any nonprofit organization or any public or private business or service entity that has entered into a contract with the department of Juvenile Justice to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the manual labor of children and limited immunity in accordance with s.

Page2. 52 of 137 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 2.

984.07 s.985.033.

985.033.Page 52 of 138 CODING:

4.Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 4.

The court is encouraged to order a child to perform Pagecommunity 53service, up to the maximum number of 137hours, CODING:where appropriate before ordering that the child be placed in a shelter secure facility as punishment for contempt of court.

(d) In addition to any other sanction imposed under this section, the court may direct the Department of Highway Safety Page 53 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 communityand service,Motor upVehicles to thewithhold maximumissuance numberof, ofor hours,suspend, where appropriate before ordering that the child be placed in a shelterchild's securedriver facilitylicense asor punishmentdriving forprivilege. contempt of court.

(d) In addition to any other sanction imposed under this section, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend, a child's driver license or driving privilege.

322.271, or for the purpose of completing court-ordered community service, if the child is otherwise qualified for a Pagelicense. 54 of 137 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 license.

Each alternative sanctionsPage coordinator54 shall serve under the direction of the138 chiefCODING: administrative judge of the juvenile division as directed by the chief judge of the circuit.

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 sanctions coordinator shall serve under the direction of the chief administrative judge of the juvenile division as directed by the chief judge of the circuit.

Any person or agency, including, but not limited to, the parent, or legal guardian, or Pagecustodian, 55the local school district, a law enforcement agency, or the Department of 137Children CODING:and Families, having knowledge of the facts may make a report or complaint.

(2) A representative of the department shall make a preliminary determination as to whether the report or complaint Page 55 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 custodian,is thecomplete. local school district, a law enforcement agency, or the Department of Children and Families, having knowledge of the facts may make a report or complaint.

(2) A representative of the department shall make a preliminary determination as to whether the report or complaint is complete.

As part of the intake procedure, the department's departmental representative shall inform the parent, or legal custodian guardian, or custodian, in writing, of the services currently and treatment available to the child and family by department providers and other or community agencies in the county in which the family is located, and the rights and responsibilities of the parent, or legal guardian, or custodian Page 56 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 guardian, or custodian, in writing, of the services currently and treatment available to the child and family by department providers and other or community agencies in the county in which the family is located, and the rights and responsibilities of the parent, or legal guardian, or custodian under this chapter.

(4) If the department reasonably believes has reasonable grounds to believe that the child has been abandoned, abused, or neglected, it shall proceed pursuant to the provisions of chapter 39 and reportreported immediately to the central abuse hotline.

984.11 Services to families in need of services.— (1) The department or its authorized agent shall provide an array of voluntary family services aimed attoward remediating school truancy, homelessness, and runaway and ungovernable behavior by children.

(2) A family is not eligible to receive voluntary family services, if, at the time of the referral, the child is under court-ordered supervision by the department for delinquency under chapter 985 or court-ordered supervision by the Department Pageof 57Children and Families due to a finding of 137dependency CODING:under chapter 39.

A child who had received a prearrest delinquency citation, or is receiving delinquency diversion services, may receive voluntary family Page 57 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 ofservices. Children and Families under chapter 39.

A(3) childIf whothere hasis received a prearrestpending delinquencyinvestigation citation,into oran isallegation receivingof delinquencyabuse, diversionneglect services,or abandonment, the child may receivebe eligible for voluntary family services.services if the Department of Children and Families agrees to the provision of services and makes a referral.

(3) If there is a pending investigation into an allegation of abuse, neglect, or abandonment, the child may be eligible for voluntary family services if the Department of Children and Families agrees to the provision of services and makes a referral.

(j) Referral for special educational, tutorial, or Pageremedial 58services. of 137 CODING:

(k) Referral to vocational, career development job training, or employment services.

Page 58 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 remedial(l) Recreational services.

(k) Referral to vocational, career development job training, or employment services.

(l) Recreational services.

(4) The department may file a petition with the circuit court to enforce the collection of fees for services and treatment rendered to the child or the parent and other legal Pagecustodians. 59 of 137 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 custodians.

984.12Page Case59 staffing;of 138 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 984.12 Case staffing;

a representative from the area of health, mental health, substance abuse, or social, or educational services;

a Pagerepresentative 60 of 137law CODING:enforcement the alternative sanctions coordinator;

and any person recommended by the child, family, or department.

The child and the child's parent, legal guardian, or Page 60 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 representativecustodian ofmust lawbe enforcementinvited theto alternativeattend sanctionsthe coordinator;committee meeting.

and any person recommended by the child, family, or department.

The child and the child's parent, legal guardian, or custodian must be invited to attend the committee meeting.

(c) Needs of the parents, legal guardian, or legal Pagecustodian. 61 of 137 CODING:

(d) Measurable objectives that address the identified problems and needs.

Page 61 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 custodian.(e) Services and treatment to be provided, to include:

(d) Measurable objectives that address the identified problems and needs.

(e) Services and treatment to be provided, to include:

(7) The parent, legal guardian, or legal custodian may convene a meeting of the case staffing committee, and any other member of the committee may convene a meeting if the member Page 62 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (7) The parent, legal guardian, or legal custodian may convene a meeting of the case staffing committee, and any other member of the committee may convene a meeting if the member finds that doing so is in the best interest of the family or child.

A case staffing committee meeting requested by a parent, legal guardian, or legal custodian must be convened within 7 days, excluding weekends and legal holidays, after the date the department's representative receives the request in writing.

PageSection 6315. of 137 CODING:

Section 984.13, Florida Statutes, is amended to read:

984.13 Taking a child into custody a child alleged to be Page 63 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Sectionfrom 15.a family in need of services or to be a child in need of services.— (1) A child may be taken into custody:

Section 984.13, Florida Statutes, is amended to read:

984.13 Taking a child into custody a child alleged to be from a family in need of services or to be a child in need of services.— (1) A child may be taken into custody:

If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer or designated school representative Pagepursuant 64to ofs. 137 CODING:

1003.26(3) shall deliver the child to the parent, or legal guardian, or custodian, to a location determined by the parent, legal or guardian, or custodian, or to a designated Page 64 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 pursuanttruancy tointerdiction s.site until the parent or guardian can be located.

1003.26(3) shall deliver the child to the parent, or legal guardian, or custodian, to a location determined by the parent, legal or guardian, or custodian, or to a designated truancy interdiction site until the parent, legal or guardian, or custodian can be located.

or is ungovernable and beyond the control of the parent, legal guardian, or legal custodian;

following such Pagerelease, 65the person taking the child into custody shall make a full written report to the intake office of 137the CODING:department within 3 days;

or Page 65 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 release,(b) theDeliver person taking the child intoto custody shall make a fullshelter writtenwhen: report to the intake office of the department within 3 days;

or (b) Deliver the child to a shelter when:

The child and the parent, legal guardian, or custodian voluntarily agree the child is in need of temporary shelter placement and such placement is necessary to provide a safe place for the child to remain until the parents,parents legal guardians, or custodians and the child can agree on conditions for the child's safe return home.

Page394.463 66if the child is reasonably believed to be mentally ill, including immediate threat of 137suicide CODING:as provided in s.

394.463(1).

(e) Deliver the child to a hospital, addictions receiving Page 66 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 394.463facility, or treatment resource if the child is reasonably believed to be mentallyintoxicated ill,and includinghas immediatethreatened, threatattempted, ofor suicideinflicted asphysical providedharm inon s.himself or herself or another, or is incapacitated by substance abuse.

394.463(1).

(e) Deliver the child to a hospital, addictions receiving facility, or treatment resource if the child is reasonably believed to be intoxicated and has threatened, attempted, or inflicted physical harm on himself or herself or another, or is incapacitated by substance abuse.

PageSection 6716. of 137 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 Section 16.

hearing.— (1) Temporary voluntary shelter services provided by the departmentPage shall67 provideof a138 safeCODING: environment with 24-hour care and supervision, referrals for services as needed, and education at the center or offsite and counseling services for children.

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 department shall provide a safe environment with 24-hour care and supervision, referrals for services as needed, and education at the center or offsite and counseling services for children.

(2) If a child is sheltered due to being a runaway,runaway or a parent, legal guardian, or custodian is unavailable, the shelter shall immediately attempt to make contact with the parent, legal guardian, or custodian to advise the family of the child's Pagewhereabouts, 68determine ofif 137the CODING:child can safely return home, or determine if the family is seeking temporary voluntary shelter services until they can arrange to take the child home.

If the parent, legal guardian, or custodian cannot be located within 24 Page 68 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 whereabouts,hours, determinethe whetherDepartment of Children and Families shall be contacted to assume custody of the child canIf safelythe returndepartment home,determines orthat determineplacement whetherin thea familyshelter is seekingnecessary temporaryaccording voluntaryto the provisions of subsection (1), the departmental representative shall authorize placement of the child in a shelter provided by the community specifically for runaways and troubled youth who are children in need of services untilor theymembers canof arrangefamilies toin takeneed of services and shall immediately notify the parents or legal custodians that the child home.was taken into custody.

If the parent, legal guardian, or custodian cannot be located within 24 hours, the Department of Children and Families shall be contacted If the department determines that placement in a shelter is necessary according to the provisions of subsection (1), the departmental representative shall authorize placement of the child in a shelter provided by the community specifically for runaways and troubled youth who are children in need of services or members of families in need of services and shall immediately notify the parents or legal custodians that the child was taken into custody.

984.225, a child in need Pageof 69services or a child from a family in need of 137services CODING:may not be placed in a shelter for longer than 35 days.

(6) When any child is placed in a shelter pursuant to Page 69 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 ofcourt servicesorder orfollowing a shelter hearing, the court shall order the natural or adoptive parents of such child, the natural father of such child fromborn aout familyof wedlock who has acknowledged his paternity in needwriting before the court, or the guardian of servicessuch maychild's notestate, beif placedpossessed inof aassets shelterwhich under law may be disbursed for longerthe thancare, 35support, days.and maintenance of the child, to pay, to the department, fees as established by the department.

(6) When any child is placed in a shelter pursuant to court order following a shelter hearing, the court shall order the natural or adoptive parents of such child, the natural father of such child born out of wedlock who has acknowledged his paternity in writing before the court, or the guardian of such child's estate, if possessed of assets which under law may be disbursed for the care, support, and maintenance of the child, to pay, to the department, fees as established by the department.

984.15 Petition for a child in need of services.— (1) All proceedings seeking an adjudication that a child Pageis 70a child in need of 137services CODING:shall be initiated by the filing of a petition by an attorney representing the department or by the child's parent, legal guardian, or legal custodian.

If a Page 70 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 is a child in need of services shallhas bebeen initiatedplaced byin the filing of a petitionshelter bypursuant anto attorneys. representing the department or by the child's parent, legal guardian, or legal custodian.

If a child in need of services has been placed in a shelter pursuant to s.

(2)(a) The department shall file a petition for a child in need of services if the child meets the definition of a child in need of services, and the case manager or staffing committee recommends requests that a petition be filed,filed and:

The Pagepetition 71shall ofbe 137signed CODING:by the petitioner under oath stating good faith in filing the petition and shall be signed by an attorney for the department.

Page 71 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 petition(3)(a) shallThe beparent, signedlegal byguardian, theor petitionerlegal undercustodian oathmay statingfile gooda faithpetition inalleging filingthat thea petitionchild andis shalla bechild signedin byneed anof attorneyservices forif: the department.

(3)(a) The parent, legal guardian, or legal custodian may file a petition alleging that a child is a child in need of services if:

If, at the arraignment hearing, the court finds that such written notice of intent to file the petition was not provided to the department, the court shall dismiss the petition, postpone the hearing until such written notice is given, or, if the department agrees, proceed with the Pagearraignment 72hearing. of 137 CODING:

The petition must be served on the department's office of general counsel.

(c) The petition must be in writing and must set forth Page 72 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 arraignmentspecific hearing.facts alleging that the child is a child in need of services as defined in s.

The petition must be served on the department's office of general counsel.

(c) The petition must be in writing and must set forth specific facts alleging that the child is a child in need of services as defined in s.

(5)(e) The court, on its own motion or the motion of any party or the department, shall determine the legal sufficiency of a petition filed under this subsection (3) and may dismiss any petition that lacks sufficient grounds.

(7)(5) The petitioner department or the parent, guardian, or legal custodian may withdraw a petition at any time before prior to the child is being adjudicated a child in need of Page 73 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (7)(5) The petitioner department or the parent, guardian, or legal custodian may withdraw a petition at any time before prior to the child is being adjudicated a child in need of services.

Upon the filing of the petition, the clerk shall issue a summons to the parent, legal guardian, or legal custodian of the student, directing that person and the student to appear for a Pagehearing 74at ofa 137time CODING:and place specified.

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 hearing at a time and place specified.

the name and address of the student'sPage parent74 orof guardian;138 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 student's parent or guardian;

(a) The student to participate in alternative sanctions to Pageinclude 75mandatory ofattendance 137at CODING:alternative classes;

to be followed by mandatory community services hours for a period up to 6 months;

the student and Page 75 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 include(b) mandatoryThe attendancestudent's atparent, alternativelegal classes;or guardian, or custodian to participate in parenting classes homemaker or parent aide services;

to be followed by mandatory community services hours for a period up to 6 months;

the student and (b) The student's parent, legal or guardian, or custodian to participate in parenting classes homemaker or parent aide services;

(e) The student and the student's parent, legal or guardian, or custodian to participate in services service provided by state or community voluntary or community agencies, if appropriate,appropriate as available, including services for families in need of services as provided in s.

984.11984.11; as available;

(f) The student and the student's parent, legal guardian, or custodian to attend meetings with school officials to address the child's educational needs, classroom assignment, class schedule, and other barriers to school attendance identified by the child's school, thechild child, or his or her family;

(g) The student and the student's parent, legal guardian, or custodian to engage in learning activities provided by the Pageschool 76board ofas 137to CODING:why education is important and the potential impact on the child's future employment and education options if the attendance problem persists;

or Page 76 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 school(h) boardand asThe tostudent whyor educationthe isstudent's importantparent, andlegal theor potentialguardian, impactor oncustodian theto child'sparticipate futurein employmentvocational andor, educationjob optionstraining, ifor theemployment attendanceservices. problem persists;

or(8) (h)If the student does not substantially comply with compulsory school attendance and Thecourt studentordered orservices required under successfully complete the student'ssanctions parent,ordered legalin orsubsection guardian,(7), orand custodianthe tochild participatemeets the definition of a child in vocationalneed or,of jobservices, training,the orcase employmentshall services.be referred by the court to the department's authorized agent for review by the case staffing committee under s.

(8) If the student does not substantially comply with compulsory school attendance and court-ordered services required under successfully complete the sanctions ordered in subsection (7), and the child meets the definition of a child in need of services, the case shall be referred by the court to the department's authorized agent for review by the case staffing committee under s.

The court shall review the case not less than every 45 days to determine whetherif the child is in substantial compliance with compulsory education or if the case should be referred to the case staffing committee in accord with this subsection.

(11) The court may retain jurisdiction of any case in which the child is noncompliant with compulsory education and the child does not meet the definition of a child in need of services under this chapter until jurisdiction lapses pursuant Page 77 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 which the child is noncompliant with compulsory education and the child does not meet the definition of a child in need of services under this chapter until jurisdiction lapses pursuant to s.

984.16 Process and service for child in need of services petitions.— (3) The summons shall require the person on whom it is Page 78 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 984.16 Process and service for child in need of services petitions.— (3) The summons shall require the person on whom it is served to appear for a hearing at a time, and place, and manner specified.

(11) If a court takes action that directly involves a student's school, including, but not limited to, an order that a student attend school, attend school with his or her parent, legalrequiring guardian,the orparent custodian,to requiringparticipate thein parent,meetings, legalincluding guardian,parent-teacher conferences, Section 504 plan meetings or custodianindividualized education plan meetings to participateaddress inthe meetings,student's includingdisability, Pagethe 79office of 137the CODING:clerk of the court shall provide notice to the school of the court's order.

Page 79 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 parent-teacher conferences, Section 50420. plan meetings or individualized education plan meetings to address the student's disability, the office of the clerk of the court shall provide notice to the school of the court's order.

Section 20.

(3) When a petition for a child in need of services has been filed and the parents, legal guardian, or legal custodian of the child and the child have advised the department that the truth of the allegations is acknowledged and that no contest is to be made of the adjudication, the attorney representing the department may set the case before the court for a disposition Pagehearing. 80 of 137 CODING:

If there is a change in the plea at this hearing, the court shall continue the hearing to permit the attorney representing the department to prepare and present the case.

(4) An attorney representing the department shall Page 80 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 hearing.represent the state in any proceeding in which the petition alleges that a child is a child in need of services and in which a party denies the allegations of the petition and contests the adjudication.

If there is a change in the plea at this hearing, the court shall continue the hearing to permit the attorney representing the department to prepare and present the case.

(4) An attorney representing the department shall represent the state in any proceeding in which the petition alleges that a child is a child in need of services and in which a party denies the allegations of the petition and contests the adjudication.

(2) When the department has performed the medical Pagescreening 81authorized by subsection (1) or when it is otherwise determined by a licensed health care professional that a child is in need of 137medical CODING:treatment, consent for medical treatment shall be obtained in the following manner:

Page 81 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 screening(a)1. authorized by subsection (1) or when it is otherwise determined by a licensed health care professional that a child is in need of medical treatment, consent for medical treatment shall be obtained in the following manner:

(a)1.

PageIn 82no case may the department consent to sterilization, abortion, or termination of 137life CODING:support.

(3) A judge may order that a child alleged to be or Page 82 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Inadjudicated noa casechild mayin theneed departmentof consentservices tobe sterilization,examined abortion,by ora terminationlicensed ofhealth lifecare support.professional.

(3) A judge may order that a child alleged to be or adjudicated a child in need of services be examined by a licensed health care professional.

The judge may also order such child to Pagereceive 83mental ofhealth 137or CODING:intellectual disability services from a psychiatrist, psychologist, or other appropriate service provider.

If it is necessary to place the child in a residential facility for such services, the procedures and criteria Page 83 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 receiveestablished mentalin healths. or intellectual disability services from a psychiatrist, psychologist, or other appropriate service provider.

If it is necessary to place the child in a residential facility for such services, the procedures and criteria established in s.

(9) Nothing in This section does not shall be construed to authorize the permanent sterilization of the child, unless such sterilization is the result of or incidental to medically necessary treatment to protect or preserve the life of the Page 84 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (9) Nothing in This section does not shall be construed to authorize the permanent sterilization of the child, unless such sterilization is the result of or incidental to medically necessary treatment to protect or preserve the life of the child.

397.706 Nothing in this section alters the authority of the department to consent to medical treatment for Pagea 85child ofwho 137has CODING:been committed to the department pursuant to s.

984.22(3) and of whom the department has become the legal custodian.

(13) At any time after the filing of a petition for a Page 85 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 child in need of services, when the mental or physical condition, including the blood group, of a parent, guardian, or other person requesting custody of a child whois hasin beencontroversy, committedthe tocourt may order the departmentperson pursuantto submit to s.a physical or mental examination by a qualified professional.

984.22(3) and of whom the department has become the legal custodian.

(13) At any time after the filing of a petition for a child in need of services, when the mental or physical condition, including the blood group, of a parent, guardian, or other person requesting custody of a child is in controversy, the court may order the person to submit to a physical or mental examination by a qualified professional.

The hearing shall be held for the child and the parent, legal guardian, or custodian to admit, deny, or consent to Pagefindings 86that a child is in need of 137services CODING:as alleged in the petition.

If the child and the parent, legal guardian, or custodian admit or consent to the findings in the petition, the court shall adjudicate the child a child in need of services and Page 86 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 findingsproceed thatas aset childforth is in needthe ofFlorida servicesRules asof allegedJuvenile inProcedure. the petition.

If the child and the parent, legal guardian, or custodian admit or consent to the findings in the petition, the court shall adjudicate the child a child in need of services and proceed as set forth in the Florida Rules of Juvenile Procedure.

(c) If at the arraignment hearing the child and the Pageparent, 87legal ofguardian, 137or CODING:custodian consents or admits to the allegations in the petition and the court determines that the petition meets the requirements of s.

984.15(5) s.

984.15(3)(e), the court shall proceed to hold a disposition hearing at the Page 87 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 parent,earliest legalpracticable guardian,time or custodian consents or admits to the allegations in the petition and the court determines that thewill petitionallow meetsfor the requirementscompletion of s.a predisposition study.

984.15(5) s.

984.15(3)(e), the court shall proceed to hold a disposition hearing at the earliest practicable time that will allow for the completion of a predisposition study.

FAILURE TO APPEAR AT THE ARRAIGNMENT HEARING CONSTITUTES CONSENT TO THE ADJUDICATION OF THIS CHILD AS A CHILD IN NEED OF SERVICES AND MAY RESULT IN THE COURT ENTERING AN ORDER OF DISPOSITION AND PLACINGPLACE THE CHILD INTO SHELTER.

If a person appears for the arraignment hearing and the court orders that person to appear, either physically or through audio-video communication technology, at the adjudicatory hearing for the child in need of services case, stating the date, time, place, and, if applicable, the instructions for appearance through audio-video communication technology, of the Pageadjudicatory 88hearing, then that person's failure to appear for the scheduled adjudicatory hearing constitutes consent to adjudication of 137the CODING:child as a child in need of services.

(2) ADJUDICATORY HEARING.— (a) The adjudicatory hearing shall be held as soon as Page 88 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 adjudicatorypracticable hearing,after thatthe person'spetition failurefor toa appearchild forin theneed scheduledof adjudicatoryservices hearingis constitutesfiled consentand toin adjudicationaccordance ofwith the childFlorida asRules aof childJuvenile inProcedure, needbut reasonable delay for the purpose of services.investigation, discovery, or procuring counsel or witnesses shall, whenever practicable, be granted.

(2) ADJUDICATORY HEARING.— (a) The adjudicatory hearing shall be held as soon as practicable after the petition for a child in need of services is filed and in accordance with the Florida Rules of Juvenile Procedure, but reasonable delay for the purpose of investigation, discovery, or procuring counsel or witnesses shall, whenever practicable, be granted.

In an adjudicatory a hearing on a petition in which it is alleged that the child is a child in need of services, a preponderance of evidence shall be required to establish that the child is in need of services.

(c) All hearings, except as hereinafter provided, shall be open to the public, and no person shall be excluded therefrom except on special order of the judge who, in his or her Pagediscretion, 89may close any hearing to the public when the public interest or the welfare of 137the CODING:child, in his or her opinion, is best served by so doing.

Hearings involving more than one child may be held simultaneously when the several children involved are related to each other or were involved in the same case.

The Page 89 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 discretion,child mayand close any hearing to the publicparent, whenlegal theguardian, public interest or thecustodian welfare of the child,child inmay hisbe orexamined herseparately opinion,and isapart bestfrom servedeach byother. so doing.

Hearings involving more than one child may be held simultaneously when the several children involved are related to each other or were involved in the same case.

The child and the parent, legal guardian, or custodian of the child may be examined separately and apart from each other.

The length of time that the child has lived in a Pagestable, 90satisfactory environment and the desirability of 137maintaining CODING:continuity.

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 stable, satisfactory environment and the desirability of maintaining continuity.

The moral fitness of the parents, legal guardian, or custodian.Page 90 of 138 CODING:

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 custodian.

The efforts by the department to prevent shelter out- of-home placement of the child or, when applicable, to reunify Pagethe 91parent, oflegal 137guardian, CODING:or custodian if appropriate services were available.;

Words stricken are deletions;

words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 the parent, legal guardian, or custodian if appropriate services were available.;

If the voluntary family services and treatment were provided, whether they were sufficient to meet the needs of the childPage and91 theof family138 andCODING: to enable the child to remain at home or to be returned home.;

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 child and the family and to enable the child to remain at home or to be returned home.;

(c) If placement of the child with anyone other than the child's parent, legal guardian, or custodian is being considered, the study shall include the designation of a specific length of time as to when custody by the parent, legal guardian, or custodian shall be reconsidered.

(e) After review of the predisposition study and other relevant materials, the court shall hear from the parties and consider all recommendations for court-ordered services, evaluations, treatment and required actions designed to remedy Pagethe 92child's oftruancy, 137ungovernable CODING:behavior, or running away.

The court shall enter an order of disposition.

Any other relevant and material evidence, including other written or oral reports, may be received by the court in its Page 92 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 effort to determine the child'saction truancy,to ungovernablebe behavior,taken orwith runningregard away.to the child and may be relied upon to the extent of its probative value, even though not competent in an adjudicatory hearing.

The court shall enter an order of disposition.

Any other relevant and material evidence, including other written or oral reports, may be received by the court in its effort to determine the action to be taken with regard to the child and may be relied upon to the extent of its probative value, even though not competent in an adjudicatory hearing.

If the parent, legal guardian, or custodian does not appear at a review hearing, or if the court finds good cause to waive the child's presence, the court may proceed with the hearing and enter Pageorders 93that ofaffect 137the CODING:child and family accordingly.

(c)(b) At the review hearings, the court shall consider the department's judicial review summary.

The court shall close the case if the child has substantially complied with the case plans and court orders and no longer requires continued court Page 93 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 orderssupervision, thatsubject affectto the childcase andbeing familyreopened. accordingly.

(c)(b) At the review hearings, the court shall consider the department's judicial review summary.

The court shall close the case if the child has substantially complied with the case plans and court orders and no longer requires continued court supervision, subject to the case being reopened.

984.21 Orders of adjudication.— (1)(4) An order of adjudication by a court that a child is a child in need of services is a civil adjudication, and is services shall not be deemed a conviction, nor shall the child be deemed to have been found guilty or to be a delinquent or criminal by reason of that adjudication, nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction Pageor 94disqualify ofor 137prejudice CODING:the child in any civil service application or appointment.

(2)(1) If the court finds that the child named in a petition is not a child in need of services, it shall enter an order so finding and dismiss dismissing the case.

Page 94 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 or(2) disqualifyIf orthe prejudicecourt finds that the child named in anythe civilpetition serviceis applicationa orchild appointment.in need of services, but finds that no action other than supervision in the home is required, it may enter an order briefly stating the facts upon which its finding is based, but withholding an order of adjudication and placing the child and family under the supervision of the department.

(2)(1) If the court finds that the child named in a petition is not a child in need of services, it shall enter an order so finding and dismiss dismissing the case.

(2) If the court finds that the child named in the petition is a child in need of services, but finds that no action other than supervision in the home is required, it may enter an order briefly stating the facts upon which its finding is based, but withholding an order of adjudication and placing the child and family under the supervision of the department.

PageSection 9525. of 137 CODING:

Section 984.22, Florida Statutes, is amended to read:

984.22 Powers of disposition.— (1) If the court finds that services and treatment have not been provided or used utilized by a child or family, the Page 95 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 Sectioncourt 25.having jurisdiction of the child in need of services shall have the power to direct the least intrusive and least restrictive disposition, as follows:

Section 984.22, Florida Statutes, is amended to read:

984.22 Powers of disposition.— (1) If the court finds that services and treatment have not been provided or used utilized by a child or family, the court having jurisdiction of the child in need of services shall have the power to direct the least intrusive and least restrictive disposition, as follows:

The"Supervision," term "supervision," for the purposes of this section, means services as defined by the contract between the department and the provider.

Page(c) 96Commit ofthe 137child CODING:to a licensed child-caring agency willing to receive the child and to provide services without compensation from the department.

(d) Order the child, and, if the court finds it appropriate, the parent, legal guardian, or custodian of the Page 96 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 (c)child, Commit the child to arender licensedcommunity child-caringservice agencyin willinga topublic receiveservice theprogram. child and to provide services without compensation from the department.

(d) Order the child, and, if the court finds it appropriate, the parent, legal guardian, or custodian of the child, to render community service in a public service program.

If the court determines that the parent is unable to pay support, Pageplacement 97of the child shall not be contingent upon issuance of 137a CODING:support order.

The department may employ a collection agency to receive, collect, and manage for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees.

The collection agency must be registered and in good Page 97 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 placementstanding ofunder thechapter child559. shall not be contingent upon issuance of a support order.

The department may employ a collection agency to receive, collect, and manage for the purpose of receiving, collecting, and managing the payment of unpaid and delinquent fees.

The collection agency must be registered and in good standing under chapter 559.

PageSection 9826. of 137 CODING:

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words underlined are additions.

hb1405-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 1405 2025 Section 26.

placement in a staff-secure shelter.— (1) Subject to specific legislative appropriation, The courtPage may98 order that a child adjudicated as a child in need of services138 beCODING: placed in shelter to enforce the court's orders, to ensure the child attends school, to ensure the child receives needed counseling, and to ensure the child adheres to a service plan.

Words stricken are deletions;

words underlined are additions.

hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1405 2025 court may order that a child adjudicated as a child in need of services be placed in shelter to enforce the court's orders, to ensure the child attends school, to ensure the child receives needed counseling, and to ensure the child adheres to a service plan.

If a parent, legal guardian, or custodian prefers to arrange counseling or other services with a private provider in lieu of using services provided by the department, the family shall pay all costs associated with those Pageservices. 99 of 137 CODING:

(3) Placement of a child under this section is designed to provide residential care on a temporary basis.

Such placement does not abrogate the legal responsibilities of the parent, legal guardian, or custodian with respect to the child, except Page 99 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 services.to the extent that those responsibilities are temporarily altered by court order.

(3) Placement of a child under this section is designed to provide residential care on a temporary basis.

Such placement does not abrogate the legal responsibilities of the parent, legal guardian, or custodian with respect to the child, except to the extent that those responsibilities are temporarily altered by court order.

(b) After other alternative, less restrictive,restrictive remedies have been exhausted, the child may be placed in shelter for up to 90 days if:

or 3.(c) The child has failed to successfully complete an alternative treatment program or to comply with a court-ordered services sanction and the child has been placed in a shelter Pageresidential 100program on at least one prior occasion pursuant to a court order after the child has been adjudicated a child in need of 137services CODING:under this chapter.

(4) The court shall review the child's 90-day shelter placement within 45 days after the child's placement and Page 100 of 138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 residentialdetermine programif oncontinued atshelter leastis onedeemed priornecessary. occasion pursuant to a court order after the child has been adjudicated a child in need of services under this chapter.

(4) The court also shall reviewdetermine whether the child'sparent, 90-daylegal shelterguardian, placementor withincustodian 45has daysreasonably afterparticipated in the child's placementcounseling and determinetreatment whetherprogram, continuedand shelter is deemedfollowing necessary.the recommendations of the program to work toward reunification.

The court shall also determine whether the parent, legal guardian, or custodian has reasonably participated in the child's counseling and treatment program, and is following the recommendations of the program to work toward reunification.

If the court finds an inadequate level of support or participation by the parent, legal guardian, or custodian before the end of the shelter commitment period, the court shall direct athat staffingthe tochild takebe placehandled within theevery Departmentrespect ofas Childrena anddependent Families.child.

Jurisdiction shall be transferred to the Department of Children and Families, and the child's care shall be governed under the relevant provisions of chapter 39.

The department shall notify and coordinate with the Department of Children and Families for the transfer of jurisdiction.

The clerk of court shall serve the Department of Children and Families with any court order of referral.

The child who has been on the waiting list the longest will get the next available Page 101 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 been on the waiting list the longest will get the next available bed.

(6) The department is deemed to have exhausted the reasonable remedies offered under this chapter if, at the end of the 90-day shelter commitment period, the parent, legal guardian, or legal custodian continues to refuse to allow the Page 102 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 guardian, or legal custodian continues to refuse to allow the child to remain at home or creates unreasonable conditions for the child's return.

If the court finds an inadequate level of support or participation by the parent, guardian, or custodian prior to the end of the commitment period, the court shall Page 103 of 137138 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 prior to the end of the commitment period, the court shall direct that the child be handled in every respect as a dependent child.

(6)(8) If the child requires residential mental health treatment or residential care for a developmental disability, the court shall order refer the child transferred to the custody of the Agency for Persons with Disabilities or to the Department of Children and Families for the provision of necessary services.

The clerk of court shall serve the Agency for Persons with Disabilities or the Department of Children and Families with any court order of referral.

(2) When a petition is filed alleging that a child is a child in need of services, the child must be represented by counsel at each court appearance unless the record in that proceeding affirmatively demonstrates by clear and convincing evidencePage that104 the child knowingly and intelligently waived the right to counsel after being fully advised by the court of the138 natureCODING: of the proceedings and the dispositional alternatives available to the court under this section.

If the court decides Page 104 of 137 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 toevidence appointthat counsel for the child knowingly and ifintelligently waived the childright isto indigent,counsel after being fully advised by the court shallof appointthe annature attorneyof tothe representproceedings and the childdispositional asalternatives providedavailable to the court under s.this section.

If the court decides to appoint counsel for the child and if the child is indigent, the court shall appoint an attorney to represent the child as provided under s.

(a) Failed to appear for placement in a staff-secure shelter for up to 90 days as ordered under s.

If a bed is not availablePage in105 aof physically138 secureCODING: shelter, the court must stay the placement until such a bed is available, and the department must place the child's name on a waiting list.

The child who has been on the waiting list the longest has first priority for Page 105 of 137 CODING:

hb1405-02-c2hb1405-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1405 2025 placementavailable in thea physically secure shelter.shelter, the court must stay the placement until such a bed is available, and the department must place the child's name on a waiting list.

The child who has been on the waiting list the longest has first priority for placement in the physically secure shelter.

If a child has not been reunited with his or her parent, legal guardian, or legal custodian at the expiration of the placement in a physically secure shelter setting, the court may order that the child remain in the physically secure shelter setting for an additional 30 days if the court finds that reunification could be achieved within that period.

(4)(5)(a) The court shall review the child's placement once within every 45 days to determine whetherif the child can be returned home with the provision of ongoing services as provided in s.

1.Page 106 of 138 CODING:

That the child has received all of the services available from the physically secure shelter setting and is ready for reunification with a parent or guardian;