CHILDREN AND FAMILIES IN NEED OF SERVICES; PREVENTION AND INTERVENTION FOR SCHOOL TRUANCY AND UNGOVERNABLE AND RUNAWAY CHILDREN

F.S. Ch. 984

in effect

F.S. 984.01 Purposes and intent; personnel standards and screening.

(1) The purposes of this chapter are: (a) To provide judicial, nonjudicial, and other procedures to address the status offenses of children who are truant from school, run away from their caregivers, or exhibit ungovernable behavior by refusing to follow the household rules of their caregivers and engage in behavior that places the child at risk of harm; and to ensure due process through which children and other interested parties are assured fair hearings by a respectful and respected court and the recognition, protection, and enforcement of their constitutional and other legal rights. (b) To provide for the care, safety, and protection of children in an environment that cultivates healthy social, emotional, intellectual, and physical development; to ensure the safety of children; and to promote the education, health, and well-being of all children under the state’s care. (c) To provide for a needs assessment of the child’s needs, strengths, and family dynamics so that the most appropriate services can be provided in the most appropriate environment consistent with the community’s long-term need for public safety and the safety of the individual child, with consideration given to the education and overall well-being of the child. (d) To preserve and strengthen the child’s family ties whenever possible; provide for temporary shelter placement of the child only when necessary for the child’s education, safety, and welfare and when other less restrictive alternatives have been exhausted; provide custody, care, and education; encourage self-discipline; and increase protective factors when the child is in temporary shelter placement. (e) To ensure that the adjudication and disposition of a child alleged or found to be a child in need of services be exercised with appropriate discretion and in keeping with the seriousness of the misconduct and the need for services, and that all findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standards of fundamental fairness and due process. (f) To provide a court process through which school boards are able to access the court for the limited purpose of early truancy intervention for children, subject to compulsory education, who are not engaging in regular school attendance, and encourage school attendance by educating children and their families on the importance of regular school attendance and provide services to families to prevent the child’s pattern of truancy from becoming habitual. (2) The department may contract with the Federal Government, other state departments and agencies, county and municipal governments and agencies, public and private agencies, and private individuals and corporations in carrying out the purposes of, and the responsibilities established in, this chapter. (a) If the department contracts with a provider for any program for children, all personnel, including owners, operators, employees, and volunteers, in the facility must be of good moral character. The department and any agency providing services for the department must require that each contract entered into for services delivered on an appointment or intermittent basis by a provider that does or does not have regular custodial responsibility for children and each contract with a school for before or aftercare services must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character and must meet level 2 screening requirements as described in s. 435.04. A volunteer who assists on an intermittent basis for less than 10 hours per month need not be screened if a person who meets the screening requirement of this section is always present and has the volunteer in his or her line of sight. (b) The department may grant exemptions from disqualification from working with children as provided in s. 435.07. (c) Any shelter used for the placement of children under this chapter must be licensed by the Department of Children and Families. (3) This chapter is to be liberally interpreted and construed in conformity with its declared purposes.

F.S. 984.02 Legislative intent for prevention and intervention under this chapter.

(1) GENERAL PROTECTIONS FOR CHILDREN. — It is a purpose of the Legislature that the children of this state be provided with the following protections: (a) Protection from abuse, neglect, and exploitation. (b) A permanent and stable home. (c) A safe and nurturing environment which will preserve a sense of personal dignity and integrity. (d) Adequate nutrition, shelter, and clothing. (e) Effective services or treatment to address physical, social, and emotional needs. (f) Equal opportunity and access to quality and effective education which will meet the individual needs of each child and prepare the child for future employment, and to recreation and other community resources to develop individual abilities. (g) Access to preventive services to provide the child and family the support of community resources to address the needs of the child and reduce the risk of harm or engaging in delinquent behavior. (h) Court intervention only when necessary to address at-risk behavior before the behavior escalates into harm to the child or to the community through delinquent behavior. (i) Access to representation by a trained advocate when court proceedings are initiated under this chapter. (j) Supervision and services by skilled staff when temporary out-of-home placement is necessary. (2) SUBSTANCE ABUSE SERVICES. — The Legislature finds that children in the care of the state’s juvenile justice and intervention systems need appropriate health care services and that the impact of substance abuse on health requires the need for health care services to include substance abuse services when appropriate. It is in the state’s best interest that children be provided the services they need to enable them to become and remain independent of state care. In order to provide these services, the state’s juvenile justice and intervention systems must have the ability to identify and make referrals to experts capable of providing intervention and treatment for children with personal or family-related substance abuse problems. It is therefore the purpose of the Legislature to provide authority for the state to contract with community substance abuse treatment providers for the development and operation of specialized support and overlay services for the juvenile justice and intervention systems, subject to legislative appropriation, which will be fully implemented and utilized as resources permit. This section does not prevent agencies from referring children and families to privately operated community service providers to the extent the families have funding or insurance to provide care. (3) JUVENILE JUSTICE AND INTERVENTION. — It is the policy of the state regarding juvenile justice and intervention to first protect the public from acts of delinquency. In addition, it is the policy of the state to: (a) Develop and implement effective methods of preventing and reducing acts of delinquency, with a focus on maintaining and strengthening the family so that children may remain in their homes or communities. (b) Develop and implement effective programs to prevent delinquency, to divert children from the traditional juvenile justice system, to intervene at an early stage of delinquency, and to provide critically needed alternatives to institutionalization and deep-end commitment. (c) Provide well-trained personnel, high-quality services, and cost-effective programs within the juvenile justice system. (d) Increase the capacity of local governments and public and private agencies to conduct rehabilitative treatment programs and to provide research, evaluation, and training services for juvenile delinquency prevention. (e) Develop and implement effective early prevention programs to address truancy and ungovernable and runaway behavior of children which places the child at risk of harm, and allow for intervention before the child engages in a delinquent act. The Legislature intends that temporary shelter care, in addition to providing safe care, will promote the health and well-being of the children placed therein and provide an environment that fosters their social, emotional, intellectual, and physical development. (4) PARENTAL, CUSTODIAL, AND GUARDIAN RESPONSIBILITIES. — Parents, custodians, and guardians are deemed by the state to be responsible for providing their children with sufficient support, guidance, and supervision to deter their participation in delinquent acts, and ensure their children attend school and engage in education to prepare their child for their future. The state further recognizes that the ability of parents, custodians, and guardians to fulfill those responsibilities can be greatly impaired by economic, social, behavioral, emotional, and related problems. It is therefore the policy of the Legislature that it is the state’s responsibility to ensure that factors impeding the ability of caretakers to fulfill their responsibilities are identified and appropriate recommendations are provided to address those impediments through the provision of nonjudicial voluntary family services for families in need of services and through the child in need of services court processes. (5) PROVISION OF SERVICES. — Services to families shall be provided on a continuum of increasing intensity and participation by the parent, legal guardian, or custodian and child. Judicial intervention to resolve the problems and conflicts that exist within a family shall be limited to situations in which a resolution to the problem or conflict has not been achieved through individual and family services after all available less restrictive resources have been exhausted. In creating this chapter, the Legislature recognizes the need to distinguish the problems of truants, runaways, and children beyond the control of their parents, and the services provided to these children, from the problems and services designed to meet the needs of abandoned, abused, neglected, and delinquent children. In achieving this distinction, it is the policy of the state to develop short-term services using the least restrictive method for children and families, early truancy intervention, and children in need of services.

F.S. 984.03 Definitions.

When used in this chapter, the term: (1) “Abandoned” or “abandonment” has the same meaning as in s. 39.01(1). (2) “Abuse” has the same meaning as in s. 39.01(2). (3) “Adjudicatory hearing” means a hearing for the court to determine whether or not the facts support the allegations stated in the petition as is provided for under s. 984.20(2) in child in need of services cases. (4) “Adult” means any natural person other than a child. (5) “Authorized agent” or “designee” of the department means a person or agency assigned or designated by the Department of Juvenile Justice to perform duties or exercise powers pursuant to this chapter and includes contract providers and subcontracted providers and their employees for purposes of providing voluntary family services, and providing court-ordered services and managing cases of children in need of services. (6) “Child” or “juvenile” or “youth” means any unmarried person under the age of 18 who has not been emancipated by order of the court. (7) “Child in need of services” means a child for whom there is no pending petition filed with the court alleging the child is delinquent or no current court-ordered supervision by the department for delinquency under chapter 985 or court-ordered supervision by the Department of Children and Families under chapter 39. The child must also, pursuant to this chapter, be found by the court: (a) To have persistently run away from the child’s parents, legal guardians, or custodians despite reasonable efforts of the parents, legal guardians, or custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include participation by the child’s parents, legal guardian, or custodians and the child in voluntary services, and treatment offered by the department or through its authorized agent; (b) To be a habitual truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation pursuant to ss. 1003.26 and 1003.27 and services offered by the department or its authorized agent; or (c) To be ungovernable by having persistently disobeyed the reasonable and lawful rules and demands of the child’s parents, legal guardians, or custodians, and to be beyond their control despite the child having the mental and physical capacity to understand and obey lawful rules and demands, and despite efforts by the child’s parents, legal guardians, or custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in voluntary family services or individual services. (8) “Circuit” means any of the judicial circuits as set forth in s. 26.021. (9) “Court,” unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter. (10) “Custodian” means any adult person who is exercising actual physical custody of the child and is providing food, clothing, and care for the child in the absence of a parent or legal guardian. (11) “Department” means the Department of Juvenile Justice. (12) “Disposition hearing” means a hearing in which the court determines the most appropriate dispositional services in the least restrictive available setting provided for under s. 984.20(3), in child in need of services cases. (13) “Early truancy intervention” means action taken by a school or school district pursuant to s. 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 its authorized agent pursuant to s. 984.11, and may include judicial action pursuant to s. 984.151 or s. 1003.27. (14) “Family” means a collective body of persons, consisting of a child and a parent, legal guardian, custodian, or adult relative, in which: (a) The persons reside in the same house or living unit; or (b) The parent, legal guardian, custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. (15) “Family in need of services” means a family that has a child who is running away; who is ungovernable and persistently disobeying reasonable and lawful demands of the parent or legal custodian and is beyond the control of the parent or legal custodian; or who is a habitual truant or engaging in other serious behaviors that place the child at risk of future abuse, neglect, or abandonment or at risk of entering the juvenile justice system. The child must be referred to a law enforcement agency, the department, or an agency contracted to provide services to children in need of services. A family is not eligible to receive voluntary family services if, at the time of the referral, the child is currently under court-ordered supervision by the department for delinquency under chapter 985 or under court-ordered supervision by the Department of Children and Families under chapter 39. (16) “Habitual truant” has the same meaning as in s. 1003.01(12). (17) “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; a request for assistance from a parent or child; or a complaint, law enforcement report, or probable cause affidavit of a child’s truancy, ungovernable behavior, or running away, on behalf of a family or child to determine the most appropriate course of action in the best interests of the child, the family, and the community. The emphasis of intake is on diversion and the least restrictive available services. Consequently, intake includes such alternatives as: (a) The disposition of the request for services, complaint, report, or probable cause affidavit without court or public agency action or judicial handling when appropriate. (b) The referral of the child to another public or private agency when appropriate. (c) The recommendation by the assigned intake case manager of judicial handling when appropriate and warranted. (18) “Judge” means the circuit judge exercising jurisdiction pursuant to this chapter. (19) “Legal custody” means a legal status created by court order or letter of guardianship which vests in a custodian of the person or guardian, whether an agency or an individual, the right to have physical custody of the child and the right and duty to protect, train, and discipline the child and to provide him or her with food, shelter, education, and ordinary medical, dental, psychiatric, and psychological care. (20) “Licensed child-caring agency” means an agency licensed by the Department of Children and Families pursuant to s. 409.175. (21) “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 chapter 464, a physician assistant licensed under chapter 458 or chapter 459, or a dentist licensed under chapter 466. (22) “Necessary medical treatment” means care that is necessary within a reasonable degree of medical certainty to prevent the deterioration of a child’s condition or to alleviate immediate pain of a child. (23) “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. (24) “Neglect” has the same meaning as in s. 39.01(53). (25) “Parent” means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under s. 63.062(1). If a child has been legally adopted, the term “parent” means the adoptive mother or father of the child. The term does not include an individual whose parental relationship to the child has been legally terminated, or an alleged or prospective parent, unless the parental status falls within the terms of either s. 39.503(1) or s. 63.062(1). (26) “Participant,” for purposes of a proceeding under this chapter, means any person who is not a party but who should receive notice of hearings involving the child, including foster parents, identified prospective parents, grandparents entitled to priority for adoption consideration under s. 63.0425, actual custodians of the child, and any other person whose participation may be in the best interest of the child. Participants may be granted leave by the court to be heard without the necessity of filing a motion to intervene. (27) “Party,” for purposes of a proceeding under this chapter, means the parent, legal guardian, or actual custodian of the child; the petitioner; the department; the guardian ad litem when one has been appointed; and the child. 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. (28) “Physically secure shelter” means a department-approved locked facility or locked unit within a facility for the care of a child adjudicated a child in need of services who is court ordered to be held pursuant to s. 984.226. A physically secure shelter unit shall provide 24-hour, continuous supervision. A physically secure shelter must be licensed by the Department of Children and Families as a licensed child-caring agency. (29) “Preventive services” means social services and other supportive and evaluation and intervention services provided to the child or the parent, legal guardian, or custodian of 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 or into the delinquency system. Social services and other supportive services may include the provision of assessment and screening services; individual, group, or family counseling; specialized educational and vocational services; temporary voluntary shelter for the child; outreach services for children living on the street; and other specialized services. (30) “Relative” means a grandparent, great-grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle, niece, or nephew, whether related by the whole or half blood, by affinity, or by adoption. The term does not include a stepparent. (31) “Reunification services” means social services and other supportive 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, for the purpose of assisting a child who has been placed in temporary shelter care to return to his or her family at the most appropriate and effective time based on the presenting concerns at intake. Social services and other supportive services shall be consistent with the child’s need for a safe, continuous, and stable living environment and shall promote the strengthening of family life whenever possible. (32) “Secure detention center or facility” means a physically restricting facility for the temporary care of children, pending adjudication, disposition, or placement under chapter 985. (33) “Shelter” means a department-approved shelter facility for the temporary care of runaway children; for children placed for voluntary shelter respite upon request of the child or the child’s parent, legal guardian, or custodian; or for placement of a child who has been adjudicated a child in need of services or who has been found in contempt of court under s. 984.09. Shelters must provide 24-hour continual supervision. A shelter must be licensed by the Department of Children and Families as a licensed child-caring agency. (34) “Substance abuse” means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior. (35) “Taken into custody” means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child’s release, shelter, placement, or other disposition as authorized by law. (36) “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. Temporary legal custody confers upon the custodian the right to have temporary physical custody of the child and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, and education, and ordinary medical, dental, psychiatric, and psychological care, unless these rights and duties are otherwise enlarged or limited by the court order establishing the temporary legal custody relationship. (37) “Truancy petition” means a petition filed by the superintendent of schools under s. 984.151 for the purpose of early truancy intervention alleging that a student subject to compulsory school attendance has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period, or has had more than 15 unexcused absences in a 90-calendar-day period. (38) “Truant status offender” means a child subject to the jurisdiction of the 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 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. (39) “Violation of law” or “delinquent act” means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult. (40) “Voluntary family services” means voluntary services provided by the department or an agency designated by the department to a family that has a child who is running away; who is ungovernable by persistently disobeying reasonable and lawful demands of the parent, legal guardian, or custodian and is beyond the control of the parent, legal guardian, or custodian; or who is a habitual truant or engaging in other serious behaviors that place the child at risk of future abuse, neglect, abandonment, or entering the juvenile justice system. The child must be referred to the department or an agency designated by the department to provide voluntary services to families and children.

F.S. 984.04 Early truancy intervention; families in need of services and children in need of services; procedures and jurisdiction.

(1) The department shall be responsible for all nonjudicial proceedings involving voluntary family services for a family identified as a family in need of services according to rules established by the department under chapter 120. (2) The circuit court shall have exclusive original jurisdiction of judicial proceedings involving early truancy intervention. When the jurisdiction of any child found to be truant under s. 984.151 is obtained, the court may retain jurisdiction for up to 180 days. The court must terminate supervision and relinquish jurisdiction if the child has substantially complied with the requirements of early truancy intervention, is no longer subject to compulsory education, or is adjudicated a child in need of services under s. 984.21. (3) The circuit court shall have exclusive original jurisdiction of proceedings in which a child is alleged to be a child in need of services. When the jurisdiction of any child who has been found to be a child in need of services or the parent, custodian, or legal guardian of such 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 not prevent the exercise of jurisdiction by any other court having jurisdiction of the child. (4) Jurisdiction of the circuit court shall attach to the case and parties to proceedings filed under s. 984.15 or under s. 984.151 when the summons is served upon the child and a parent, legal guardian, or custodian, or when the parties personally appear before the court. (5) All procedures, including petitions, pleadings, subpoenas, summonses, and hearings, in proceedings under this chapter shall be according to the Florida Rules of Juvenile Procedure unless otherwise provided by law.

F.S. 984.06 Oaths, records, and confidential information.

(1) The judge, clerks or deputy clerks, or authorized agents of the department shall each have the power to administer oaths and affirmations. (2) The court shall make and keep records of all cases brought before it pursuant to this chapter and shall preserve the records 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. The court shall make official records, consisting of all petitions and orders filed in a case arising pursuant to this chapter and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which are filed in the case. (3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. Court records required by this chapter are not open to inspection by the public. All such records may be inspected only upon order of the court by a person deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents or legal custodians of the child and their attorneys, law enforcement agencies, and the department and its designees may inspect and copy any official record pertaining to the child. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use and disposition the court deems proper, and may punish by contempt proceedings any violation of those conditions. (4) Except as provided in subsection (3), all information obtained pursuant to this chapter in the discharge of official duty by any judge, employee of the court, authorized agent of the department, school employee, district superintendent, school board employee, or law enforcement agent is confidential and may not be disclosed to anyone other than the authorized personnel of the court, the department and its designees, school or school board personnel, law enforcement agencies, and others entitled under this chapter to receive that information, except upon order of the court. (5) All orders of the court entered pursuant to this chapter must be in writing and signed by the judge, except that the clerk or a deputy clerk may sign a summons or notice to appear. (6) A court record of proceedings under this chapter is not admissible in evidence in any other civil or criminal proceeding, except that: (a) Records of proceedings under this chapter forming a part of the record on appeal shall be used in the appellate court. (b) Records that are necessary in any case in which a person is being tried upon a charge of having committed perjury are admissible in evidence in that case.

F.S. 984.07 Right to counsel; waiver; appointed counsel; compensation.

(1) When a petition is filed alleging that a child is a child in need of services or if the child is subject to contempt proceedings under s. 984.09, the child must be represented by counsel at each court appearance. The court must appoint counsel 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. If the child waives counsel at any proceeding, the court shall advise the child with respect to the right to counsel at every subsequent hearing. (2) A child in proceedings under s. 984.151 may have counsel appointed by the court if the court determines it is in the best interest of the child. (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 must appoint an attorney to represent the child under s. 27.511. Determination of indigence and costs of representation shall be as provided by s. 57.082. Legal counsel representing a child who exercises the right to counsel may provide advice and counsel to the child at any time after appointment. (4) If the parents or legal guardians of an indigent child are not indigent but refuse to employ counsel, the court shall appoint counsel pursuant to s. 27.511 to represent the child until counsel is provided. Costs of representation must be imposed as provided by s. 57.082. Thereafter, the court may not appoint counsel for an indigent child with nonindigent parents or legal guardian but shall order the parents or legal guardian to obtain private counsel. (a) A parent or legal guardian of an indigent child who has been ordered to obtain private counsel for the child and who willfully fails to follow the court order shall be punished by the court in civil contempt proceedings. (b) An indigent child may have counsel appointed pursuant to ss. 27.511 and 57.082 if the parents or legal guardian has willfully refused to obey the court order to obtain counsel for the child and has been punished by civil contempt. Costs of representation must be imposed as provided by s. 57.082. (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, or runaway behavior has persisted, the court may appoint counsel to represent the child as provided in s. 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 may not exceed $1,000 at the trial level and $2,500 at the appellate level. (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. 57.082. If an attorney is appointed, the parent or legal guardian shall be enrolled in a payment plan pursuant to s. 28.246.

F.S. 984.09 Punishment for contempt of court; alternative sanctions.

(1) CONTEMPT OF COURT; LEGISLATIVE INTENT. — The court may punish any child for contempt for interfering with the court or with court administration, or for violating any provision of this chapter or order of the court relative thereto. 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. 984.0861. 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 an alternative sanction or placed in a shelter facility, as authorized in this section, by order of the court. (2) PLACEMENT IN A SHELTER. — A child adjudicated as a child in need of services may only be placed in a shelter 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. (a) A child in need of services who has been held in direct contempt or indirect contempt may be placed, for 5 days for a first offense or 15 days for a second or subsequent offense, in a shelter operated by or contracted with the department to provide such services. 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 as provided under s. 984.226 if conditions of eligibility are met. (b) A child subject to proceedings 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, in a shelter operated by or contracted with the department for such services if a shelter bed is available. Upon a second or subsequent finding of contempt under this section, the court must refer the child to the case staffing committee with a recommendation to file a child in need of services petition. (c) Any shelter placement ordered under this section must be given as a cumulative sanction. Separate sanctions for the same act or series of acts within the same episode may not be imposed. (3) ALTERNATIVE SANCTIONS. — 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 50 hours of community service 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 organization or any public or private business or service entity that has entered into a contract with the department to act as an agent of the state to provide voluntary supervision of children on behalf of the state in exchange for the labor of children and limited immunity in accordance with s. 768.28(11). (4) CONTEMPT OF COURT SANCTIONS; PROCEDURE AND DUE PROCESS. — (a) If a child subject to proceedings under this chapter is charged with direct contempt of court, the court may impose an authorized sanction immediately. (b) If a child subject to proceedings under this chapter is charged with indirect contempt of court, the court must issue an order to show cause and schedule a hearing to determine whether the child committed indirect contempt of a valid court order. The child must be served with the order to show cause and notice of hearing. At the hearing, the following due process rights must be provided to the child: 1. Right to a copy of the order to show cause alleging facts supporting the contempt charge. 2. Right to an explanation of the nature and the consequences of the proceedings. 3. Right to legal counsel and the right to have legal counsel appointed by the court if the juvenile is indigent, pursuant to s. 984.07. 4. Right to confront witnesses. 5. Right to present witnesses. 6. Right to have a transcript or record of the proceeding. 7. Right to appeal to an appropriate court. The child’s parent, legal guardian, or custodian may address the court regarding the due process rights of the child. If, after the hearing, the court determines the child has committed indirect contempt of a valid court order, the court may impose an alternative sanction or may proceed under subsection (2). If the court orders shelter placement of a child found in contempt of court, the court shall review the matter every 72 hours to determine whether it is appropriate for the child to remain in the facility. (c) The court may not order that a child be placed in a shelter facility for punishment for contempt unless the court determines that an alternative sanction is inappropriate or unavailable or that the child was initially ordered to an alternative sanction and did not comply with the alternative sanction. The court is encouraged to order a child to perform community service, up to the maximum number of hours, where appropriate before ordering that the child be placed in a shelter facility as punishment for contempt of court. (5) ALTERNATIVE SANCTIONS COORDINATOR. — There is created the position of alternative sanctions coordinator within each judicial circuit. Each alternative 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. The alternative sanctions coordinator shall act as the liaison between the judiciary, local department officials, district school board employees, and local law enforcement agencies. The alternative sanctions coordinator shall coordinate within the circuit community-based alternative sanctions, including community service projects.

F.S. 984.10 Intake.

(1) Intake shall be performed by the department or the department’s authorized agent. A report alleging that a child is from a family in need of services shall be made to the intake office operating in the county in which the child is found or in which the case arose. Any person or agency, including, but not limited to, the parent, legal guardian, or custodian, the local school district, a law enforcement agency, or the Department of Children and Families, having knowledge of the facts may make a report. (2) A representative of the department shall make a preliminary determination as to whether the report is complete. The criteria for the completeness of a report with respect to a child alleged to be from a family in need of services while subject to compulsory school attendance shall be governed by s. 984.03. In any case in which the representative of the department finds that the report is incomplete, the representative of the department shall return the report without delay to the person or agency originating the report or having knowledge of the facts or to the appropriate law enforcement agency having investigative jurisdiction and request additional information in order to complete the report. (3) If the representative of the department determines that in his or her judgment the interests of the family, the child, and the public will be best served by providing the family and child services and treatment voluntarily accepted by the child and the parents, legal guardians, or custodians, the department’s representative may refer the family or child to an appropriate service provider. As part of the intake procedure, the department’s representative shall inform the parent, legal guardian, or custodian, in writing, of the services currently available to the child and family by department providers and other community agencies in the county in which the family is located, and the rights and responsibilities of the parent, legal guardian, or custodian under this chapter. Upon admission, and depending on services, a staff member may be assigned to the family as deemed appropriate. (4) If the department reasonably believes that the child has been abandoned, abused, or neglected, it shall proceed pursuant to chapter 39 and report immediately to the central abuse hotline.

F.S. 984.11 Services to families.

(1) The department or its authorized agent shall provide an array of voluntary family services aimed at remediating school truancy, homelessness, and runaway and ungovernable behavior by children. Services to families in need of services shall be by voluntary agreement of the parent, legal guardian, or custodian and the child. (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 of Children and Families under chapter 39. A child who has received a prearrest delinquency citation, or is receiving delinquency diversion services, may receive voluntary family services. (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. An interagency agreement between the department and the Department of Children and Families shall govern this referral process, which is contingent on available funding. The department must notify the Department of Children and Families if a referral is declined. (4) These services may include, but need not be limited to: (a) Parent aide services. (b) Intensive crisis counseling. (c) Parent training. (d) Individual, group, or family counseling. (e) Referral to community mental health services. (f) Prevention and diversion services. (g) Services provided by voluntary or community agencies. (h) Runaway center services. (i) Runaway shelter services. (j) Referral for special educational, tutorial, or remedial services. (k) Referral to vocational, career development, or employment services. (l) Recreational services. (m) Assessment. (n) Case management. (o) Referral for or provision of substance abuse assessment or treatment. (5) The department shall advise the parents, legal guardian, or custodian that they are responsible for contributing to the cost of the services to the extent of their ability to pay. The parent is responsible for using health care insurance to the extent it is available for the provision of health services.

F.S. 984.12 Case staffing; services and treatment related to a family in need of services.

(1) The appropriate representative of the department shall request a meeting of the family and child with a case staffing committee to review the case of any family or child who the department determines is in need of services if: (a) The family or child is not in agreement with the services or treatment offered; (b) The family or child will not participate in the services or treatment selected; or (c) The representative of the department needs assistance in developing an appropriate plan for services. The time and place selected for the meeting shall be convenient for the child and family. (2) The composition of the case staffing committee shall be based on the needs of the family and child. It shall include a representative from the child’s school district and a representative of the department, and may include the department’s authorized agent and a supervisor of the department’s contracted provider; a representative from the area of health, mental health, substance abuse, or social services; a representative of the state attorney; a representative of law enforcement; 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. (3) The case staffing committee shall: (a) Identify the family’s concerns and contributing factors. (b) Request the family and child to identify their needs and concerns. (c) Seek input from the school district and any other persons in attendance with knowledge of the family or child’s situation and concerns. (d) Consider the voluntary family services or other community services that have been offered and the results of those services. (e) Identify whether truancy is a concern and evaluate compliance with the remedial strategies provided pursuant to s. 1003.26. (f) Reach a timely decision to provide the child or family with services and recommend any appropriate treatment through the development of a plan for services. (4) The plan for services shall contain the following: (a) Statement of the concerns. (b) Needs of the child. (c) Needs of the parents, legal guardian, or custodian. (d) Measurable objectives that address the identified problems and needs. (e) Services and treatment to be provided, to include: 1. Type of services or treatment. 2. Frequency of services or treatment. 3. Location. 4. Accountable service providers or staff. (f) Timeframes for achieving objectives. (5) Upon receipt of the plan, the child and family shall acknowledge their position by accepting or rejecting the services and provisions in writing. If the plan is accepted, it shall be implemented as soon as is practicable. (6) The assigned case manager shall have responsibility for implementing the plan. The department’s authorized agent shall periodically review the progress towards achieving the objectives of the plan in order to: (a) Advise the case staffing committee of the need to make adjustments to the plan; (b) Recommend a child in need of services petition be filed by the department; or (c) Terminate the case as indicated by successful or substantial achievement of the objectives of the plan. (7) The parent, legal guardian, or custodian may convene a meeting of the case staffing committee. A case staffing committee meeting requested by a parent, 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. (8) Any other member of the committee may convene a meeting if voluntary family services have been offered and the services have been rejected by the child or family, or the child has not made measurable progress toward achieving the service plan goals, and the member finds that doing so is in the best interest of the family or child. (9) A case staffing committee meeting must be convened within 30 days after the date the case is referred by the court pursuant to s. 984.151. (10) Within 7 days after meeting, the case staffing committee shall provide the parent, legal guardian, or custodian with a written report that details the reasons for the committee’s decision to recommend, or decline to recommend, that the department file a petition alleging that the child is a child in need of services. (11) The case staffing committee may reconvene from time to time as may be necessary to make adjustments to the plan.

F.S. 984.13 Taking a child into custody.

(1) A child may be taken into custody: (a) By a law enforcement officer when the officer reasonably believes that the child has run away from his or her parents, legal guardian, or custodian. (b) By a designated school representative pursuant to s. 1003.26(3) or a law enforcement officer when the officer reasonably believes that the child is absent from school without authorization or is suspended or expelled and is not in the presence of his or her parent, legal guardian, or custodian, for the purpose of delivering the child without unreasonable delay to the appropriate school system site. For the purpose of this paragraph, “school system site” includes, but is not limited to, a center approved by the superintendent of schools for the purpose of counseling students and referring them back to the school system or an approved alternative to a suspension or expulsion program. If a student is suspended or expelled from school without assignment to an alternative school placement, the law enforcement officer or designated school representative pursuant to s. 1003.26(3) shall deliver the child to the parent, legal guardian, or custodian; to a location determined by the parent, legal guardian, or custodian; or to a designated truancy interdiction site until the parent or guardian can be located. (c) Pursuant to an order of the circuit court based upon sworn testimony after a child in need of services petition is filed under s. 984.15. (d) Pursuant to an order of the circuit court based upon a finding of contempt under this chapter for the purpose of delivering the child to a designated shelter facility. (e) By a law enforcement officer when the child voluntarily agrees to or requests services pursuant to this chapter or placement in a shelter. (2) The person taking the child into custody shall: (a) Release the child to a parent, legal guardian, custodian, or responsible adult relative and make a full written report to the department’s authorized agent for families in need of services within 3 days after release if the person taking the child into custody reasonably believes the child has run away from a parent, legal guardian, or custodian; is truant; or is ungovernable and beyond the control of the parent, guardian, or legal custodian; or (b) Deliver the child to a shelter when: 1. The parent, legal guardian, or custodian is unavailable to take immediate custody of the child; 2. The child requested voluntary family services and shelter placement; 3. A court order under this chapter for shelter placement has been issued; or 4. 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 and child can agree on conditions for the child’s safe return home. (c) Deliver the child to a hospital for necessary evaluation and treatment if the child is reasonably believed to be suffering from a serious physical condition which requires either prompt diagnosis or treatment. (d) Deliver the child to a designated public receiving facility as defined in s. 394.455 for examination under s. 394.463 if the child is reasonably believed to be mentally ill, including immediate threat of suicide as provided in s. 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. (3) If the child is taken into custody and is delivered to a shelter, the department’s authorized agent shall review the facts and make such further inquiry as necessary to determine whether the child shall remain in shelter, receive voluntary family services that would allow the child alleged to be from a family in need of services to remain at home, or be released.

F.S. 984.14 Voluntary shelter services.

(1) Temporary voluntary shelter services provided by the 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, 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 whereabouts, determine whether the child can safely return home, or determine whether 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 hours, the Department of Children and Families shall be contacted.

F.S. 984.15 Petition for a child in need of services.

(1) All proceedings seeking an adjudication that a child is a child in need of services shall be initiated by the filing of a petition by an attorney representing the department or by the child’s parent, legal guardian, or custodian. (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 staffing committee recommends that a petition be filed and: 1. The family and child have in good faith, but unsuccessfully, used the services and process described in ss. 984.11 and 984.12; or 2. The family or child have refused services described in ss. 984.11 and 984.12 after reasonable efforts by the department to involve the family and child in voluntary family services. (b) Once the requirements in paragraph (a) have been met, the department shall file a petition for a child in need of services as soon as practicable. (c) The petition shall be in writing, shall state the specific grounds by which the child is designated a child in need of services, and shall certify that the conditions prescribed in paragraph (a) have been met. The petition shall be signed by the petitioner under oath stating good faith in filing the petition and shall be signed by an attorney for the department. (3)(a) The parent, legal guardian, or custodian may file a petition alleging that a child is a child in need of services if: 1. The department waives the requirement for a case staffing committee. 2. The department fails to convene a meeting of the case staffing committee within 7 days, excluding weekends and legal holidays, after receiving a written request for such a meeting from the child’s parent, legal guardian, or custodian. 3. The parent, legal guardian, or custodian does not agree with the plan for services offered by the case staffing committee. 4. The department fails to provide a written report within 7 days after the case staffing committee meets, as required under s. 984.12(10). (b) The parent, legal guardian, or custodian must give the department prior written notice of intent to file the petition. 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 arraignment hearing. 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. The petition must also demonstrate that the parent, legal guardian, or custodian has in good faith, but unsuccessfully, participated in the services and processes described in ss. 984.11 and 984.12. (4) The petition must be signed by the petitioner under oath. (5) 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 and may dismiss any petition that lacks sufficient grounds. In addition, the court shall verify that the child is not: (a) The subject of a pending investigation into an allegation or suspicion of abuse, neglect, or abandonment; (b) The subject of a pending petition alleging that the child is delinquent; or (c) Under the current supervision of the department or the Department of Children and Families for an adjudication or withholding of adjudication of delinquency or dependency. (6) The form of the petition and any additional contents shall be determined by rules of procedure adopted by the Supreme Court. (7) The petitioner may withdraw a petition at any time before the child is adjudicated a child in need of services.

F.S. 984.16 Process and service for child in need of services petitions.

(1) Personal appearance of any person in a hearing before the court shall obviate the necessity of serving process on that person. (2) Upon the filing of a petition containing allegations of facts which, if true, would constitute the child therein being named a child in need of services, and upon the request of the petitioner, the clerk or deputy clerk shall issue a summons. (3) The summons shall require the person on whom it is served to appear for a hearing at a time, place, and manner specified. The summons must require the custodian to bring the child to court. A copy of the petition shall be attached to the summons. (4) The summons shall be directed to, and shall be served upon, the following persons: (a) The parents. (b) The legal custodian, actual custodian, and guardian ad litem. (c) The child. (5) The jurisdiction of the court shall attach to the child and the parent, legal guardian, or custodian of the child and the case when the summons is served upon the child or a parent, legal guardian, or custodian of the child; when the child is taken into custody with or without service of summons and after filing of a petition for a child in need of services; or when a party personally appears before the court, whichever occurs first, and thereafter the court may control the child and case in accordance with this chapter. (6) Upon the application of a party or the petitioner, the clerk or deputy clerk shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing. (7) All process and orders issued by the court shall be served or executed as other process and orders of the circuit court and, in addition, may be served or executed by authorized agents of the department. (8) Subpoenas may be served within the state by any person over 18 years of age who is not a party to the proceeding. (9) No fee shall be paid for service of any process or other papers by an agent of the department. If any process, orders, or other papers are served or executed by any sheriff, the sheriff’s fees shall be paid by the county. (10) If the party to whom an order is directed is present or represented at the final hearing, service of such order shall not be required. (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, requiring the parent to participate in meetings, including parent-teacher conferences, Section 504 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.

F.S. 984.17 Response to petition and representation of parties.

(1) At the time a child in need of services petition is filed, the court may appoint a guardian ad litem for the child. (2) No answer to the petition or any other pleading need be filed by any child, parent, legal guardian, or custodian, but any matters which might be set forth in an answer or other pleading may be pleaded orally before the court or filed in writing as any such person may choose. Notwithstanding the filing of an answer or any pleading, the child and parent, legal guardian, or custodian shall, before an adjudicatory hearing, be advised by the court of the right to counsel. (3) When a petition for a child in need of services has been filed and the parents, legal guardian, or 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 hearing. 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.

F.S. 984.19 Medical screening and treatment of child; examination of parent, legal guardian, or person requesting custody.

(1) When any child is to be placed in shelter care, the department or its authorized agent may have a medical screening provided for the child without authorization from the court and without consent from a parent, legal guardian, or custodian. Such medical screening shall be provided by a licensed health care professional and shall be to screen the child for injury, illness, and communicable diseases. In no case does this subsection authorize the department to consent to medical treatment for such children. (2) When the medical screening authorized by subsection (1) 1 is performed 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. Consent to medical treatment shall be obtained from a parent, legal guardian, or custodian of the child; or 2. A court order for such treatment shall be obtained. (b) If a parent, legal guardian, or custodian of the child is unavailable and his or her whereabouts cannot be reasonably ascertained, and it is after normal working hours so that a court order cannot reasonably be obtained, an authorized agent of the department or its provider has the authority to consent to necessary medical treatment for the child. The authority of the department to consent to medical treatment in this circumstance is limited to the time reasonably necessary to obtain court authorization. (c) If a parent, legal guardian, or custodian of the child is available but refuses to consent to the necessary treatment, a court order is required, unless the situation meets the definition of an emergency in s. 743.064 or the treatment needed is related to suspected abuse or neglect of the child by the parent or guardian. In such case, the department’s authorized agent may consent to necessary medical treatment. This authority is limited to the time reasonably necessary to obtain court authorization. In no case may the department consent to sterilization, abortion, or termination of life support. (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 be evaluated by a psychiatrist or a psychologist, by a district school board educational needs assessment team, or, if a developmental disability is suspected or alleged, by the developmental disability diagnostic and evaluation team of the Department of Children and Families or Agency for Persons with Disabilities. The judge may order a family assessment if that assessment was not completed at an earlier time. If it is necessary to place a child in a residential facility for such evaluation, then the criteria and procedure established in s. 394.463(2) or chapter 393 shall be used, whichever is applicable. The educational needs assessment provided by the district school board educational needs assessment team shall include, but not be limited to, reports of intelligence and achievement tests, screening for learning disabilities and other handicaps, and screening for the need for alternative education pursuant to s. 1003.53. (4) A judge may order that a child alleged to be or adjudicated a child in need of services be treated by a licensed health care professional. The judge may also order such child to receive mental health 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. 394.467 or chapter 393 shall be used, as applicable. A child may be provided services in emergency situations pursuant to the procedures and criteria contained in s. 394.463(1) or chapter 393, as applicable. (5) When there are indications of physical injury or illness, a licensed health care professional shall be immediately contacted or the child shall be taken to the nearest available hospital for emergency care. (6) Except as otherwise provided herein, this section does not eliminate the right of a parent, legal guardian, or custodian, or the child, to consent to examination or treatment for the child. (7) Except as otherwise provided herein, this section does not alter the provisions of s. 743.064. (8) A court may order services or treatment to be provided to the child by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a church or religious organization, when required by the child’s health and when requested by the child. (9) This section does not 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. (10) For the purpose of obtaining an evaluation or examination or receiving treatment as authorized pursuant to this section, no child shall be placed in a detention facility or other program used primarily for the care and custody of children alleged or found to have committed delinquent acts. (11) The parents, legal guardian, or custodian of a child alleged to be or adjudicated a child in need of services remain financially responsible for the cost of medical treatment provided to the child even if one or both of the parents or if the legal guardian or custodian did not consent to the medical treatment. After a hearing, the court may order the parents, legal guardian, or custodian, if found able to do so, to reimburse the department or other provider of medical services for treatment provided. (12) A judge may order a child under its jurisdiction to submit to substance abuse evaluation, testing, and treatment in accordance with s. 397.706. (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 order may be made only upon good cause shown and pursuant to notice and procedures as set forth by the Florida Rules of Juvenile Procedure.

F.S. 984.20 Hearings for child in need of services cases.

(1) ARRAIGNMENT HEARING. — (a) The clerk shall set a date for an arraignment hearing within a reasonable time after the date of the filing of the child in need of services petition. The court shall advise the child and the parent, legal guardian, or custodian of the right to counsel as provided in s. 984.07. The hearing shall be held for the child and the parent, legal guardian, or custodian to admit, deny, or consent to findings that a child is in need of services 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 proceed as set forth in the Florida Rules of Juvenile Procedure. However, if either the child or the parent, legal guardian, or custodian denies any of the allegations of the petition, the court shall hold an adjudicatory hearing within a reasonable time after the date of the arraignment hearing. (b) The court may grant a continuance of the arraignment hearing if the child or the parent, legal guardian, or custodian requests a continuance to obtain an attorney. The case shall be rescheduled for an arraignment hearing within a reasonable period of time to allow for consultation. (c) If at the arraignment hearing the child and the parent, legal guardian, or 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), the court shall proceed to hold a disposition hearing at the earliest practicable time that will allow for the completion of a predisposition study. (d) Failure of a person served with notice to appear at the arraignment hearing constitutes the person’s consent to the adjudication of the child as a child in need of services. The document containing the notice to respond or appear must contain, in type as large as the balance of the document, the following or substantially similar language: 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 PLACING 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 adjudicatory hearing, that person’s failure to appear for the scheduled adjudicatory hearing constitutes consent to adjudication of the child as a child in need of services. (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. (b) Adjudicatory hearings shall be conducted by the judge without a jury, applying the rules of evidence in use in civil cases and adjourning the hearings from time to time as necessary. In an adjudicatory hearing, a preponderance of evidence shall be required to establish that the child is in need of services. If the court finds the allegations are proven by a preponderance of evidence and the child is a child in need of services, the court shall enter an order of adjudication. (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 discretion, may close any hearing to the public when the public interest or the welfare of the 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 child and the parent, legal guardian, or custodian of the child may be examined separately and apart from each other. (3) DISPOSITION HEARING. — (a) At the disposition hearing, the court shall receive and consider a predisposition study, which shall be in writing and be presented by an authorized agent of the department or its provider. The predisposition study shall cover: 1. All treatment and services that the parent, legal guardian, or custodian and child received. 2. The love, affection, and other emotional ties existing between the family and the child. 3. The capacity and disposition of the parents, legal guardian, or custodian to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs. 4. The length of time that the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. 5. The permanence, as a family unit, of the existing or proposed custodial home. 6. The moral fitness of the parents, legal guardian, or custodian. 7. The mental and physical health of the family. 8. The home, school, and community record of the child. 9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. 10. Any other factor considered by the court to be relevant. (b) The predisposition study also shall provide the court with documentation regarding: 1. The availability of appropriate prevention, services, and treatment for the parent, legal guardian, custodian, and child to prevent the removal of the child from the home or to reunify the child with the parent, legal guardian, or custodian after removal or to reconcile the problems between the family and the child. 2. The inappropriateness of other prevention, treatment, and services that were available. 3. The efforts by the department to prevent shelter placement of the child or, when applicable, to reunify the parent, legal guardian, or custodian if appropriate services were available. 4. Whether voluntary family services were provided. 5. If the voluntary family services and treatment were provided, whether they were sufficient to meet the needs of the child and the family and to enable the child to remain at home or to be returned home. 6. If the voluntary family services and treatment were not provided, the reasons for such lack of provision. 7. The need for, or appropriateness of, continuing such treatment and services if the child remains in the custody of the parent, legal guardian, or custodian or if the child is placed outside the home. (c) If placement of the child with anyone other than the child’s parent, 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, guardian, or custodian shall be reconsidered. (d) A copy of this predisposition study shall be furnished to the person having custody of the child at the time such person is notified of the disposition hearing. (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 the child’s truancy, ungovernable 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 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. Except as provided in paragraph (2)(c), this section does not prohibit the publication of proceedings in a hearing. (4) REVIEW HEARINGS. — (a) The court shall hold a review hearing within 45 days after the disposition hearing. Additional review hearings may be held as necessary, allowing sufficient time for the child and family to work toward compliance with the court orders and monitoring by the case manager. No longer than 90 days may elapse between judicial review hearings. (b) The parent, legal guardian, or custodian and the child shall be noticed to appear for the review hearing. The department must appear at the review 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 orders that affect the child and family accordingly. (c) 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. Upon request of the petitioner, the court may close the case and relinquish jurisdiction. If the child has significantly failed to comply with the case plan or court orders, the child shall continue to be a child in need of services and reviewed by the court as needed. At review hearings, the court may enter further orders to adjust the services case plan to address the family needs and compliance with court orders, including, but not limited to, ordering the child placed in shelter.

F.S. 984.21 Orders of adjudication.

(1) An order of adjudication by a court that a child is a child in need of services is a civil adjudication, and is 1 not deemed a conviction, nor shall the child be deemed to have been found guilty or to be a delinquent or criminal by reason of adjudication, nor shall that adjudication operate to impose upon the child any of the civil disabilities ordinarily imposed by or resulting from conviction or disqualify or prejudice the child in any civil service application or appointment. (2) 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 the case. (3) If the court finds by a preponderance of evidence that the child named in a petition is a child in need of services, it shall incorporate that finding in an order of adjudication entered in the case, briefly stating the facts upon which the finding is made, and the court shall thereafter have full authority under this chapter to provide for the child as adjudicated.

F.S. 984.22 Powers of disposition.

(1) If the court finds that services and treatment have not been provided or used 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: (a) Order the parent, legal guardian, or custodian and the child to participate in treatment, services, and any other alternative identified as necessary. (b) Order the parent, legal guardian, or custodian to pay a fine or fee based on the recommendations of the department. (2) When any child is adjudicated by the court to be a child in need of services, the court having jurisdiction of the child and parent, legal guardian, or custodian shall have the power, by order, to: (a) Place the child under the supervision of the department’s authorized agent provider of programs and services for children in need of services and families in need of services. The term supervision, for the purposes of this section, means services as defined by the contract between the department and the provider. (b) Place the child in the temporary legal custody of an adult willing to care for the child. (c) Commit the child 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 child, to render community service in a public service program. (e) Order the child placed in shelter pursuant to s. 984.225 or s. 984.226. (3) When any child is adjudicated by the court to be a child in need of services and temporary legal custody of the child has been placed with an adult willing to care for the child, or a licensed child-caring agency, the court shall order the natural or adoptive parents of such child, including 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 such child, to pay child support to the adult relative caring for the child, the licensed child-caring agency, the department, or the Department of Children and Families. When such order affects the guardianship estate, a certified copy of such order shall be delivered to the judge having jurisdiction of such guardianship estate. If the court determines that the parent is unable to pay support, placement of the child shall not be contingent upon issuance of a support order. The department may employ a collection agency to receive, collect, and manage the payment of unpaid and delinquent fees. The collection agency must be registered and in good standing under chapter 559. The department may pay to the collection agency a fee from the amount collected under the claim or may authorize the agency to deduct the fee from the amount collected. (4) In carrying out the provisions of this chapter, the court shall order the child, family, parent, legal guardian, or custodian of a child who is found to be a child in need of services to participate in family counseling and other professional counseling activities or other alternatives deemed necessary to address the needs of the child and family. (5) The participation and cooperation of the family, parent, legal guardian, or custodian, and the child with court-ordered services, treatment, or community service are mandatory, not merely voluntary. The court may use its contempt powers to enforce its orders.

F.S. 984.23 Court and witness fees.

In all proceedings under this chapter, no court fees shall be charged against, and no witness fees shall be allowed to, any party to a petition or any parent or legal custodian or child named in a summons. Other witnesses shall be paid the witness fees fixed by law.

F.S. 984.24 Appeal.

The state, any child, or the family, guardian ad litem, or legal custodian of any child who is affected by an order of the court pursuant to this chapter may appeal to the appropriate district court of appeal within the time and in the manner prescribed by the Florida Rules of Appellate Procedure.

F.S. 984.071 Resources and information.

(1) The department shall develop and publish an information guide 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 available to parents. The information guide shall be published in a written format for distribution and shall also be published on the department’s website. Each information guide shall be reviewed annually and updated as appropriate. The school district shall distribute this information guide to parents of truant children, and to other parents upon request or as deemed appropriate by the school district. In addition, the department shall distribute the information guide to state and local law enforcement agencies. 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. (2) The department, in collaboration with organizations that provide expertise, training, and advocacy in the areas of family and domestic violence, shall develop and maintain updated information and materials describing resources and services available to parents and legal custodians who are victims of domestic violence committed by children or who fear that they will become victims of such acts and to children who have committed acts of domestic violence or who demonstrate behaviors that may escalate into domestic violence. Such resources and services shall include, but are not limited to, those available under this chapter, domestic violence services available under chapter 39, and juvenile justice services available pursuant to chapter 985, including prevention, diversion, detention, and alternative placements. The materials shall describe how parents and legal custodians may access the resources and services in their local area. The department shall post this information on its website and make the materials available to certified domestic violence centers, other organizations serving victims of domestic violence, clerks of court, law enforcement agencies, and other appropriate organizations for distribution to the public. (3) The Department of Education and the Department of Children and Families must each post the department’s information guide on their respective websites.

F.S. 984.086 Children locked out of the home; interagency cooperation.

The Department of Juvenile Justice and the Department of Children and Families shall encourage interagency cooperation within each circuit and shall develop comprehensive agreements between the staff and providers for each department in order to coordinate the services provided to children who are locked out of the home and the families of those children.

F.S. 984.151 Early truancy intervention; truancy petition; judgment.

(1) If the school determines that a student subject to compulsory school attendance has had at least five unexcused absences, or absences for which the reasons are unknown, within a calendar month or 10 unexcused absences, or absences for which the reasons are unknown, within a 90-calendar-day period pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused absences in a 90-calendar-day period, the superintendent of schools or his or her designee may file a truancy petition seeking early truancy intervention. (2) The petition shall be filed in the circuit in which the student is enrolled in school. (3) Original jurisdiction to hear a truancy petition shall be in the circuit court; however, the circuit court may use a general or special magistrate pursuant to Supreme Court rules. Upon the filing of the petition, the clerk shall issue a summons to the parent, legal guardian, or custodian of the student, directing that person and the student to appear for a hearing at a time and place specified. (4) The petition must contain the following: the name, age, and address of the student; the name and address of the student’s parent or guardian; the school where the student is enrolled; the efforts the school has made to get the student to attend school in compliance with s. 1003.26; the number of out-of-school contacts between the school system and student’s parent or guardian; and the number of days and dates of days the student has missed school. The petition shall be sworn to by the superintendent or his or her designee. (5) Once the petition is filed, the court shall hear the petition within 30 days. (6) The student and the student’s parent or guardian shall attend the hearing. (7) If the court determines that the student did miss any of the alleged days, the court shall enter an order finding the child to be a truant status offender and the court shall order the student to attend school and order the parent, legal guardian, or custodian to ensure that the student attends school. The court’s power under this subsection is limited to entering orders to require the student to attend school and require the student and family to participate in services to encourage regular school attendance. The court may order any of the following services: (a) The student to participate in attendance at alternative classes; (b) The student’s parent, legal guardian, or custodian to participate in parenting classes; (c) The student or the student’s parent, legal guardian, or custodian to participate in individual, group, or family counseling; (d) The student or the student’s parent, legal guardian, or custodian to participate in community mental health services or substance abuse treatment services if available and applicable; (e) The student and the student’s parent, legal guardian, or custodian to participate in services provided by state or community agencies, if appropriate, including services for families in need of services as provided in s. 984.11; (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, the 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 school board as to why education is important and the potential impact on the child’s future employment and education options if the attendance problem persists; or (h) The student or the student’s parent, legal guardian, or custodian to participate in vocational or job training. (8) If the student does not substantially comply with compulsory school attendance and court-ordered services required under 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. 984.12 with a recommendation to file a petition for a child in need of services under s. 984.15. The court shall review the case not less than every 45 days to determine whether 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. (9) If the student substantially complies with compulsory school attendance, the court shall close the truancy case. (10) If the child is adjudicated a child in need of services pursuant to s. 984.21, the truancy case shall be closed and jurisdiction relinquished in accordance with s. 984.04. (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 to s. 984.04. (12) The court may not order a child placed in shelter pursuant to this section unless the court has found the child to be in contempt for violation of a court order under s. 984.09. (13) The parent, legal guardian, or custodian and the student shall participate, as required by court order, in any sanctions or services required by the court under this section, and the court shall enforce such participation through its contempt power. (14) Any truant student 1 who meets the definition of a child in need of services and who has been found in contempt for violation of a court order under s. 984.09 two or more times shall be referred to the case staffing committee under s. 984.12 with a recommendation to file a petition for a child in need of services. (15) The clerk of court must serve any court order referring the case to voluntary family services or the case staffing committee to the department’s office of general counsel and to the department’s authorized agent.

F.S. 984.225 Powers of disposition; placement in a shelter.

(1) The 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. While a child is in a shelter, the child shall receive education commensurate with his or her grade level and educational ability. The department, or the department’s authorized agent, must verify to the court that a shelter bed is available for the child. If the department or the department’s authorized agent verifies that a bed is not available, the department shall place the child’s name on a waiting list. The child who has been on the waiting list the longest shall get the next available bed. (2) The court shall order the parent, legal guardian, or custodian to cooperate with reunification efforts and participate in counseling. 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 services. (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. (a) The court may order any child adjudicated a child in need of services to be placed in shelter for up to 35 days. (b) After other alternative, less restrictive, remedies have been exhausted, the child may be placed in shelter for up to 90 days if: 1. The child’s parent, legal guardian, or custodian refuses to provide food, clothing, shelter, and necessary parental support for the child and the refusal is a direct result of an established pattern of significant disruptive behavior of the child in the home of the parent, legal guardian, or custodian; 2. The child refuses to remain under the reasonable care and custody of the parent, legal guardian, or custodian, as evidenced by repeatedly running away and failing to comply with a court order; or 3. The child has failed to successfully complete an alternative treatment program or to comply with court-ordered services and the child has been placed in a shelter on at least one prior occasion pursuant to a court order after the child has been adjudicated a child in need of services. (4) The court shall review the child’s 90-day shelter placement within 45 days after the child’s placement and determine whether continued shelter is deemed necessary. 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. The court shall also determine whether the department’s reunification efforts have been reasonable. 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 a staffing to take place with the Department of Children and Families. (5) If a child has not been reunited with his or her parent, legal guardian, or custodian at the expiration of the 90-day commitment period, the court may order that the child remain in the shelter for an additional 30 days if the court finds that reunification could be achieved within that period. The department is deemed to have exhausted the reasonable remedies offered under this chapter if, at the end of the 90-day shelter period, the parent, legal guardian, or custodian continues to refuse to allow the child to remain at home or creates unreasonable conditions for the child’s return. If, at the end of the 90-day shelter period, the child is not reunited with his or her parent, legal guardian, or custodian due solely to the continued refusal of the parent, legal guardian, or custodian to provide food, clothing, shelter, and parental support, the child is considered to be threatened with harm as a result of such acts or omissions, and the court shall direct that the child be handled in every respect as a dependent child. Jurisdiction shall be transferred to the custody of the Department of Children and Families, and the child’s care shall be governed under the relevant provisions of chapter 39. The department shall coordinate with the Department of Children and Families as provided in s. 984.086. The clerk of court shall serve the Department of Children and Families with any court order of referral. (6) If the child requires residential mental health treatment or residential care for a developmental disability, the court shall refer the child to the Agency for Persons with Disabilities or to the Department of Children and Families for the provision of necessary services.

F.S. 984.226 Physically secure shelter.

(1) Subject to specific legislative appropriation, the department shall establish or contract for physically secure shelters for the placement of children in need of services who meet the criteria provided in this section. (2) When a child is adjudicated as a child in need of services by a court and all other less restrictive placements have been exhausted, the court may order the child to be placed in a physically secure shelter if the child has: (a) Failed to appear for placement in a shelter for up to 90 days as ordered under s. 984.225, or failed to comply with any other provision of a valid court order relating to such placement and, as a result of such failure, has been found to be in direct or indirect contempt of court; or (b) Run away from a 90-day shelter following placement under s. 984.225. The department or an authorized agent of the department must verify to the court that a bed is available for the child in a physically secure shelter. If a bed is not available in a physically secure 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. Physically secure shelter placement may only be used when the child cannot receive appropriate and available services due to the child running away or refusing to cooperate with attempts to provide services in other less restrictive placements. (3) A child may be placed in a physically secure shelter for up to 90 days by order of the court. If a child has not been reunited with his or her parent, guardian, or legal custodian at the expiration of the placement in a physically secure shelter, the court may order that the child remain in the physically secure shelter for an additional 30 days if the court finds that reunification could be achieved within that period. (4)(a) The court shall review the child’s placement once within every 45 days to determine whether the child can be returned home with the provision of ongoing services. (b) At any time during the placement of a child in need of services in a physically secure shelter, the department or an authorized agent of the department may submit to the court a report that recommends: 1. That the child has received all of the services available from the physically secure shelter and is ready for reunification with a parent or guardian; or 2. That the child is unlikely to benefit from continued placement in the physically secure shelter and is more likely to have his or her needs met in a different type of placement. The court may order that the child be transitioned from a physically secure shelter to a shelter placement as provided in s. 984.225 upon a finding that the physically secure shelter is no longer necessary for the child’s safety and to provide needed services. (c) The court shall determine if the parent, legal guardian, or custodian has reasonably participated in and has contributed to or participated in the child’s counseling and treatment program. (d) If the court finds an inadequate level of support or participation by the parent, legal guardian, or custodian before the end of the placement, the court shall direct a staffing to take place with the Department of Children and Families. (e) If the child requires long-term residential mental health treatment or residential care for a developmental disability, the court shall refer the child to the Department of Children and Families or the Agency for Persons with Disabilities 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. (5) Prior to being ordered to a physically secure shelter, the child must be afforded all rights of due process required under s. 984.07. (6) While in the physically secure shelter, the child shall receive appropriate assessment, intervention, treatment, and educational services that are designed to eliminate or reduce the child’s truant, ungovernable, or runaway behavior. The child and family shall be provided with individual and family counseling and other support services necessary for reunification. (7) The court shall order the parent, legal guardian, or custodian to cooperate with efforts to reunite the child with the family, participate in counseling, and pay all costs associated with the care and counseling provided to the child and family, in accordance with the child’s insurance and the family’s ability to pay as determined by the court. 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.

F.S. 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. (2) A secure detention facility authorized for use under chapter 985 for any purpose. (3) Any jail or other similar facility used for the purpose of detention or confinement of adults for any purpose.

Source: FL Statutes (Official Site)URL: https://www.flsenate.gov/Laws/Statutes/2025/Chapter984/AllFetched: 7/8/2026