1998 Florida Code
TITLE XLVII CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 984 Children And Families In Need Of Services  
984.226   Pilot program for a physically secure facility; contempt of court.

984.226  Pilot program for a physically secure facility; contempt of court.--

(1)  Subject to specific legislative appropriation, the Department of Juvenile Justice shall establish a pilot program within a single judicial circuit for the purpose of operating one or more physically secure facilities designated exclusively for the placement of children in need of services who are found in direct contempt or indirect contempt of a valid court order. If any party files a petition that a child is a child in need of services within such judicial circuit, the child must be represented by counsel at each court appearance. If the child is indigent, the court shall appoint an attorney to represent the child as provided under s. 985.203. Nothing precludes the court from requesting reimbursement of attorney's fees and costs from the nonindigent parent or legal guardian.

(2)  If a child adjudicated as a child in need of services is held in direct contempt or indirect contempt of a valid court order, as an alternative to placing the child in a staff-secure facility as provided under s. 984.225 or s. 985.216, the court may order that the child be placed within the circuit in a physically secure facility operated under the pilot program. A child may be committed to the facility only if the department, or an authorized representative of the department, verifies to the court that a bed is available for the child at the physically secure facility and the child has:

(a)  Run away from a staff-secure shelter following placement under s. 984.225 or s. 985.216; or

(b)  Committed at least two prior acts of direct or indirect contempt.

(3)  A child may be placed in a physically secure facility for up to 5 days for the first commitment and up to 15 days for a second or subsequent commitment.

(4)  Prior to being committed to a physically secure facility, the child must be afforded all rights of due process required under s. 985.216. While in the physically secure facility, the child shall receive appropriate assessment, 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 family counseling and other support services necessary for reunification.

(5)  The court shall order the parent, guardian, or legal 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 family's ability to pay as determined by the court. Commitment of a child under this section is designed to provide residential care on a temporary basis. Such commitment does not abrogate the legal responsibilities of the parent, guardian, or legal custodian with respect to the child, except to the extent that those responsibilities are temporarily altered by court order.

(6)  The 1Juvenile Justice Advisory Board shall monitor the operation of the pilot program and issue a preliminary evaluation report to the Legislature by December 1, 1998. The Department of Juvenile Justice and the 1Juvenile Justice Advisory Board shall issue a joint final report to the Legislature, including any proposed legislation, by December 1, 1999.

History.--s. 13, ch. 97-281; s. 75, ch. 98-280.

1Note.--Redesignated as the Juvenile Justice Accountability Board by s. 12, ch. 98-136.