This section lets a court place certain children in a physically secure shelter and requires the department and court to take steps to verify space, review placement, and support reunification.
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.