Florida Statutes § 984.03 — Definitions.

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.