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397.706 Screening, assessment, and disposition of juvenile offenders.

397.706 Screening, assessment, and disposition of juvenile offenders.

   (1) The substance abuse treatment needs of juvenile offenders and their families must be identified and addressed through diversionary programs and adjudicatory proceedings pursuant to chapter 984 or chapter 985.

   (2) The juvenile and circuit courts, in conjunction with department substate entity administration, shall establish policies and procedures to ensure that juvenile offenders are appropriately screened for substance abuse problems and that diversionary and adjudicatory proceedings include appropriate conditions and sanctions to address substance abuse problems. Policies and procedures must address:

   (a) The designation of local service providers responsible for screening and assessment services and dispositional recommendations to the department and the court.

   (b) The means by which juvenile offenders are processed to ensure participation in screening and assessment services.

   (c) The role of the court in securing assessments when juvenile offenders or their families are noncompliant.

   (d) Safeguards to ensure that information derived through screening and assessment is used solely to assist in dispositional decisions and not for purposes of determining innocence or guilt.

   (3) Because resources available to support screening and assessment services are limited, the judicial circuits and department substate entity administration must develop those capabilities to the extent possible within available resources according to the following priorities:

   (a) Juvenile substance abuse offenders.

   (b) Juvenile offenders who are substance abuse impaired at the time of the offense.

   (c) Second or subsequent juvenile offenders.

   (d) Minors taken into custody.

   (4) The court may require juvenile offenders and their families to participate in substance abuse assessment and treatment services in accordance with the provisions of chapter 984 or chapter 985 and may use its contempt powers to enforce its orders.

History. s. 8, ch. 93-39; s. 36, ch. 98-280; s. 42, ch. 2009-132.

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