397.951 Treatment and sanctions. - Florida Statutes

397.951 Treatment and sanctions.

The Legislature recognizes that the integration of treatment and sanctions greatly increases the effectiveness of substance abuse treatment. It is the responsibility of the department and the substance abuse treatment provider to employ the full measure of sanctions available to require participation and completion of treatment to ensure successful outcomes for children in substance abuse treatment.

   (1) Pursuant to the provisions of this chapter, the department shall ensure that substance abuse treatment providers develop and manage treatment plans that are appropriate to the severity of the substance abuse problem and tailored to the individual needs of the child.

   (2) The department shall ensure that substance abuse treatment providers employ any and all appropriate available sanctions necessary to engage, motivate, and maintain a child in treatment, including, but not limited to, provisions in law that:

   (a) Provide for parental participation in treatment for involuntary admission to treatment, as provided in part IV of this chapter.

   (b) Provide for law enforcement authorities to assume custody of a child who is substance abuse impaired and allow placement of a child into the care of a hospital, substance abuse detoxification facility, or addiction receiving facility, as specified in part V of this chapter.

   (c) Provide parental authority to involuntarily admit a child for assessment to an addiction receiving facility, as specified in part V of this chapter.

   (d) Provide parents and substance abuse providers with civil involuntary procedures to secure court-ordered assessment and treatment for children, as specified in part V of this chapter.

   (e) Authorize the court or any criminal justice authority with jurisdiction over a child charged or convicted of a crime to require that the delinquent or offender receive substance abuse services under part VII of this chapter.

   (f) Provide authority of the court and contempt powers to require parental participation in the treatment of a delinquent or offender pursuant to s. 397.706.

   (g) Authorize the court to mandate services for children and their families in dependency proceedings under chapter 39, and children and families in need of services under chapter 984.

   (h) Provide that the use, possession, or sale of controlled substances, as defined in chapter 893, or possession of electronic telephone pagers, by any student while such student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed pursuant to s. 1006.09(1)-(4).

   (i) Provide that, pursuant to s. 322.056, for any person under 18 years of age who is found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893, and is eligible by reason of age for a driver’s license or driving privilege, the court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to withhold issuance of his or her driver’s license or driving privilege for a period of:

   1. Not less than 6 months and not more than 1 year for the first violation.

   2. Two years, for a subsequent violation.

History. s. 11, ch. 99-396; s. 987, ch. 2002-387.