Early truancy intervention; truancy petition; judgment.

(1) If the school determines 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 pursuant to s. 1003.26(1)(b), or has had more than 15 unexcused absences in a 90-calendar-day period, the superintendent of schools or his or her designee may file a truancy petition seeking early truancy intervention.

(2) The petition shall be filed in the circuit in which the student is enrolled in school.

(3) Original jurisdiction to hear a truancy petition shall be in the circuit court; however, the circuit court may use a general or special magistrate pursuant to Supreme Court rules. Upon the filing of the petition, the clerk shall issue a summons to the parent, legal guardian, or custodian of the student, directing that person and the student to appear for a hearing at a time and place specified.

(4) The petition must contain the following: the name, age, and address of the student; the name and address of the student’s parent or guardian; the school where the student is enrolled; the efforts the school has made to get the student to attend school in compliance with s. 1003.26; the number of out-of-school contacts between the school system and student’s parent or guardian; and the number of days and dates of days the student has missed school. The petition shall be sworn to by the superintendent or his or her designee.

(5) Once the petition is filed, the court shall hear the petition within 30 days.

(6) The student and the student’s parent or guardian shall attend the hearing.

(7) If the court determines that the student did miss any of the alleged days, the court shall enter an order finding the child to be a truant status offender and the court shall order the student to attend school and order the parent, legal guardian, or custodian to ensure that the student attends school. The court’s power under this subsection is limited to entering orders to require the student to attend school and require the student and family to participate in services to encourage regular school attendance. The court may order any of the following services:

(a) The student to participate in attendance at alternative classes;

(b) The student’s parent, legal guardian, or custodian to participate in parenting classes;

(c) The student or the student’s parent, legal guardian, or custodian to participate in individual, group, or family counseling;

(d) The student or the student’s parent, legal guardian, or custodian to participate in community mental health services or substance abuse treatment services if available and applicable;

(e) The student and the student’s parent, legal guardian, or custodian to participate in services provided by state or community agencies, if appropriate, including services for families in need of services as provided in s. 984.11;

(f) The student and the student’s parent, legal guardian, or custodian to attend meetings with school officials to address the child’s educational needs, classroom assignment, class schedule, and other barriers to school attendance identified by the child’s school, the child, or his or her family;

(g) The student and the student’s parent, legal guardian, or custodian to engage in learning activities provided by the school board as to why education is important and the potential impact on the child’s future employment and education options if the attendance problem persists; or

(h) The student or the student’s parent, legal guardian, or custodian to participate in vocational or job training.

(8) If the student does not substantially comply with compulsory school attendance and court-ordered services required under subsection (7), and the child meets the definition of a child in need of services, the case shall be referred by the court to the department’s authorized agent for review by the case staffing committee under s. 984.12 with a recommendation to file a petition for a child in need of services under s. 984.15. The court shall review the case not less than every 45 days to determine whether the child is in substantial compliance with compulsory education or if the case should be referred to the case staffing committee in accord with this subsection.

(9) If the student substantially complies with compulsory school attendance, the court shall close the truancy case.

(10) If the child is adjudicated a child in need of services pursuant to s. 984.21, the truancy case shall be closed and jurisdiction relinquished in accordance with s. 984.04.

(11) The court may retain jurisdiction of any case in which the child is noncompliant with compulsory education and the child does not meet the definition of a child in need of services under this chapter until jurisdiction lapses pursuant to s. 984.04.

(12) The court may not order a child placed in shelter pursuant to this section unless the court has found the child to be in contempt for violation of a court order under s. 984.09.

(13) The parent, legal guardian, or custodian and the student shall participate, as required by court order, in any sanctions or services required by the court under this section, and the court shall enforce such participation through its contempt power.

(14) Any truant student who meets the definition of a child in need of services and who has been found in contempt for violation of a court order under s. 984.09 two or more times shall be referred to the case staffing committee under s. 984.12 with a recommendation to file a petition for a child in need of services.

(15) The clerk of court must serve any court order referring the case to voluntary family services or the case staffing committee to the department’s office of general counsel and to the department’s authorized agent.