Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for CS for SB 1276
       
       
       
       
       
       
                                Barcode 508690                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/27/2009 06:44 PM       .                                
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       Senator Dockery moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 97 - 108
    4  and insert:
    5         Section 3. Paragraphs (r) and (s) are added to subsection
    6  (2) of section 39.202, Florida Statutes, and subsection (7) of
    7  that section is amended, to read:
    8         39.202 Confidentiality of reports and records in cases of
    9  child abuse or neglect.—
   10         (2) Except as provided in subsection (4), access to such
   11  records, excluding the name of the reporter which shall be
   12  released only as provided in subsection (5), shall be granted
   13  only to the following persons, officials, and agencies:
   14         (r)A physician licensed under chapter 458 or chapter 459,
   15  a psychologist licensed under chapter 490, or a mental health
   16  professional licensed under chapter 491 engaged in the care or
   17  treatment of the child.
   18         (s)Persons with whom the department is seeking to place
   19  the child or to whom placement has been granted, including
   20  foster parents for whom an approved home study has been
   21  conducted, the designee of a licensed residential group home
   22  described in s. 39.523, an approved relative or nonrelative with
   23  whom a child is placed pursuant to s. 39.402, preadoptive
   24  parents for whom a favorable preliminary adoptive home study has
   25  been conducted, adoptive parents, or an adoption entity acting
   26  on behalf of preadoptive or adoptive parents.
   27         (7) The department shall make and keep reports and records
   28  of all cases under this chapter relating to child abuse,
   29  abandonment, and neglect and shall preserve the records
   30  pertaining to a child and family until 7 years after the last
   31  entry was made or until the child who is the subject of the
   32  record is 30 is 18 years of age, whichever date is first
   33  reached, and may then destroy the records. Department records
   34  required by this chapter relating to child abuse, abandonment,
   35  and neglect may be inspected only upon order of the court or as
   36  provided for in this section.
   37         (a)Within 90 days after the child leaves the department’s
   38  custody, the department shall give a notice to the person having
   39  legal custody of the child, or to the young adult who was in the
   40  department’s custody, which specifies how the records may be
   41  obtained.
   42         (b)The department may adopt rules regarding the format,
   43  storage, retrieval, and release of such records.
   44         Section 4. Section 39.00145, Florida Statutes, is created
   45  to read:
   46         39.00145Records concerning children.—
   47         (1)The case record of every child under the supervision of
   48  or in the custody of the department, the department’s authorized
   49  agents, or providers contracting with the department, including
   50  community-based care lead agencies and their subcontracted
   51  providers, must be maintained in a complete and accurate manner.
   52  The case record must contain, at a minimum, the child’s case
   53  plan required under part VIII of this chapter and the full name
   54  and street address of all shelters, foster parents, group homes,
   55  treatment facilities, or locations where the child has been
   56  placed.
   57         (2)Notwithstanding any other provision of this chapter,
   58  all records in a child’s case record must be made available for
   59  inspection, upon request, to the child who is the subject of the
   60  case record and to the child’s caregiver, guardian ad litem, or
   61  attorney.
   62         (a)A complete and accurate copy of any record in a child’s
   63  case record must be provided, upon request and at no cost, to
   64  the child who is the subject of the case record and to the
   65  child’s caregiver, guardian ad litem, or attorney.
   66         (b)The department shall release the information in a
   67  manner and setting that are appropriate to the age and maturity
   68  of the child and the nature of the information being released,
   69  which may include the release of information in a therapeutic
   70  setting, if appropriate. This paragraph does not deny the child
   71  access to his or her records.
   72         (c)If a child or the child’s caregiver, guardian ad litem,
   73  or attorney requests access to the child’s case record, any
   74  person or entity that fails to provide any record in the case
   75  record under assertion of a claim of exemption from the public
   76  records requirements of chapter 119, or fails to provide access
   77  within a reasonable time, is subject to sanctions and penalties
   78  under s. 119.10.
   79         (3)If a court determines that sharing information in the
   80  child’s case record is necessary to ensure access to appropriate
   81  services for the child or for the safety of the child, the court
   82  may approve the release of confidential records or information
   83  contained in them.
   84         (4)Notwithstanding any other provision of law, all state
   85  and local agencies and programs that provide services to
   86  children or that are responsible for a child’s safety, including
   87  the Department of Juvenile Justice, the Department of Health,
   88  the Agency for Health Care Administration, the Agency for
   89  Persons with Disabilities, the Department of Education, the
   90  Department of Revenue, the school districts, the Statewide
   91  Guardian Ad Litem Office, and any provider contracting with such
   92  agencies, may share with each other confidential records or
   93  information that are confidential or exempt from disclosure
   94  under chapter 119 if the records or information are reasonably
   95  necessary to ensure access to appropriate services for the
   96  child, including child support enforcement services, or for the
   97  safety of the child. However:
   98         (a)Records or information made confidential by federal law
   99  may not be shared.
  100         (b)This subsection does not apply to information
  101  concerning clients and records of certified domestic violence
  102  centers, which are confidential under s. 39.908 and privileged
  103  under s. 90.5036.
  104  
  105  ================= T I T L E  A M E N D M E N T ================
  106         And the title is amended as follows:
  107         Delete lines 7 - 10
  108  and insert:
  109         central abuse hotline; amending s. 39.202, F.S.;
  110         expanding access to certain confidential reports of
  111         child abuse or neglect to include physicians,
  112         psychologists, and mental health professionals;
  113         expanding the list of persons or entities that have
  114         access to child abuse records; revising how long the
  115         department must keep such records; requiring the
  116         department to provide notice of how the child’s
  117         records may be obtained after the child leaves the
  118         department’s custody; authorizing the department to
  119         adopt rules; creating s. 39.00145, F.S.; requiring
  120         that the case record of a child under the supervision
  121         or in the custody of the Department of Children and
  122         Family Services be maintained in a complete and
  123         accurate manner; specifying who has access to the case
  124         record; authorizing the court to directly release the
  125         child’s records to certain entities; providing that
  126         entities that have access to confidential information
  127         concerning a child may share it with other entities
  128         that provide services benefiting children; providing
  129         for exceptions for the sharing of confidential
  130         information under certain circumstances;