Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for CS for SB 1276
       
       
       
       
       
       
                                Barcode 615968                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/27/2009 06:47 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. Section 39.00145, Florida Statutes, is created
    6  to read:
    7         39.00145Records concerning children.—
    8         (1)The case record of every child under the supervision of
    9  or in the custody of the department, the department’s authorized
   10  agents, or providers contracting with the department, including
   11  community-based care lead agencies and their subcontracted
   12  providers, must be maintained in a complete and accurate manner.
   13  The case record must contain, at a minimum, the child’s case
   14  plan required under part VIII of this chapter and the full name
   15  and street address of all shelters, foster parents, group homes,
   16  treatment facilities, or locations where the child has been
   17  placed.
   18         (2)Notwithstanding any other provision of this chapter,
   19  all records in a child’s case record must be made available for
   20  inspection, upon request, to the child who is the subject of the
   21  case record and to the child’s caregiver, guardian ad litem, or
   22  attorney.
   23         (a)A complete and accurate copy of any record in a child’s
   24  case record must be provided, upon request and at no cost, to
   25  the child who is the subject of the case record and to the
   26  child’s caregiver, guardian ad litem, or attorney.
   27         (b)The department shall release the information in a
   28  manner and setting that are appropriate to the age and maturity
   29  of the child and the nature of the information being released,
   30  which may include the release of information in a therapeutic
   31  setting, if appropriate. This paragraph does not deny the child
   32  access to his or her records.
   33         (c)If a child or the child’s caregiver, guardian ad litem,
   34  or attorney requests access to the child’s case record, any
   35  person or entity that fails to provide any record in the case
   36  record under assertion of a claim of exemption from the public
   37  records requirements of chapter 119, or fails to provide access
   38  within a reasonable time, is subject to sanctions and penalties
   39  under s. 119.10.
   40         (d)For purposes of this subsection, the term “caregiver”
   41  is limited to parents, legal custodians, permanent guardians, or
   42  foster parents; employees of a residential home, institution,
   43  facility, or agency at which the child resides; and other
   44  individuals legally responsible for a child’s welfare in a
   45  residential setting.
   46         (3)If a court determines that sharing information in the
   47  child’s case record is necessary to ensure access to appropriate
   48  services for the child or for the safety of the child, the court
   49  may approve the release of confidential records or information
   50  contained in them.
   51         (4)Notwithstanding any other provision of law, all state
   52  and local agencies and programs that provide services to
   53  children or that are responsible for a child’s safety, including
   54  the Department of Juvenile Justice, the Department of Health,
   55  the Agency for Health Care Administration, the Agency for
   56  Persons with Disabilities, the Department of Education, the
   57  Department of Revenue, the school districts, the Statewide
   58  Guardian Ad Litem Office, and any provider contracting with such
   59  agencies, may share with each other confidential records or
   60  information that are confidential or exempt from disclosure
   61  under chapter 119 if the records or information are reasonably
   62  necessary to ensure access to appropriate services for the
   63  child, including child support enforcement services, or for the
   64  safety of the child. However:
   65         (a)Records or information made confidential by federal law
   66  may not be shared.
   67         (b)This subsection does not apply to information
   68  concerning clients and records of certified domestic violence
   69  centers, which are confidential under s. 39.908 and privileged
   70  under s. 90.5036.
   71         Section 4. Paragraphs (r) and (s) are added to subsection
   72  (2) of section 39.202, Florida Statutes, and subsection (7) of
   73  that section is amended, to read:
   74         39.202 Confidentiality of reports and records in cases of
   75  child abuse or neglect.—
   76         (2) Except as provided in subsection (4), access to such
   77  records, excluding the name of the reporter which shall be
   78  released only as provided in subsection (5), shall be granted
   79  only to the following persons, officials, and agencies:
   80         (r)Persons with whom the department is seeking to place
   81  the child or to whom placement has been granted, including
   82  foster parents for whom an approved home study has been
   83  conducted, the designee of a licensed residential group home
   84  described in s. 39.523, an approved relative or nonrelative with
   85  whom a child is placed pursuant to s. 39.402, preadoptive
   86  parents for whom a favorable preliminary adoptive home study has
   87  been conducted, adoptive parents, or an adoption entity acting
   88  on behalf of preadoptive or adoptive parents.
   89         (s)A physician licensed under chapter 458 or chapter 459,
   90  a psychologist licensed under chapter 490, or a mental health
   91  professional licensed under chapter 491 engaged in the care or
   92  treatment of the child.
   93         (7) The department shall make and keep reports and records
   94  of all cases under this chapter relating to child abuse,
   95  abandonment, and neglect and shall preserve the records
   96  pertaining to a child and family until 7 years after the last
   97  entry was made or until the child who is the subject of the
   98  record is 30 is 18 years of age, whichever date is first
   99  reached, and may then destroy the records. Department records
  100  required by this chapter relating to child abuse, abandonment,
  101  and neglect may be inspected only upon order of the court or as
  102  provided for in this section.
  103         (a)Within 90 days after the child leaves the department’s
  104  custody, the department shall give a notice to the person having
  105  legal custody of the child, or to the young adult who was in the
  106  department’s custody, which specifies how the records may be
  107  obtained.
  108         (b)The department may adopt rules regarding the format,
  109  storage, retrieval, and release of such records.
  110  
  111  ================= T I T L E  A M E N D M E N T ================
  112         And the title is amended as follows:
  113         Delete lines 7 - 10
  114  and insert:
  115  central abuse hotline; creating s. 39.00145, F.S.; requiring
  116  that the case record of a child under the supervision or in the
  117  custody of the Department of Children and Family Services be
  118  maintained in a complete and accurate manner; specifying who has
  119  access to the case record; authorizing the court to directly
  120  release the child’s records to certain entities; providing that
  121  entities that have access to confidential information concerning
  122  a child may share it with other entities that provide services
  123  benefiting children; providing for exceptions for the sharing of
  124  confidential information under certain circumstances; amending
  125  s. 39.202, F.S.; expanding the list of persons or entities that
  126  have access to child abuse records; revising how long the
  127  department must keep such records; requiring the department to
  128  provide notice of how the child’s records may be obtained after
  129  the child leaves the department’s custody; authorizing the
  130  department to adopt rules;