Florida Senate - 2014                                     SB 960
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01310A-14                                           2014960__
    1                        A bill to be entitled                      
    2         An act relating to the protection of children;
    3         creating s. 39.0142, F.S.; requiring a statewide team
    4         of child protection investigators to respond to a
    5         child’s death or disappearance within a specified
    6         timeframe; providing requirements for the
    7         investigation into a child’s death or disappearance;
    8         requiring reports; requiring that the reports be
    9         posted on the Department of Children and Families'
   10         website; creating s. 39.2022, F.S.; providing
   11         legislative intent; requiring the department to
   12         disclose the basic facts of all fatalities and near
   13         fatalities of children which result from child abuse
   14         or neglect; requiring such disclosure to be published
   15         on the department’s website; providing applicability;
   16         providing requirements for the release of information
   17         if an investigation of a fatality is pending, if a
   18         report of a fatality is true, or if a report of a
   19         fatality is unsubstantiated; prohibiting certain
   20         information relating to the fatality of a child from
   21         being released; providing requirements for the release
   22         of information if an investigation of a near fatality
   23         is pending or if a report of a near fatality is true
   24         or unsubstantiated; prohibiting certain information
   25         relating to the near fatality of a child from being
   26         released; creating s. 39.2023, F.S.; requiring each
   27         community-based care lead agency to submit an annual
   28         report on damage claims relating to children injured
   29         while in the care or custody of the agency; providing
   30         requirements for such report; providing an effective
   31         date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 39.0142, Florida Statutes, is created to
   36  read:
   37         39.0142Disappearance or death of a child in care.—If a
   38  child who is under the care of the department or a community
   39  based care lead agency dies or is reported missing, a statewide
   40  team of child protection investigators shall respond within 24
   41  hours and shall assist the law enforcement agency in the
   42  investigation into the child’s death or disappearance.
   43         (1) In the case of a child’s death, a medical examiner
   44  shall perform an autopsy and report his or her findings pursuant
   45  to s. 39.201(3).
   46         (2) In the case of a child’s disappearance, a law
   47  enforcement agency shall conduct an investigation pursuant to s.
   48  937.021 and shall report on the status of the investigation to
   49  the department.
   50         (3) Notwithstanding ss. 39.202 and 119.071(2), the reports
   51  required under subsections (1) and (2) must be published on the
   52  department’s website with the child’s identity protected.
   53         Section 2. Section 39.2022, Florida Statutes, is created to
   54  read:
   55         39.2022 Public disclosure of child fatalities and near
   56  fatalities due to abuse and neglect.—
   57         (1) It is the intent of the Legislature to provide prompt
   58  disclosure of the basic facts of all fatalities and near
   59  fatalities of children from birth through the age of 18 which
   60  occur in this state as the result of child abuse or neglect.
   61  Disclosure must be published on the department’s website. This
   62  section does not limit public records access under any other
   63  law.
   64         (2) Notwithstanding ss. 119.071(2) and 39.202, if an
   65  investigation is pending based on a report of the fatality of a
   66  child to the department’s central abuse hotline, the department
   67  shall publish on its website the following information:
   68         (a) Name, age, race, and gender of the child.
   69         (b) Date of the child’s death.
   70         (c) Alleged or preliminary cause of death.
   71         (d) County and placement, if applicable, of the child at
   72  the time of the incident leading to the child’s death.
   73         (e) Community-based care lead agency, case management
   74  agency, or out-of-home care licensing agency responsible for the
   75  child, family, or licensed caregiver, if applicable.
   76         (f) Relationship of the alleged offender to the child.
   77         (g) Agency conducting the investigation.
   78         (h) Legal action taken by the department.
   79         (i) Services offered or provided by the department or a
   80  community-based care lead agency and its subcontractors at any
   81  time, if applicable.
   82         (3) Notwithstanding ss. 119.071(2) and 39.202, if the
   83  department determines through an investigation that a report of
   84  the fatality of a child is true, the department shall release
   85  the following additional information to the general public:
   86         (a) A summary of any previous maltreatment investigations
   87  involving the child.
   88         1. If the department determined in a previous investigation
   89  that a report of maltreatment was true, the disclosure may not
   90  include:
   91         a. If the offender was an adult, the offender’s name until
   92  due process is satisfied; or
   93         b. If the offender was younger than 18 years of age at the
   94  time of the act or omission of child maltreatment, the
   95  offender’s name.
   96         2. If the department determined in a previous investigation
   97  that a report of maltreatment was unsubstantiated, the
   98  disclosure may not include the name of the person alleged to be
   99  the offender.
  100         (b) A summary of the current investigation involving the
  101  child, including the following:
  102         1. The nature and extent of the child’s present and past
  103  injuries;
  104         2. Medical information pertaining to the child’s death; and
  105         3. If due process has been satisfied or the offender has
  106  been arrested, the name of the offender.
  107         (c) All risk and safety assessments relating to the child.
  108         (4) Notwithstanding ss. 119.071(2) and 39.202, if the
  109  department determines in an investigation that a report of the
  110  fatality of a child is unsubstantiated, the department shall
  111  post on its website the following information:
  112         (a) A summary of any previous maltreatment investigations
  113  involving the child.
  114         1. If the department determined in a previous investigation
  115  that a report of maltreatment was true, the disclosure may not
  116  include:
  117         a. If the offender was an adult, the offender’s name until
  118  due process is satisfied; or
  119         b. If the offender was younger than 18 years of age at the
  120  time of the act or omission of child maltreatment, the
  121  offender’s name.
  122         2. If the previous investigation determined that a report
  123  of maltreatment was unsubstantiated, the disclosure may not
  124  include the name of the person alleged to be the offender.
  125         (b) A summary of the current investigation involving the
  126  child, including medical information relating to the child’s
  127  death; however, the name of the alleged offender may not be
  128  disclosed.
  129         (c) All risk and safety assessments relating to the child.
  130         (d) Information about criminal charges, if known.
  131         (e) Any action taken by the department or a law enforcement
  132  agency, including personnel and licensing action.
  133         (5) The department may not release the following
  134  information relating to the fatality of a child:
  135         (a) Information relating to siblings of the child.
  136         (b) Attorney-client communications.
  137         (cInformation that would jeopardize a criminal
  138  investigation if such information were released.
  139         (6) Notwithstanding ss. 119.071(2) and 39.202, if an
  140  investigation is pending on a report of the near fatality of a
  141  child to the department’s central abuse hotline, the department
  142  shall post on its website the following information:
  143         (a) Age, race, and gender of the child.
  144         (b) Date of the near fatality.
  145         (c) Alleged or preliminary cause of the near fatality.
  146         (d) County and placement of the child at time of the near
  147  fatality.
  148         (e) Community-based care lead agency, case management
  149  agency, or out-of-home care licensing agency responsible for the
  150  child, family, and licensed caregiver, if applicable.
  151         (f) Relationship of the alleged offender to the child.
  152         (g) Agency conducting the investigation.
  153         (h) Legal action taken by the department.
  154         (i) Services offered or provided by the department or a
  155  community-based care lead agency and its subcontractors at any
  156  time, if applicable.
  157         (7) Notwithstanding ss. 119.071(2) and 39.202, if the
  158  department determines in an investigation that a report of the
  159  near fatality of a child is true, the department shall release
  160  the following additional information to the general public:
  161         (a) A summary of any previous maltreatment investigations
  162  involving the child, which does not identify the child.
  163         (b) A summary of the current investigation involving the
  164  child, which does not identify the child, which includes:
  165         1. The nature and extent of the child’s present and past
  166  injuries.
  167         2. Medical information pertaining to the incident.
  168         (c) Information about criminal charges, if known.
  169         (d) Any action taken by the department or any law
  170  enforcement agency, including personnel action and licensing
  171  action.
  172         (8) Notwithstanding ss. 119.071(2) and 39.202, if the
  173  department determines in an investigation that a report of the
  174  near fatality of a child is unsubstantiated, the department
  175  shall release the following information to the general public:
  176         (a) A summary of any previous maltreatment investigations
  177  involving the child, which does not identify the child.
  178         (b) A summary of the current investigation involving the
  179  child, which does not identify the child.
  180         (c) Information about criminal charges, if known.
  181         (d) Any action taken by the department or a law enforcement
  182  agency, including personnel and licensing action.
  183         (9) The department may not release the following
  184  information relating to the near fatality of a child:
  185         (a) Information relating to siblings of the child.
  186         (b) Attorney-client communications.
  187         (cInformation that would jeopardize a criminal
  188  investigation if it were released.
  189         Section 3. Section 39.2023, Florida Statutes, is created to
  190  read:
  191         39.2023 Public disclosure of resolution of claims for
  192  damages for children injured in state care or custody.—
  193         (1) Each community-based care lead agency shall submit a
  194  report annually by October 1 to the department on the existence
  195  and resolution of all damage claims relating to children
  196  allegedly injured in the care or the custody of the agency.
  197         (2) The report must include, for each claim presented:
  198         (a) The status of the claim, including whether the claim is
  199  presuit, filed, resolved, pending in trial court, or on appeal.
  200  If a suit has been filed or is pending, the report must include
  201  the court where such suit is filed or pending.
  202         (b) A summary of the legal claims made by the plaintiff.
  203         (c) The name of each entity named as a defendant.
  204         (d) How the claim was resolved, including, but not limited
  205  to, settlement, court order of dismissal or summary judgment,
  206  jury verdict, or nonjury determination, if applicable.
  207         (e) The amount paid by each defendant, the amount of a
  208  settlement, or the judgment unpaid for which a claims bill may
  209  be sought, if applicable.
  210         Section 4. This act shall take effect July 1, 2014.